FORMATION OF THE ORIGINAL UNION. — POPULATION OF THE UNITED STATES AT DECENNIAL PERIODS.
On Monday, the 5th of September, 1774, there were assembled at
Carpenter’s Hall, in the city of Philadelphia, a number of men who had
been chosen and appointed by the several colonies in North America
to hold a Congress for the purpose of discussing certain grievances
imputed against the mother country. This Congress resolved, on the
next day, that each colony should have one vote only. On Tuesday, the
2d July, 1776, the Congress resolved, “That these United Colonies are,
and of right ought to be, Free and Independent States,” etc., etc.;
and on Thursday, the 4th July, the whole Declaration of Independence
having been agreed upon, it was publicly read to the people. Shortly
after, on the 9th September, it was resolved that the words “United
Colonies” should be no longer used, and that the “United
States of America” should thenceforward be the style and title
of the Union. On Saturday, the 15th November, 1777, “Articles of
Confederation and Perpetual Union of the United States of America”
were agreed to by the State delegates, subject to the ratification
of the State legislatures severally. Eight of the States ratified
these articles on the 9th July, 1778; one on the 21st July; one on
the 24th July; one on the 26th November of the same year; one on the
22d February, 1779; and the last one on the 1st March, 1781. Here was
a bond of union between thirteen independent States, whose delegates
in Congress legislated for the general welfare, and executed certain
powers so far as they were permitted by the articles aforesaid. The
following are the names of the Presidents of the Continental Congress
from 1774 to 1788:
Peyton Randolph, Virginia
5th
Sept.,
1774.
Henry Middleton, South Carolina
22d
Oct.,
1774.
Peyton Randolph, Virginia
10th
May,
1775.
John Hancock, Massachusetts
24th
May,
1776.
Henry Laurens, South Carolina
1st
Nov.,
1777.
John Jay, New York
10th
Dec.,
1778.
Samuel Huntingdon, Connecticut
28th
Sept.,
1779.
Thomas McKean, Delaware
10th
July,
1781.
John Hanson, Maryland
5th
Nov.,
1781.
Elias Boudinot, New Jersey
4th
”
1782.
Thomas Mifflin, Pennsylvania
3d
”
1783.
Richard Henry Lee, Virginia
30th
”
1784.
Nathaniel Gorham, Massachusetts
6th
Jan.,
1786.
Arthur St. Clair, Pennsylvania
2d
Feb.,
1787.
Cyrus Griffin, Virginia
22d
Jan.,
1788.
The seat of government was established as follows: At Philadelphia,
Pa., commencing September 5, 1774, and May 10, 1775; at Baltimore,
Md., December 20, 1776; at Philadelphia, Pa., March 4, 1777; at
Lancaster. Pa., September 27, 1777; at York, Pa., September 30, 1777;
at Philadelphia, Pa., July 2, 1778; at Princeton, N. J., June 30, 1783;
at Annapolis, Md., November 26, 1783; at Trenton, N. J., November 1,
1784; and at New York City, N. Y., Jan. 11, 1785.
On the 4th March, 1789, the present Constitution, which had been
adopted by a convention and ratified by the requisite number of States,
went into operation.
Cens’s Years.
White Persons.
Colored Persons.
Total Population.
Free.
Slave.
Total.
1790
3,172,464
59,466
697,897
757,363
3,929,827
1800
4,304,489
108,395
893,041
1,001,436
5,305,925
1810
5,862,004
186,446
1,191,364
1,377,810
7,239,814
1820
7,861,937
238,156
1,538,038
1,776,194
9,638,131
1830
10,537,378
319,599
2,009,043
2,328,642
12,866,020
1840
14,195,695
386,303
2,487,455
2,873,758
17,069,453
1850
19,553,068
434,495
3,204,313
3,638,808
23,191,876
1860
26,964,930
487,970
3,953,760
4,441,730
31,443,322
DECLARATION OF INDEPENDENCE.
IN CONGRESS, TUESDAY, JULY 4, 1776.
Agreeably to the order of the day, the Congress resolved itself into
a committee of the whole, to take into their further consideration
the Declaration; and, after some time, the President resumed the
chair, and Mr. Harrison reported that the committee had agreed to a
declaration, which they desired him to report. (The committee consisted
of Jefferson, Franklin, John Adams, Sherman, and R. R Livingston.)
The Declaration being read, was agreed to, as follows:
A DECLARATION
BY THE REPRESENTATIVES OF THE UNITED STATES OF AMERICA,
IN CONGRESS ASSEMBLED.
When, in the course of human events, it becomes necessary for one
people to dissolve the political bands which have connected them with
another, and to assume among the powers of the earth the separate and
equal station to which the laws of nature and of nature’s God entitle
them, a decent respect for the opinions of mankind requires that they
should declare the causes which impel them to the separation.
We hold these truths to be self-evident: that all men are created
equal; that they are endowed by their Creator with certain inalienable
rights; that among these are life, liberty, and the pursuit of
happiness. That, to secure these rights, governments are instituted
among men, deriving their just powers from the consent of the governed;
that, whenever any form of government becomes destructive of these
ends, it is the right of the people to alter or to abolish it, and to
institute a new government, laying its foundation on such principles,
and organizing its powers in such form, as to them shall seem most
likely to effect their safety and happiness. Prudence, indeed, will
dictate that governments long established should not be changed for
light and transient causes; and, accordingly, all experience hath shown
that mankind are more disposed to suffer, while evils are sufferable,
than to right themselves by abolishing the forms to which they are
accustomed. But, when a long train of abuses and usurpations, pursuing
invariably the same object, evinces a design to reduce them under
absolute despotism, it is their right, it is their duty, to throw off
such government, and to provide new guards for their future security.
Such has been the patient sufferance of these colonies, and such is
now the necessity which constrains them to alter their former systems
of government. The history of the present King of Great Britain is a
history of repeated injuries and usurpations, all having, in direct
object, the establishment of an absolute tyranny over these States. To
prove this, let facts be submitted to a candid world:
He has refused his assent to laws the most wholesome and necessary for
the public good.
He has forbidden his Governors to pass laws of immediate and pressing
importance, unless suspended in their operation till his assent should
be obtained; and, when so suspended, he has utterly neglected to attend
to them.
He has refused to pass other laws for the accommodation of large
districts of people unless those people would relinquish the right of
representation in the legislature—a right inestimable to them, and
formidable to tyrants only.
He has called together legislative bodies at places unusual,
uncomfortable, and distant from the depository of their public records,
for the sole purpose of fatiguing them into compliance with his measures.
He has dissolved representative houses repeatedly for opposing, with
manly firmness, his invasions on the rights of the people.
He has refused, for a long time after such dissolutions, to cause
others to be elected; whereby the legislative powers, incapable of
annihilation, have returned to the people at large for their exercise,
the State remaining, in the meantime, exposed to all the danger of
invasion from without, and convulsions within.
He has endeavored to prevent the population of these States; for
that purpose, obstructing the laws for naturalization of foreigners;
refusing to pass others to encourage their emigration hither, and
raising the conditions of new appropriations of lands.
He has obstructed the administration of justice, by refusing his assent
to laws for establishing judiciary powers.
He has made judges dependent on his will alone for the tenure of their
offices and the amount and payment of their salaries.
He has erected a multitude of new offices, and sent hither swarms of
officers to harass our people, and eat out their substance.
He has kept among us, in times of peace, standing armies, without the
consent of our legislature.
He has affected to render the military independent of, and superior to,
the civil power.
He has combined, with others, to subject us to a jurisdiction foreign
to our constitution, and unacknowledged by our laws; giving his assent
to their acts of pretended legislation:
For quartering large bodies of armed troops among us;
For protecting them, by mock trial, from punishment, for any murders
which they should commit on the inhabitants of these States;
For cutting off our trade with all parts of the world;
For imposing taxes on us without our consent;
For depriving us, in many cases, of the benefits of trial by jury;
For transporting us beyond seas to be tried for pretended offenses;
For abolishing the free system of English laws in a neighboring
province, establishing therein an arbitrary government, and enlarging
its boundaries, so as to render it at once an example and fit
instrument for introducing the same absolute rule into these colonies;
For taking away our charters, abolishing our most valuable laws, and
altering, fundamentally, the powers of our governments;
For suspending our own legislature, and declaring themselves invested
with power to legislate for us in all cases whatsoever.
He has abdicated government here, by declaring us out of his
protection, and waging war against us.
He has plundered our seas, ravaged our coast, burnt our towns, and
destroyed the lives of our people.
He is, at this time, transporting large armies of foreign mercenaries
to complete the works of death, desolation, and tyranny, already begun,
with circumstances of cruelty and perfidy scarcely paralleled in the
most barbarous ages, and totally unworthy the head of a civilized nation.
He has constrained our fellow-citizens, taken captive on the high seas,
to bear arms against their country, to become the executioners of their
friends and brethren, or to fall themselves by their hands.
He has excited domestic insurrections amongst us, and has endeavored
to bring on the inhabitants of our frontiers, the merciless Indian
savages, whose known rule of warfare is an undistinguished destruction,
of all ages, sexes, and conditions.
In every stage of these oppressions, we have petitioned for redress,
in the most humble terms; our repeated petitions have been answered
only by repeated injury. A prince, whose character is thus marked by
every act which may define a tyrant, is unfit to be the ruler of a
free people.
Nor have we been wanting in attention to our British brethren. We have
warned them, from time to time, of attempts made by their legislature
to extend an unwarrantable jurisdiction over us. We have reminded them
of the circumstances of our emigration and settlement here. We have
appealed to their native justice and magnanimity, and we have conjured
them, by the ties of our common kindred, to disavow these usurpations,
which would inevitably interrupt our connections and correspondence.
They, too, have been deaf to the voice of justice and consanguinity.
We must, therefore, acquiesce in the necessity, which denounces our
separation, and hold them, as we hold the rest of mankind, enemies in
war—in peace, friends.
We, therefore, the representatives of the UNITED STATES OF AMERICA,
in GENERAL CONGRESS assembled, appealing to the Supreme Judge of the
World for the rectitude of our intentions, do, in the name, and by
the authority of the good people of these colonies, solemnly publish
and declare, That these United Colonies are, and of right ought to
be, Free and Independent States; that
they are absolved from all allegiance to the British crown, and that
all political connections between them and the State of Great Britain,
is, and ought to be, totally dissolved; and that, as FREE AND
INDEPENDENT STATES, they have full power to levy war, conclude
peace, contract alliances, establish commerce, and to do all other
acts and things which INDEPENDENT STATES may of right do. And for the
support of this Declaration, with a firm reliance on the protection of
DIVINE PROVIDENCE, we mutually pledge to each other, our lives, our
fortunes, and our sacred honor.
The foregoing Declaration was, by order of Congress, engrossed, and
signed by the following members:
JOHN HANCOCK.
New Hampshire.
Rhode Island.
Josiah Bartlett,
Stephen Hopkins,
William Whipple,
William Ellery.
Matthew Thornton.
Massachusetts Bay.
New York.
Samuel Adams,
William Floyd,
John Adams,
Philip Livingston,
Robert Treat Payne,
Francis Lewis,
Elbridge Gerry.
Lewis Morris.
Connecticut.
New Jersey.
Roger Sherman,
Richard Stockton,
Samuel Huntington,
John Witherspoon,
William Williams,
Francis Hopkinson,
Oliver Wolcott.
John Hart,
Abraham Clark.
Pennsylvania.
Virginia.
Robert Morris,
George Wythe,
Benjamin Rush,
Richard Henry Lee,
Benjamin Franklin,
Thomas Jefferson,
John Morton,
Benjamin Harrison,
George Clymer,
Thomas Nelson, Jun.,
James Smith,
Francis Lightfoot Lee,
George Taylor,
Carter Braxton.
James Wilson,
George Ross.
North Carolina.
William Hooper,
Joseph Hewes,
John Penn.
Delaware.
South Carolina.
Cæsar Rodney,
Edward Rutledge,
George Read,
Thomas Heyward, Jun.,
Thomas M’Kean.
Thomas Lynch, Jun.,
Arthur Middleton.
Maryland.
Georgia.
Samuel Chase,
Button Gwinnett,
William Paca,
Lyman Hall,
Thomas Stone,
George Walton.
Charles Carroll,
of Carroll’n.
JOHN ADAMS.
ARTICLES OF CONFEDERATION
AND PERPETUAL UNION BETWEEN THE STATES.
The Articles of Confederation reported July 12,
’76, and debated from day to day, and time to time, for two years;
were ratified July 9, ’78, by 10 States; by New Jersey, on the 26th
of November of the same year; and by Delaware, on the 23d of February
following. Maryland, alone, held off two years more, acceding to them
March 1, ’81, and thus closing the obligation. The following are the
Articles:
To all whom these Presents shall come, We, the undersigned Delegates
of the States affixed to our names, send greeting—Whereas, the
Delegates of the United States of America, in Congress assembled,
did, on the 15th day of November, in the year of our Lord, 1777, and
in the Second Year of the Independence of America, agree to certain
Articles of Confederation and Perpetual Union between the States of New
Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations,
Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland,
Virginia, North Carolina, South Carolina, and Georgia, in the words
following, viz.:
“Articles of Confederation and Perpetual
Union between the States of New Hampshire, Massachusetts Bay, Rhode
Island and Providence Plantations, Connecticut, New York, New Jersey,
Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South
Carolina, and Georgia.”
Article 1. The style of this Confederacy
shall be “The United States of America.”
Article 2. Each State retains its
sovereignty, freedom, and independence, and every power, jurisdiction,
and right, which is not by this confederation expressly delegated to
the United States in Congress assembled.
Article 3. The said States hereby severally
enter into a firm league of friendship with each other, for their
common defense, the security of their liberties, and their mutual and
general welfare, binding themselves to assist each other against all
force offered to, or attacks made upon them, or any of them, on account
of religion, sovereignty, trade, or any other pretense whatever.
Article 4. The better to secure and
perpetuate mutual friendship and intercourse among the people of the
different States in this Union, the free inhabitants of each of these
States—paupers, vagabonds, and fugitives from justice excepted—shall
be entitled to all privileges and immunities of free citizens in the
several States; and the people of each State shall have free ingress
and regress to and from any other State, and shall enjoy therein all
the privileges of trade and commerce, subject to the same duties,
impositions, and restrictions, as the inhabitants thereof respectively,
provided that such restriction shall not extend so far as to prevent
the removal of property, imported into any State, to any other State of
which the owner is an inhabitant; provided, also, that no imposition,
duties or restriction shall be laid by any State on the property of the
United States, or either of them.
If any person guilty of or charged with treason, felony, or other
high misdemeanor in any State, shall flee from justice, and be found
in any of the United States, he shall, upon demand of the Governor, or
executive power of the State from which he fled, be delivered up and
removed to the State having jurisdiction of his offense.
Full faith and credit shall be given in each of these States, to the
records, acts, and judicial proceedings of the courts and magistrates
of every other State.
Article 5. For the more convenient
management of the general interest of the United States, Delegates
shall be annually appointed, in such manner as the legislature of
each State shall direct, to meet in Congress on the first Monday in
November, in every year, with a power reserved to each State, to recall
its Delegates, or any of them, at any time within the year, and to send
others in their stead, for the remainder of the year.
No state shall be represented in Congress by less than two, nor by
more than seven members; and no person shall be capable of being a
Delegate for more than three years in any term of six years; nor shall
any person, being a Delegate, be capable of holding any office under
the United States, for which he, or another for his benefit, receives
any salary, fees or emolument of any kind.
Each State shall maintain its own Delegates in any meeting of
the States, and while they act as members of the Committee of the
States.
In determining questions in the United States, in Congress
assembled, each State shall have one vote.
Freedom of speech and debate in Congress shall not be impeached or
questioned in any court or place, out of Congress, and the members
of Congress shall be protected in their persons from arrests and
imprisonments, during the time of their going to and from, and
attendance on Congress, except for treason, felony, or breach of the
peace.
Article 6. No State, without the consent
of the United States in Congress assembled, shall send an embassy to,
or receive an embassy from, or enter into any conference, agreement,
alliance or treaty with any King, Prince, or State; nor shall any
person holding any office of profit or trust under the United States,
or any of them, accept of any present, emolument, office or title of
any kind whatever from any King, Prince, or Foreign State; nor shall
the United States in Congress assembled, or any of them, grant any
title of nobility.
No two or more States shall enter into any treaty, confederation
or alliance whatever between them, without the consent of the United
States in Congress assembled, specifying accurately the purposes
for which the same is to be entered into, and how long it shall
continue.
No State shall lay any imposts or duties which may interfere with
any stipulations in treaties, entered into by the United States in
Congress assembled, with any King, Prince or State, in pursuance of any
treaties already proposed by Congress, to the Courts of France and Spain.
No vessels of war shall be kept up in time of peace by any State
except such number only, as shall be deemed necessary by the United
States in Congress assembled, for the defense of such State, or its
trade; nor shall any body of forces be kept up by any State, in time of
peace, except such number only, as in the judgment of the United States
in Congress assembled, shall be deemed requisite to garrison the forts
necessary for the defense of such State; but every State shall always
keep up a well-regulated and disciplined militia, sufficiently armed
and accoutred, and shall provide and have constantly ready for use, in
public stores, a due number of field-pieces and tents, and a proper
quantity of arms, ammunition, and camp equipage.
No State shall engage in any war without the consent of the United
States in Congress assembled, unless such State be actually invaded by
enemies, or shall have received certain advice of a resolution being
formed by some nation of Indians to invade such a State, and the danger
is so imminent as not to admit of a delay, till the United States
in Congress assembled can be consulted: nor shall any State grant
commissions to any ships or vessels of war, nor letters of marque or
reprisal, except it be after a declaration of war by the United States
in Congress assembled, and then only against the Kingdom or State,
and the subjects thereof, against which war has been so declared, and
under such regulations as shall be established by the United States
in Congress assembled, unless such State be infested by pirates, in
which case vessels of war may be fitted out for that occasion, and kept
so long as the danger shall continue, or until the United States in
Congress assembled shall determine otherwise.
Article 7. When land forces are raised
by any State for the common defense, all officers of, or under the
rank of colonel, shall be appointed by the legislature of each State
respectively, by whom such forces shall be raised, or in such manner as
such State shall direct, and all vacancies shall be filled up by the
State which first made the appointment.
Article 8. All charges of war, and all
other expenses that shall be incurred for the common defense or general
welfare, and allowed by the United States in Congress assembled, shall
be defrayed out of a common treasury, which shall be supplied by the
several States, in proportion to the value of all land within each
State, granted to or surveyed for any person, as such land and the
buildings and improvements thereon shall be estimated according to such
mode as the United States in Congress assembled, shall, from time to
time, direct and appoint. The taxes for paying that proportion shall be
laid and levied by the authority and direction of the legislatures of
the several States within the time agreed upon by the United States in
Congress assembled.
Article 9. The United States in Congress
assembled shall have the sole and exclusive right and power of
determining on peace and war, except in the cases mentioned in the 6th
article—of sending and receiving embassadors—entering into treaties and
alliances, provided that no treaty of commerce shall be made whereby
the legislative power of the respective States shall be restrained from
imposing such imposts and duties on foreigners, as their own people are
subjected to, or from prohibiting the exportation or importation of any
species of goods or commodities whatsoever—of establishing rules for
deciding in all cases what captures on land or water shall be legal,
and in what manner prizes taken by land or naval forces in the service
of the United States shall be divided or appropriated—of granting
letters of marque and reprisal in times of peace—appointing courts
for the trial of piracies and felonies committed on the high seas and
establishing courts for receiving and determining finally appeals in
all cases of captures, provided that no member of Congress shall be
appointed a judge of any of the said courts.
The United States in Congress assembled shall also be the last
resort on appeal in all disputes and differences now subsisting or that
hereafter may arise between two or more States concerning boundary,
jurisdiction, or any other cause whatever; which authority shall always
be exercised in the manner following:—Whenever the legislative or
executive authority or lawful agent of any State in controversy with
another shall present a petition to Congress, stating the matter in
question, and praying for a hearing, notice thereof shall be given by
order of Congress, to the legislative or executive authority of the
other State in controversy, and a day assigned for the appearance of
the parties by their lawful agents, who shall then be directed to
appoint, by joint consent, commissioners or judges to constitute a
court for hearing and determining the matter in question: but if they
can not agree, Congress shall name three persons out of each of the
United States, and from the list of such persons each party shall
alternately strike out one, the petitioners beginning, until the
number shall be reduced to thirteen; and from that number not less
than seven, nor more than nine names, as Congress shall direct, shall
in the presence of Congress be drawn out by lot, and the persons whose
names shall be so drawn or any five of them, shall be commissioners
or judges, to hear and finally determine the controversy, so always
as a major part of the judges who shall hear the cause shall agree
in the determination: and if either party shall neglect to attend at
the day appointed, without showing reasons which Congress shall judge
sufficient, or being present shall refuse to strike, the Congress
shall proceed to nominate three persons out of each State, and the
Secretary of Congress shall strike in behalf of such party absent or
refusing; and the judgment and sentence of the court to be appointed,
in the manner above prescribed, shall be final and conclusive; and if
any of the parties shall refuse to submit to the authority of such
court, or to appear or defend their claim or cause, the court shall,
nevertheless, proceed to pronounce sentence or judgment, which shall in
like manner be final and decisive, the judgment or sentence and other
proceedings being in either case transmitted to Congress and lodged
among the acts of Congress for the security of the parties concerned:
provided that every commissioner, before he sits in judgment, shall
take an oath, to be administered by one of the judges of the Supreme
or Superior Court of the State where the cause shall be tried, “well
and truly to hear and determine the matter in question, according to
the best of his judgment, without favor, affection, or hope of reward:”
provided also that no State shall be deprived of territory for the
benefit of the United States.
All controversies concerning the private right of soil claimed under
different grants of two or more States, whose jurisdictions as they
may respect such lands, and the States which passed such grants, are
adjusted; the said grants or either of them being at the same time
claimed to have originated antecedent to such settlement of
jurisdiction, shall, on the petition of either party to the Congress
of the United States, be finally determined as near as may be in the
same manner as is before prescribed for deciding disputes respecting
territorial jurisdiction between different States.
The United States in Congress assembled shall also have the sole
exclusive right and power of regulating the alloy and value of
coin struck by their own authority, or by that of the respective
States—fixing the standard of weights and measures throughout the
United States—regulating the trade and managing all affairs with
the Indians, not members of any of the States; provided that the
legislative right of any State within its own limits be not infringed
or violated—establishing or regulating post-offices from one State
to another, throughout all the United States, and exacting such
postage on the papers passing through the same as may be requisite
to defray, the expenses of the said office—appointing all officers
of the land forces, in the service of the United States, excepting
regimental officers—appointing all the officers of the naval forces,
and commissioning all officers whatever in the service of the United
States—making rules for the government and regulation of the said land
and naval forces, and directing their operations.
The United States in Congress assembled shall have authority
to appoint a committee, to sit in the recess of Congress, to be
denominated “A Committee of the States,” and to consist of one delegate
from each State; and to appoint such other committees and civil
officers as may be necessary for managing the general affairs of the
United States, under their direction—to appoint one of their number to
preside; provided that no person be allowed to serve in the office of
president more than one year in any term of three years—to ascertain
the necessary sums of money to be raised for the service of the United
States, and to appropriate and apply the same for defraying the public
expenses—to borrow money, or emit bills on the credit of the United
States, transmitting every half year to the respective States an
account of the sums of money so borrowed or emitted—to build and equip
a navy—to agree upon the number of land forces, and to make requisitions
from each State for its quota, in proportion to the number of white
inhabitants in such State; which requisition shall be binding; and
thereupon the legislatures of each State shall appoint the regimental
officers, raise the men, and clothe, arm, and equip them in a
soldier-like manner, at the expense of the United States; and the
officers and men so clothed, armed, and equipped, shall march to the
place appointed, and within the time agreed on by the United States
in Congress assembled; but if the United States in Congress assembled
shall, on consideration of circumstances, judge proper that any State
should not raise men, or should raise a smaller number than its quota,
and that any other State should raise a greater number of men than the
quota thereof, such extra number shall be raised, officered, clothed,
armed, and equipped in the same manner as the quota of such State,
unless the legislature of such state shall judge that such extra number
can not be safely spared out of the same; in which case they shall
raise, officer, clothe, arm, and equip as many of such extra number as
they judge can be safely spared. And the officers and men so clothed,
armed, and equipped, shall march to the place appointed, and within the
time agreed on by the United States in Congress assembled.
The United States in Congress assembled shall never engage in a war,
nor grant letters of marque and reprisal in time of peace, nor enter
into any treaties or alliances, nor coin money, nor regulate the value
thereof, nor ascertain the sums and expenses necessary for the defense
and welfare of the United States, or any of them, nor emit bills, nor
borrow money on the credit of the United States, nor appropriate money,
nor agree upon the number of vessels of war to be built or purchased,
or the number of land or sea forces to be raised, nor appoint a
commander-in-chief of the army or navy unless nine States assent to the
same; nor shall a question on any other point, except for adjourning
from day to day, be determined, unless by the votes of a majority of
the United States in Congress assembled.
The Congress of the United States shall have power to adjourn to any
time within the year, and to any place within the United States, so
that no period of adjournment be for a longer duration than the space
of six months, and shall publish the journal of their proceedings
monthly, except such parts thereof relating to treaties, alliances,
or military operations, as in their judgment require secrecy and the
yeas and nays of the delegates of each State on any question shall be
entered on the journal when it is desired by any delegate; and the
delegates of a State, or any of them, at his or their request, shall
be furnished with a transcript of the said journal, except such parts
as are above excepted, to lay before the legislatures of the several
States.
Article 10. The committee of the States,
or any nine of them shall be authorized to execute, in the recess
of Congress, such of the powers of Congress as the United States in
Congress assembled, by the consent of nine States, shall, from time
to time, think expedient to vest them with; provided that no power be
delegated to the said committee; for the exercise of which, by the
Articles of Confederation; the voice of nine States in the Congress of
the United States assembled is requisite.
Article 11. Canada, acceding to this
confederation and joining in the measures of the United States, shall
be admitted into, and entitled to all the advantages of this union; but
no other colony shall be admitted into the same unless such admission
be agreed to by nine States.
Article 12. All bills of credit emitted,
moneys borrowed, and debts contracted by, or under the authority of
Congress, before the assembling of the United States, in pursuance of
the present confederation, shall be deemed and considered as a charge
against the United States—for payment and satisfaction whereof, the
said United States and the public faith are hereby solemnly pledged.
Article 13. Every State shall abide by
the determinations of the United States in Congress assembled on all
questions which, by this confederation, are submitted to them. And the
articles of this confederation shall be inviolably observed by every
State, and the union shall be perpetual; nor shall any alteration at
any time hereafter be made in any of them, unless such alteration
be agreed to in a Congress of the United States, and be afterward
confirmed by the legislatures of every State.
And Whereas, It hath pleased the Great Governor of the World
to incline the hearts of the legislatures we respectively represent
in Congress, to approve of and to authorize us to ratify the said
Articles of Confederation and perpetual union. Know Ye that we, the
undersigned delegates, by virtue of the power and authority to us given
for that purpose, do, by these presents, in the name and in behalf of
our respective constituents, fully and entirely ratify and confirm each
and every of the said Articles of Confederation and perpetual Union,
and all and singular the matters and things therein contained. And
we do further solemnly plight and engage the faith of our respective
constituents, that they shall abide by the determinations of the United
States in Congress assembled on all questions which, by the said
confederation, are submitted to them. And that the articles thereof
shall be inviolably observed by the States we respectively represent,
and that the union shall be perpetual. In witness whereof we have
hereunto set our hands in Congress. Done at Philadelphia, in the State
of Pennsylvania, the 9th day of July, in the year of our Lord 1778, and
in the 3d year of the Independence of America.
CONSTITUTION OF THE UNITED STATES OF AMERICA — ARTICLE I. — ARTICLE II. — ARTICLE III. — ARTICLE IV. — ARTICLE V. — ARTICLE VI. — ARTICLE VII. — ARTICLES, — ARTICLE I. — ARTICLE II. — ARTICLE III. — ARTICLE IV. — ARTICLE V. — ARTICLE VI. — ARTICLE VII. — ARTICLE VIII. — ARTICLE IX. — ARTICLE X. — ARTICLE XI. — ARTICLE XII. — ARTICLE XIII.
We, the People of the United States, in order
to form a more perfect Union, establish justice, insure domestic
tranquillity, provide for the common defense, promote the general
welfare, and secure the blessings of liberty to ourselves and our
posterity, do ordain and establish this Constitution for the United
States of America:
Section 1. All the legislative powers
herein granted shall be vested in a Congress of the United States,
which shall consist of a Senate and House of Representatives.
Sec. 2. The House of Representatives
shall be composed of members chosen every second year by the people
of the several States; and the electors in each State shall have the
qualifications requisite for electors of the most numerous branch of
the State Legislature.
No person shall be a Representative who shall not have attained to
the age of twenty-five years, and been seven years a citizen of the
United States, and who shall not, when elected, be an inhabitant of
that State in which he shall be chosen.
Representatives and direct taxes shall be apportioned among the
several States which may be included within this Union, according to
their respective numbers, which shall be determined 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 Representatives shall not exceed
one for every thirty thousand, but each State shall have at least one
Representative; and until such enumeration shall be made, the State of
New Hampshire shall be entitled to choose three, Massachusetts eight,
Rhode Island and Providence Plantations one, Connecticut five, New York
six, New Jersey 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 thereof shall issue Writs of Election to fill such
vacancies.
The House of Representatives shall choose 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 expiration
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 Executive thereof may make
temporary appointments 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 inhabitant of that State for
which he shall be chosen.
The Vice-President of the United States shall be President of the
Senate, but shall have no vote, unless they be equally divided.
The Senate shall choose 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 purpose, 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 honor, trust or profit under the United States; but the party
convicted shall nevertheless be liable and subject to indictment,
trial, judgment and punishment, according to law.
Sec. 4. The times, places, and manner of
holding elections for Senators and Representatives, shall be prescribed
in each State by the Legislature thereof; but the Congress may, at any
time, by law make or alter such regulations, except as the places of
choosing Senators.
The Congress shall assemble at least once in every year, and such
meeting shall be on the first Monday in December, unless they shall by
law appoint a different day.
Sec. 5. Each House shall be the judge
of the elections, returns, and qualifications of its own members, and
a majority of each shall constitute a quorum to do business; but a
smaller number may adjourn from day to day, and may be authorized to
compel the attendance of absent 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 behavior, and with the concurrence of
two-thirds, expel a member.
Each House shall keep a Journal of its Proceedings, and from time to
time publish the same, excepting such parts as may, in their judgment,
require secrecy; and the yeas and nays of the members of either House
on any question shall, at the desire of one-fifth of those present, be
entered on the journal.
Neither House, during the session of Congress, shall, without the
consent of the other, adjourn for more than three days, nor to any
other place than that in which the two Houses shall be sitting.
Sec. 6. The Senators and Representatives
shall receive a compensation for their services, to be ascertained
by law and paid out of the treasury of the United States. They shall
in all cases, except treason, felony, and breach of the peace, be
privileged from arrest during their attendance at the session of their
respective Houses, and in going to and returning from the same; and for
any speech or debate in either House, they shall not be questioned in
any other place.
No Senator or Representative shall, during the time for which he was
elected, be appointed to any civil office under the authority of the
United States, which shall have been created, or the emoluments whereof
shall have been increased during such time, and no person holding any
office under the United States shall be a member of either House during
his continuance in office.
Sec. 7. All bills for raising revenue
shall originate in the House of Representatives; but the Senate may
propose or concur with amendments as on other bills.
Every bill which shall have passed the House of Representatives
and the Senate, shall, before it becomes a law, be presented to the
President of the United States: If he approve, he shall sign it; but if
not, he shall return it, with his objections, to that House in which it
shall have originated, who shall enter the objections at large on their
Journal, and proceed to reconsider it. If, after such reconsideration,
two-thirds of that House shall agree to pass the bill, it shall be
sent, together with the objections, to the other House, by which it
shall likewise be reconsidered, and 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 determined by yeas and nay, and the names of the
persons voting for and against the bill shall be entered on the Journal
of each House respectively. If any bill shall not be returned by the
President within ten days (Sundays excepted) 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 adjournment, prevent its
return; in which case it shall not be a law.
Every order, resolution, or vote to which the concurrence of the
Senate and House of Representatives may be necessary (except on a
question of adjournment) shall be presented to the President of the
United States; and before the same shall take effect, shall be approved
by him; or, being disapproved by him, shall be repassed 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 defense and general welfare of the
United States; but all Duties, Imposts and Excises 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 Indian tribes;
To establish an uniform rule of naturalization, and uniform laws on
the subject of bankruptcies 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 counterfeiting the securities and
current coin of the United States;
To establish post-offices and post-roads;
To promote the progress of science and useful arts, by securing for
limited times to authors and inventors the exclusive right to their
respective writings and discoveries;
To constitute tribunals inferior to the Supreme Court;
To define and punish piracies and felonies committed on the high
seas, and offenses 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 appropriation 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 regulation of the land and naval
forces;
To provide for calling forth the militia to execute the laws of the
Union, suppress insurrections, and repel invasions;
To provide for organizing, arming, and disciplining 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;
To exercise exclusive legislation, in all cases whatsoever, over
such district (not exceeding ten miles square) as may, by cession of
particular States, and the acceptance of Congress, become the Seat of
the Government of the United States, and to exercise like authority
over all places purchased by the consent of the Legislature of the
State in which the same shall be, for the erection of forts, magazines,
arsenals, dock-yards, and other needful buildings; and
To make all laws which shall be necessary and proper for carrying
into execution the foregoing powers, and all other powers vested by
this 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
require 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 enumeration hereinbefore directed to be
taken.
No tax or duty shall be laid on articles exported from any State.
No preference shall be given by any regulation of commerce or revenue
to the ports of one State over those of another; nor shall vessels
bound to or from one State, be obliged to enter, clear, or pay duties
in another.
No money shall be drawn from the treasury but in consequence of
appropriations made by law; and a regular statement and account of the
receipts and expenditures of all public money shall be published from
time to time.
No title of nobility shall be granted by the United States: And no
person holding any office of profit or trust under them shall, without
the consent of the Congress, accept of any present, 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 or
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
necessary for executing its inspection laws; and the net produce of
all duties and imposts, laid by any State on imports or exports, shall
be for the use of the treasury of the United States; and all such laws
shall be subject to the revision and control of the Congress.
No State shall, without the consent of Congress, lay any duty of
tonnage, keep troops, or ships of war in time of peace, enter into any
agreement or compact with another State, or with a foreign power, or
engage in war, unless actually invaded, or in such imminent danger as
will not admit of delay.
Section 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 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 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
of Representatives, open all the certificates, and the votes shall then
be counted. The person having the greatest number of votes shall be the
President, if such number be a majority of the whole number of electors
appointed; and if there be more than one who have such majority, and
have an equal number of votes, then the House of Representatives shall
immediately choose by ballot one of them for President; and if no
person have a majority, then from the five highest on the list the said
House shall, in like manner, choose the President. But, in choosing the
President, the votes shall be taken by States, the representation from
each State having one vote. A quorum for this purpose shall consist of
a member or members from two-thirds of the States, and a majority of
all the States shall be necessary to a choice. 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 choose from them by
ballot the Vice-President.[1])
The Congress may determine the time of choosing the electors, and the
day on which they shall give their votes; which day shall be the same
throughout the United States.
No person, except a natural born citizen, or a citizen of the United
States at the time of the adoption of this Constitution, shall be
eligible to the office of President; neither stall 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 to discharge the powers and duties
of the said office, the same shall devolve on the Vice-President;
and the Congress may by law provide for the case of removal, death,
resignation, or inability, both of the President and Vice-President,
declaring what officer shall then act as President; 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 increased nor diminished during
the period for which he shall have been elected; and he shall not
receive within that period any other emolument from the United States,
or any of them.
Before he enter on the execution of his office, he shall take the
following oath or affirmation:
“I do solemnly swear (or affirm) that I will
faithfully execute the office of President of the United States, and
will, to the best of my ability, preserve, protect, and
defend the Constitution of the United States.”
Sec. 2. The President shall be
Commander-in-Chief of the Army and Navy of the United States, and of
the militia of the several States when called into the actual service
of the United States; he may require the opinion, in writing, of the
principal officer in each of the Executive Departments, upon any
subject relating to the duties of their respective offices; and he
shall have power to grant reprieves and pardons for offenses against
the United States, except in cases of impeachment.
He shall have power, by and with the advice and consent of the
Senate, to make treaties, provided two-thirds of the Senate present
concur; and he shall nominate, and by and with the advice and consent
of the Senate, shall appoint Embassadors, other public Ministers and
Consuls, Judges of the Supreme Court, and all other officers of the
United States whose appointments are not herein otherwise provided for,
and which shall be established by law; but the Congress may by law vest
the appointment of such inferior officers as they think proper in the
President alone, in the Courts of Law, or in the 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
shall expire at the end of their next session.
Sec. 3. He shall, from time to time, give
to the Congress information of the state of the Union, and recommend
to their consideration such measures as he shall judge necessary and
expedient; he may, on extraordinary occasions, convene both Houses,
or either of them; and, in case of disagreement between them with
respect to the time of adjournment, he may adjourn them to such time as
he shall think proper; he shall receive Embassadors and other public
Ministers; he shall take care that the laws be faithfully executed, and
shall commission all the officers of the United States.
Sec. 4. The President, Vice-President,
and all Civil Officers of the United States, shall be removed from
office on impeachment for, and conviction of, Treason, Bribery, or
other high Crimes and Misdemeanors.
Section 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 Constitution,
the Laws of the United States, and Treaties made, or which shall be
made, under their authority; to all cases affecting Embassadors, other
public Ministers, and Consuls; to all cases of admiralty 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 lands under grants of
different States; and between a State, or the citizens thereof, and
foreign States, citizens, or subjects.
In all cases affecting Embassadors, other public Ministers and
Consuls, and those in which a State shall be a 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 crimes
shall have been committed; but when not committed 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 levying war against them, or adhering to their
enemies, giving them aid and comfort. No person shall be convicted of
treason unless on the testimony of two witnesses to the same overt act,
or on confession in open Court.
The Congress shall have power to declare the punishment of treason,
but no Attainder of Treason shall work corruption of blood, or
forfeiture, except during the life of the person attainted.
Section 1. Full faith and credit shall
be given in each State to the public acts, records, and judicial
proceedings of every other State. And the Congress may by general laws
prescribe the manner in which such acts, records, and proceedings shall
be proved, and the effect thereof.
Sec. 2. The citizens of each State shall
be entitled 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 justice, and be found in another State, shall, on
demand of the executive authority of the State from which he fled, be
delivered up, to be removed to the State having jurisdiction of the crime.
No person held to service or labor in one State, under the laws
thereof, escaping into another, shall, in consequence of any law or
regulation therein, be discharged from such service or labor, but shall
be delivered up on claim of the party to whom such service or labor may
be due.
Sec. 3. New States may be admitted by the
Congress into this Union; but no new State shall be formed or erected
within the jurisdiction of any other State; nor any State be formed
by the junction of two or more States or parts of States without the
consent of the Legislatures of the States concerned, as well as of the
Congress.
The Congress shall have power to dispose of and make all needful
rules and regulations respecting the territory or other property
belonging to the United States; and nothing in this Constitution shall
be so construed as to prejudice any claims of the United States, or 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 Legislature can not be
convened), against domestic violence.
The Congress, whenever two-thirds of both Houses shall deem it
necessary, shall propose amendments to the Constitution, or, on the
application of the Legislatures of two-thirds of the several States,
shall call a convention for proposing amendments, which, in either
case, shall be valid to all intents and purposes, as part of this
Constitution, when ratified by the Legislatures of three-fourths of
the several States, or by conventions in three-fourths thereof, as the
one or the other mode of ratification may be proposed by the Congress;
Provided, that no amendment which may be made prior to the year
one thousand eight hundred and eight shall in any manner affect 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.
All debts contracted and engagements entered into before the adoption
of this Constitution, shall be as valid against the United States,
under this Constitution, as under the Confederation.
This 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 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 mentioned, and the members
of the several State Legislatures, and all executive and judicial
officers, 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.
The ratification of the conventions of nine States shall be
sufficient for the establishment of this Constitution between the
States so ratifying the same.
Done in convention, by the unanimous
consent of the States present, the seventeenth day of September, in
the year of our Lord one thousand seven hundred and eighty-seven, and
of the Independence of the United States of America the twelfth. In
Witness whereof, we have hereunto subscribed our names.
GEO. WASHINGTON, Pres’t and Deputy from Virginia.
New Hampshire.
John Langdon,
Nicholas Gilman.
Massachusetts.
Nathaniel Gorham,
Rufus King.
Connecticut.
Wm. Saml. Johnson,
Roger Sherman.
New York.
Alexander Hamilton.
New Jersey.
Wil. Livingston,
David Brearley,
Wm. Paterson,
Jona. Dayton.
Pennsylvania.
B. Franklin,
Thomas Mifflin,
Robt. Morris,
Geo. Clymer,
Tho. Fitzsimons,
Jared Ingersoll,
James Wilson,
Gouv. Morris.
Delaware.
Geo. Read,
Gunning Bedford, Jun’r,
John Dickinson,
Richard Bassett.
Jaco. Broom,
Maryland.
James M’Henry,
Dan. of St. Thos. Jenifer.
Danl. Carroll,
Virginia.
John Blair,
James Madison, Jr.
North Carolina.
Wm. Blount,
Rich’d Dobbs Spaight.
Hu. Williamson,
South Carolina.
J. Rutledge,
Charles Cotesworth Pinckney,
Charles Pinckney,
Pierce Butler.
Georgia.
William Few,
Abr. Baldwin.
Attest:
WILLIAM JACKSON, Secretary.
THOMAS JEFFERSON.
In addition to, and amendment of, the
Constitution of the United States of America, proposed by Congress, and
ratified by the Legislatures of the several States, pursuant to the
fifth article of the original Constitution.
Congress shall make no law respecting an establishment of religion,
or prohibiting the free exercise thereof; or abridging the freedom
of speech or of the press; or the right of the people peaceably to
assemble, and to petition the Government for a redress of grievances.
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.
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 by law.
The right of the people to be secure in their persons, houses, papers,
and effects, against unreasonable searches and seizures, shall not be
violated, and no warrant shall issue but upon probable cause, supported
by oath or affirmation, and particularly describing the place to be
searched, and the persons or things to be seized.
No person shall be held to answer for a capital, or otherwise infamous
crime, unless on a presentment or indictment of a Grand Jury, except in
cases arising in the land or naval forces, or in the militia, when in
actual service in time of war or public danger; nor shall any person
be subject for the same offense to be twice put in jeopardy of life or
limb; nor shall be compelled in any criminal case to be a witness
against himself, nor be deprived of life, liberty, or property, without
due process of law; nor shall private property be taken for public use
without just compensation.
In all criminal prosecutions, the accused shall enjoy the right to a
speedy and public trial, by an impartial jury of the State and district
wherein the crime shall have been committed, which district shall have
been previously ascertained by law and to be informed of the nature and
cause of the accusation to be confronted with the witnesses against
him; to have compulsory process for obtaining witnesses in his favor,
and to have the assistance of counsel for his defense.
In suits at common law, where the value in controversy shall exceed
twenty dollars, the right of trial by jury shall be preserved, and no
fact tried by a jury shall be otherwise reexamined in any Court of the
United States, than according to the rules of the common law.
Excessive bail shall not be required, nor excessive fines imposed, nor
cruel and unusual punishments inflicted.
The enumeration in the Constitution of certain rights, shall not be
construed to deny or disparage others retained by the people.
The powers not delegated to the United States by the Constitution,
nor prohibited by it to the States, are reserved to the States
respectively, or to the people.
The judicial power of the United States shall not be construed to
extend to any suit in law or equity, commenced or prosecuted against
one of the United States by citizens of another State, or by citizens
or subjects of any foreign State.
The Electors shall meet in their respective States, and vote by ballot
for President and Vice-President, one of whom, at least, shall not
be an inhabitant of the same State with themselves; they shall name
in their ballot 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 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 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 certificates,
and the votes shall then be counted; The person having the greatest
number of votes for President shall be the President, if such number
be a majority of the whole number of Electors appointed; and if no
person have such majority, then from the persons having the highest
numbers, not exceeding three, on the list of those voted for as
President, the House of Representatives shall choose immediately by
ballot the President. But in choosing the President, the votes shall
be taken by States, the representation from each State having one; a
quorum for this shall consist of a member or members from two-thirds
of the States, and a majority of all the States shall be necessary
to a choice. And if the House of Representatives shall not choose a
President, whenever the right of choice shall devolve upon 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 such number be
a majority of the whole number of electors appointed; and if no person
have a majority, then, from the two highest numbers on the list, the
Senate shall choose the Vice-President; a quorum for the purpose shall
consist of two-thirds of the whole number of Senators, and a majority
of the whole number shall be necessary to a choice. But no person
constitutionally ineligible to the office of President, shall be
eligible to that of Vice-President of the United States.
“Section 1. Neither slavery nor
involuntary servitude, except as a punishment for crime, whereof the
party shall have been duly convicted, shall exist within the United
States, or any place subject to their jurisdiction.
“Section 2. Congress shall have power to
enforce this Article by appropriate legislation, approved February 1,
1863.”
The Constitution was adopted on the 17th of September,
1787, by the convention appointed in pursuance of the Resolution of the
Congress of the Confederation, of the 21st February, 1787, and ratified
by the conventions of the several States, as follows:
By
Convention of
Delaware
7th December,
1787
”
”
Pennsylvania
12th December,
1787
”
”
New Jersey
18th December,
1787
”
”
Georgia
2d January,
1788
”
”
Connecticut
9th January,
1788
”
”
Massachusetts
6th February,
1788
”
”
Maryland
28th April,
1788
”
”
South Carolina
28th May,
1788
”
”
New Hampshire
21st June,
1788
”
”
Virginia
26th June,
1788
”
”
New York
26th July,
1788
”
”
North Carolina
21st November,
1789
”
”
Rhode Island
29th May,
1790
The first ten of the Amendments were proposed on the 25th September,
1789, and ratified by the constitutional number of States on the
15th December, 1791; the eleventh, on the 8th January, 1798; and the
twelfth, on the 25th September, 1804; and the thirteenth, on the ——, 186-.
WASHINGTON’S ADDRESSES. — WASHINGTON’S ELECTION AS COMMANDER-IN-CHIEF. — WASHINGTON’S RESIGNATION OF HIS COMMISSION. — WASHINGTON’S INAUGURAL ADDRESS.
There were not many occasions during his public career that Washington
was called upon to exercise his abilities as a writer or an orator;
but when such occasion did occur, he always acquitted himself with
a degree of perspicuity and modesty which may be said to have been
characteristic of himself alone. The addresses which follow mark, as
it were, four distinct epochs in the history of this unexampled man:
the first, when he accepted the command of the armies by which our
national independence was achieved; the second, when he surrendered
his commission, after having driven the foes of freedom from his
beloved country; the third, when he assumed the responsible duties of
President, in which office his high qualities for civil government
were as conspicuous as had been his military talents in the field; and
fourth, when he resigned his great trust and took leave of the people
in his imperishable “Farewell Address,” an inestimable legacy, which
can not be too frequently conned by every American who values his
birthright.
On the 15th of June, 1775, Washington was unanimously elected by
Congress to “command all the Continental forces raised, or to be
raised, for the defense of American liberty,” and when he appeared in
his place the next day, the President of that body acquainted him with
his election, in a well-timed address, “and requested that he should
accept of that employment;” to which Washington replied as follows:
“Mr. President: Though I am truly
sensible of the high honor done me, in this appointment, yet I feel
great distress, from consciousness that my abilities and military
experience may not be equal to the extensive and important trust:
However, as the Congress desire it, I will enter upon the
momentous duty, and exert every power I possess in their service,
and for support of the glorious cause. I beg they will accept my
most cordial thanks for this distinguished testimony of their
approbation.
“But lest some unlucky event should happen, unfavorable to my
reputation, I beg it may be remembered, by every gentleman in the room,
that I, this day, declare, with the utmost sincerity, I do not think
myself equal to the command I am honored with.
“As to pay, sir, I beg leave to assure the Congress, that, as no
pecuniary consideration could have tempted me to accept this arduous
employment, at the expense of my domestic ease and happiness, I do not
wish to make any profit from it. I will keep an exact account of my
expenses. Those, I doubt not, they will discharge, and that is all I
desire.”
The War of the Revolution having terminated auspiciously, Washington
took leave of his officers and army at New York, and repaired to
Annapolis, Md., where Congress was then in session. On the 20th of
December, 1783, he transmitted a letter to that body, apprising them
of his arrival, with the intention of resigning his commission, and
desiring to know whether it would be most agreeable to receive it in
writing or at an audience. It was immediately resolved that a public
entertainment be given him on the 22d, and that he be admitted to an
audience on the 23d, at 12 o’clock. Accordingly, he attended at that
time, and, being seated, the President informed him that Congress were
prepared to receive his communications. Whereupon he arose, and spoke
as follows:
“Mr. President: The great events on
which my resignation depended having at length taken place, I have
now the honor of offering my sincere congratulations to Congress, and
of presenting myself before them, to surrender into their hands the
trust committed to me, and to claim the indulgence of retiring from the
service of my country.
“Happy in the confirmation of our independence and sovereignty, and
pleased with the opportunity afforded the United States of becoming
a respectable nation, I resign with satisfaction the appointment I
accepted with diffidence: a diffidence in my abilities to accomplish so
arduous a task; which, however, was superseded by a confidence in the
rectitude of our cause, the support of the supreme power of the Union,
and the patronage of Heaven.
“The successful termination of the war has verified the most
sanguine expectations; and my gratitude for the interposition of
Providence, and the assistance I have received from my countrymen,
increases with every review of the momentous contest.
“While I repeat my obligations to the army in general, I should
do injustice to my own feelings not to acknowledge, in this place,
the peculiar services and distinguished merits of the gentlemen who
have been attached to my person during the war. It was impossible the
choice of confidential officers to compose my family should have been
more fortunate. Permit me, sir, to recommend, in particular, those who
have continued in the service to the present moment, as worthy of the
favorable notice and patronage of Congress.
“I consider it an indispensable duty to close this last act of my
official life by commending the interests of our dearest country to the
protection of Almighty God, and those who have the superintendence of
them to his holy keeping.
“Having now finished the work assigned me, I retire from the great
theater of action, and bidding an affectionate farewell to this
august body, under whose orders I have so long acted, I here offer
my commission, and take my leave of all the employments of public
life.”
In accordance with previous arrangements, General Washington met
Congress in New York, on the 30th of April, 1789, for the purpose of
being inaugurated as the first President of the United States. The oath
of office having been administered by the Chancellor of the State of
New York, in presence of the Senate and House of Representatives, the
President delivered the following Inaugural Address:
“Fellow-citizens of the Senate and of the House of
Representatives:
“Among the vicissitudes incident to life, no event could have filled
me with greater anxieties than that of which the notification was
transmitted by your order, and received on the 14th day of the present
month. On the one hand, I was summoned by my country, whose voice I
can never hear but with veneration and love, from a retreat which I
had chosen with the fondest predilection, and, in my flattering hopes,
with an immutable decision, as the asylum of my declining years—a
retreat which was rendered every day more necessary, as well as more
dear to me, by the addition of habit to inclination, and of frequent
interruptions in my health, to the gradual waste committed on it by
time. On the other hand, the magnitude and difficulty of the trust to
which the voice of my country called me, being sufficient to awaken, in
the wisest and most experienced of her citizens, a distrustful scrutiny
into his qualifications, could not but overwhelm with despondency one
who, inheriting inferior endowments from nature, and unpracticed in
the duties of civil administration, ought to be peculiarly conscious
of his own deficiencies. In this conflict of emotion, all I dare aver
is, that it has been my faithful study to collect my duty from a just
appreciation of every circumstance by which it might be affected.
All I dare hope is, that if, in executing this task, I have been too
much swayed by a grateful remembrance of former instances, or by an
affectionate sensibility to this transcendent proof of the confidence
of my fellow-citizens, and have thence too little consulted my
incapacity as well as disinclination for the weighty and untried cares
before me, my error will be palliated by the motives which misled me,
and its consequences be judged by my country, with some share of the
partiality in which they originated.
“Such being the impressions under which I have, in obedience to the
public summons, repaired to the present station, it would be peculiarly
improper to omit, in this first official act, my fervent supplications
to that Almighty Being who rules over the universe—who presides in
the councils of nations—and whose providential aids can supply every
human defect, that his benediction may consecrate to the liberties and
happiness of the people of the United States—a government instituted
by themselves for these essential purposes—and may enable every
instrument employed in its administration to execute with success the
functions allotted to his charge. In tendering this homage to the
Great Author of every public and private good, I assure myself that
it expresses your sentiments not less than my own; nor those of my
fellow-citizens at large, less than either. No people can be bound to
acknowledge and adore the invisible hand which conducts the affairs
of men more than the people of the United States. Every step by which
they have advanced to the character of an independent nation seems
to have been distinguished by some token of providential agency; and
in the important revolution just accomplished in the system of their
united government, the tranquil deliberations, and voluntary consent
of so many distinct communities, from which the event has resulted,
can not be compared with the means by which most governments have
been established without some return of pious gratitude, along with
an humble anticipation of the future blessings which the past seem
to presage. These reflections, arising out of the present crisis,
have forced themselves too strongly on my mind to be suppressed. You
will join with me, I trust, in thinking that there are none under the
influence of which the proceedings of a new and free government can
more auspiciously commence.
“By the article establishing the executive department, it is made
the duty of the President ‘to recommend to your consideration such
measures as he shall judge necessary and expedient.’ The circumstances
under which I now meet you, will acquit me from not entering into that
subject farther than to refer to the great constitutional charter under
which you are assembled, and which, in defining your powers, designates
the objects to which your attention is to be given. It will be more
consistent with those circumstances, and far more congenial with the
feelings which actuate me, to substitute, in place of a recommendation
of particular measures, the tribute that is due to the talents, the
rectitude, and the patriotism which adorn the characters selected to
devise and adopt them. In these honorable qualifications I behold
the surest pledges that as, on one side, no local prejudices or
attachments, no separate views, nor party animosities, will misdirect
the comprehensive and equal eye which ought to watch over this great
assemblage of communities and interests; so, on another, that the
foundations of our national policy will be laid in the pure and
immutable principles of private morality; and the preëminence of free
government be exemplified by all the attributes which can win the
affections of its citizens, and command the respect of the world. I
dwell on this prospect with every satisfaction which an ardent love
for my country can inspire; since there is no truth more thoroughly
established than that there exists in the economy and course of nature
an indissoluble union between virtue and happiness—between duty and
advantage—between the genuine maxims of an honest and magnanimous
policy and the solid rewards of public prosperity and felicity; since
we ought to be no less persuaded that the propitious smiles of Heaven
can never be expected on a nation that disregards the eternal rules
of order and right, which Heaven itself has ordained; and since the
preservation of the sacred fire of liberty and the destiny of the
republican model of government are justly considered as deeply, perhaps
as finally, staked on the experiment intrusted to the hands of the
American people.
“Besides the ordinary objects submitted to your care, it will remain
with your judgment to decide how far an exercise of the occasional
power delegated by the fifth article of the Constitution is rendered
expedient at the present juncture by the nature of objections which
have been urged against the system, or by the degree of inquietude
which has given birth to them. Instead of undertaking particular
recommendations on this subject, in which I could be guided by no
lights derived from official opportunities, I shall again give way to
my entire confidence in your discernment and pursuit of the public
good; for, I assure myself, that while you carefully avoid every
alteration which might endanger the benefits of an united and effective
government, or which ought to await the future lessons of experience,
a reverence for the characteristic rights of freemen, and a regard for
the public harmony, will sufficiently influence your deliberations on
the question, how far the former can be more impregnably fortified, or
the latter be safely and advantageously promoted.
“To the preceding observations I have one to add, which will be
most properly addressed to the House of Representatives. It concerns
myself, and will, therefore, be as brief as possible: When I was
first honored with a call into the service of my country, then on the
eve of an arduous struggle for its liberties, the light in which I
contemplated my duty required that I should renounce every pecuniary
compensation. From this resolution I have in no instance departed, and,
being still under the impressions which produced it, I must decline, as
inapplicable to myself, any share in the personal emoluments which may
be indispensably included in a permanent provision for the executive
department, and must accordingly pray that the pecuniary estimates for
the station in which I am placed may, during my continuance in it, be
limited to such actual expenditures as the public good may be thought
to require.
“Having thus imparted to you my sentiments, as they have been
awakened by the occasion which brings us together, I shall take my
present leave, but not without resorting once more to the benign
Parent of the human race, in humble supplication, that since he has
been pleased to favor the American people with opportunities for
deliberating in perfect tranquillity, and dispositions for deciding
with unparalleled unanimity on a form of government for the security
of their Union and the advancement of their happiness, so his Divine
blessing may be equally conspicuous in the enlarged views, the
temperate consultations, and the wise measures, on which the success of
this government must depend.”
WASHINGTON’S FAREWELL ADDRESS.
Friends and Fellow-Citizens:
The period for a new election of a citizen to administer the Executive
Government of the United States being not far distant, and the time
actually arrived when your thoughts must be employed in designating the
person who is to be clothed with that important trust, it appears to
me proper, especially as it may conduce to a more distinct expression
of the public voice, that I should now apprise you of the resolution I
have formed, to decline being considered among the number of those out
of whom a choice is to be made.
I beg you, at the same time, to do me the justice to be assured that
this resolution has not been taken without a strict regard to all the
considerations appertaining to the relation which binds a dutiful
citizen to his country; and that, in withdrawing the tender of service,
which silence in my situation might imply, I am influenced by no
diminution of zeal for your future interest; no deficiency of grateful
respect for your past kindness, but am supported by a full conviction
that the step is compatible with both.
The acceptance of, and continuance hitherto in, the office to which
your suffrages have twice called me, have been a uniform sacrifice
of inclination to the opinion of duty, and to a deference for what
appeared to be your desire. I constantly hoped that it would have
been much earlier in my power, consistently with motives which I was
not at liberty to disregard, to return to that retirement from which
I had been reluctantly drawn. The strength of my inclination to do
this, previous to the last election, had even led to the preparation
of an address to declare it to you; but mature reflection on the then
perplexed and critical posture of our affairs with foreign nations, and
the unanimous advice of persons entitled to my confidence, impelled me
to abandon the idea.
I rejoice that the state of your concerns, external as well as
internal, no longer renders the pursuit of inclination incompatible
with the sentiment of duty or propriety; and am persuaded, whatever
partiality may be retained for my services, that, in the present
circumstances of our country, you will not disapprove my determination
to retire.
The impressions with which I undertook the arduous trust were
explained on the proper occasion. In the discharge of this trust, I
will only say that I have with good intentions contributed toward the
organization and administration of the Government the best exertions
of which a very fallible judgment was capable. Not unconscious in the
outset of the inferiority of my qualifications, experience, in my own
eyes—perhaps still more in the eyes of others—has strengthened the
motives to diffidence of myself; and every day the increasing weight
of years admonishes me more and more, that the shade of retirement
is as necessary to me as it will be welcome. Satisfied that if any
circumstances have given peculiar value to my services, they were
temporary, I have the consolation to believe that, while choice and
prudence invite me to quit the political scene, patriotism does not
forbid it.
In looking forward to the moment which is intended to terminate the
career of my public life, my feelings do not permit me to suspend the
deep acknowledgment of that debt of gratitude which I owe to my beloved
country for the many honors it has conferred upon me; still more for
the steadfast confidence with which it has supported me; and for the
opportunities I have thence enjoyed of manifesting my inviolable
attachment, by services faithful and persevering, though in usefulness
unequal to my zeal. If benefits have resulted to our country from
these services, let it always be remembered to your praise, and as an
instructive example in our annals that, under circumstances in which
the passions, agitated in every direction, were liable to mislead;
amid appearances sometimes dubious, vicissitudes of fortune often
discouraging; in situations in which, not unfrequently, want of success
has countenanced the spirit of criticism—the constancy of your support
was the essential prop of the efforts, and a guarantee of the plans,
by which they were effected. Profoundly penetrated with this idea, I
shall carry it with me to my grave, as a strong incitement to unceasing
vows, that Heaven may continue to you the choicest tokens of its
beneficence; that your union and brotherly affection may be perpetual;
that the free Constitution, which is the work of your hands, may be
sacredly maintained; that its administration, in every department,
may be stamped with wisdom and virtue; that, in fine, the happiness
of the people of these States, under the auspices of liberty, may be
made complete by so careful a preservation and so prudent a use of this
blessing as will acquire to them the glory of recommending it to the
applause, the affection, and the adoption of every nation which is yet
a stranger to it.
Here, perhaps, I ought to stop; but a solicitude for your welfare,
which can not end but with my life, and the apprehension of danger
natural to that solicitude, urge me, on an occasion like the
present, to offer to your solemn contemplation, and to recommend to
your frequent review, some sentiments which are the result of much
reflection, of no inconsiderable observation, and which appear to me
all-important to the permanency of our felicity as a people. These
will be afforded to you with the more freedom, as you can only see in
them the disinterested warnings of a parting friend, who can possibly
have no personal motive to bias his counsel; nor can I forget, as an
encouragement to it, your indulgent reception of my sentiments on a
former and not dissimilar occasion.
Interwoven as is the love of liberty with every ligament of your
hearts, no recommendation of mine is necessary to fortify or confirm
the attachment.
The unity of government which constitutes you one people, is also now
dear to you. It is justly so; for it is a main pillar in the edifice of
your real independence—the support of your tranquillity at home, your
peace abroad, of your safety, of your prosperity, of that very liberty
which you so highly prize. But as it is easy to foresee that, from
different causes and from different quarters, much pains will be taken,
many artifices employed, to weaken in your minds the conviction of this
truth; as this is the point in your political fortress against which
the batteries of internal and external enemies will be most constantly
and actively (though often covertly and insidiously) directed, it is of
infinite moment that you should properly estimate the immense value of
your National Union to your collective and individual happiness; that
you should cherish a cordial, habitual, and immovable attachment to it;
accustoming yourselves to think and speak of it as of the palladium of
your political safety and prosperity; watching for its preservation
with jealous anxiety; discountenancing whatever may suggest even a
suspicion that it can, in any event, be abandoned; and indignantly
frowning upon the first dawning of every attempt to alienate any
portion of our country from the rest, or to enfeeble the sacred ties
which now link together the various parts.
For this you have every inducement of sympathy and interest. Citizens
by birth or choice, of a common country, that country has a right
to concentrate your affections. The name of American, which
belongs to you in your national capacity, must always exalt the just
pride of patriotism, more than any appellation derived from local
discriminations. With slight shades of difference, you have the
same religion, manners, habits, and political principles. You have,
in a common cause, fought and triumphed together; the independence
and liberty you possess are the work of joint counsels and joint
efforts—of common dangers, sufferings and successes.
But these considerations, however powerfully they address themselves
to your sensibility, are greatly outweighed by those which apply more
immediately to your interest; here every portion of our country finds
the most commanding motives for carefully guarding and preserving the
union of the whole.
The North, in an unrestrained intercourse with the South, protected
by the equal laws of a common government, finds, in the productions
of the latter, great additional resources of maritime and commercial
enterprise, and precious materials of manufacturing industry. The
South, in the same intercourse, benefiting by the agency of the North,
sees its agriculture grow and its commerce expand. Turning partly into
its own channels the seamen of the North, it finds its particular
navigation invigorated; and while it contributes, in different ways,
to nourish and increase the general mass of the national navigation,
it looks forward to the protection of a maritime strength to which
itself is unequally adapted. The East, in like intercourse with the
West, already finds—and in the progressive improvement of interior
communication by land and water, will more and more find—a valuable
vent for the commodities which it brings from abroad or manufactures at
home. The West derives from the East supplies requisite to its growth
and comfort; and what is, perhaps, of still greater consequence, it
must, of necessity, owe the secure enjoyment of indispensable outlets
for its own productions, to the weight, influence, and the future
maritime strength of the Atlantic side of the Union, directed by an
indissoluble community of interest as one nation. Any other tenure by
which the West can hold this essential advantage, whether derived from
its own separate strength, or from an apostate and unnatural connection
with any foreign power, must be intrinsically precarious.
While, then, every part of our country thus feels an immediate and
particular interest in UNION, all the
parts combined can not fail to find, in the united mass of means and
efforts, greater strength, greater resource, proportionately greater
security from external danger, a less frequent interruption of their
peace by foreign nations; and what is of inestimable value, they must
derive from union an exemption from those broils and wars between
themselves, which so frequently afflict neighboring countries, not
tied together by the same government; which their own rivalship alone
would be sufficient to produce, but which opposite foreign alliances,
attachments, and intrigues would stimulate and embitter. Hence,
likewise, they will avoid the necessity of those overgrown military
establishments, which, under any form of government, are inauspicious
to liberty, and which are to be regarded as particularly hostile to
republican liberty; in this sense it is that your union ought to be
considered as a main prop of your liberty, and that the love of the one
ought to endear to you the preservation of the other.
These considerations speak a persuasive language to every reflecting
and virtuous mind, and exhibit the continuance of the Union as a
primary object of patriotic desire. Is there a doubt, whether a common
government can embrace so large a sphere? Let experience solve it.
To listen to mere speculation, in such a case, were criminal. We are
authorized to hope, that a proper organization of the whole, with
the auxiliary agency of governments for the respective subdivisions,
will afford a happy issue to the experiment. It is well worth a fair
and full experiment. With such powerful and obvious motives to Union,
affecting all parts of our country, while experience shall not have
demonstrated its impracticability, there will always be reason to
distrust the patriotism of those who, in any quarter, may endeavor to
weaken its bands.
In contemplating the causes which may disturb our Union, it occurs, as
a matter of serious concern, that any ground should have been furnished
for characterizing parties by geographical discriminations—Northern
and Southern, Atlantic and Western—whence designing men may endeavor
to excite a belief that there is a real difference of local interests
and views. One of the expedients of party to acquire influence within
particular districts, is to misrepresent the opinions and aims of other
districts. You can not shield yourself too much against the jealousies
and heart-burnings which spring from these misrepresentations; they
tend to render alien to each other those who ought to be bound together
by fraternal affection. The inhabitants of our western country have
lately had a useful lesson on this head; they have seen in the
negotiation of the Executive, and in the unanimous ratification by the
Senate, of the treaty with Spain, and in the universal satisfaction at
that event throughout the United States, a decisive proof how unfounded
were the suspicions propagated among them of a policy in the General
Government, and in the Atlantic States, unfriendly to their interests
in regard to the Mississippi; they have been witnesses to the formation
of two treaties—that with Great Britain, and that with Spain—which
secure to them every thing they could desire in respect to our foreign
relations, toward confirming their prosperity. Will it not be their
wisdom to rely for the preservation of these advantages on the Union
by which they were procured? Will they not henceforth be deaf to those
advisers, if such there be, who would sever them from their brethren,
and connect them with aliens?
To the efficacy and permanency of your Union, a Government for the
whole is indispensable. No alliance, however strict between the parts,
can be an adequate substitute; they must inevitably experience the
infractions and interruptions which all alliances, in all time, have
experienced. Sensible of this momentous truth, you have improved upon
your first essay, by the adoption of a Constitution of Government
better calculated than your former for an intimate Union, and for the
efficacious management of your common concerns. This Government, the
offspring of our own choice, uninfluenced and unawed, adopted upon
full investigation and mature deliberation, completely free in its
principles, in the distribution of its powers, uniting security with
energy, and containing within itself a provision for its own amendment,
has a just claim to your confidence and your support. Respect its
authority, compliance with its laws, acquiescence in its measures, are
duties enjoined by the fundamental maxims of true liberty. The basis of
our political systems, is the right of the people to make and to alter
their constitutions of Government; but the Constitution which at any
time exists, till changed by an explicit and authentic act of the whole
people, is sacredly obligatory upon all. The very idea of the power and
the right of the people to establish Government, presupposes the duty
of every individual to obey the established Government.
All obstructions to the execution of the laws, all combinations and
associations, under whatever plausible character, with the real design
to direct, control, counteract, or awe the regular deliberation
and action of the constituted authorities, are destructive to this
fundamental principle, and of fatal tendency. They serve to organize
faction, to give it an artificial and extraordinary force, to put in
the place of the delegated will of the nation the will of a party,
often a small but artful and enterprising minority of the community;
and, according to the alternate triumphs of different parties, to
make the public administration the mirror of the ill-concerted and
incongruous projects of faction, rather than the organ of consistent
and wholesome plans, digested by common counsels, and modified by
mutual interests.
However combinations and associations of the above description may now
and then answer popular ends, they are likely, in the course of time
and things, to become potent engines, by which cunning, ambitious, and
unprincipled men, will be enabled to subvert the power of the people,
and to usurp for themselves the reins of Government; destroying,
afterward, the very engines which had lifted them to unjust dominion.
Toward the preservation of your Government, and the permanency of
your present happy state, it is requisite, not only that you steadily
discountenance irregular oppositions, to its acknowledged authority,
but also that you resist, with care, the spirit of innovation upon
its principles, however specious the pretexts. One method of assault
may be to effect, in the forms’ Constitution, alterations which will
impair the energy of the system, and thus to undermine what can not be
directly overthrown. In all the changes to which you may be invited,
remember that time and habit are at least as necessary to fix the
true character of Governments as of other human institutions; that
experience is the surest standard by which to test the real tendency of
the existing constitution of a country; that facility in changes, upon
the credit of mere hypothesis and opinion, exposes to perpetual change,
from the endless variety of hypothesis and opinion; and remember,
especially, that for the efficient management of your common interests,
in a country so extensive as ours, a Government of as much vigor as
is consistent with the perfect security of liberty, is indispensable.
Liberty itself will find in such a Government, with powers properly
distributed and adjusted, its surest guardian. It is, indeed, little
else than a name, where the Government is too feeble to withstand the
enterprises of faction, to confine each member of the society within
the limits prescribed by the laws, and to maintain all in the secure
and tranquil enjoyment of the rights of person and property.
I have already intimated to you the danger of parties in the State,
with particular reference to the founding of them on geographical
discriminations. Let me now take a more comprehensive view, and warn
you, in the most solemn manner, against the baneful effects of the
spirit of party generally.
This spirit, unfortunately, is inseparable from our nature, having
its root in the strongest passions of the human mind. It exists under
different shapes, in all Governments, more or less stifled, controlled,
or repressed; but in those of the popular form it is seen in its
greatest rankness, and is truly their worst enemy.
The alternate domination of one faction over another, sharpened by the
spirit of revenge, natural to party dissension, which, in different
ages and countries, has perpetrated the most horrid enormities, is
itself a frightful despotism. But this leads, at length, to a more
formal and permanent despotism. The disorders and miseries which
result, gradually incline the minds of men to seek security and repose
in the absolute power of an individual; and, sooner or later, the
chief of some prevailing faction, more able or more fortunate than
his competitors, turns this disposition to the purposes of his own
elevation on the ruins of public liberty.
Without looking forward to an extremity of this kind, (which,
nevertheless, ought not to be entirely out of sight,) the common and
continual mischiefs of the spirit of party are sufficient to make it
the interest and duty of a wise people to discourage and restrain it.
It serves always to distract the public counsels, and enfeeble the
public administration. It agitates the community with ill-founded
jealousies and false alarms; kindles the animosities of one part
against another; foments, occasionally, riot and insurrection. It opens
the door to foreign influence and corruption, which find a facilitated
access to the Government itself, through the channels of party
passions. Thus the policy and the will of one country are subjected to
the policy and will of another.
There is an opinion that parties, in free countries, are useful checks
upon the administration of the Government, and serve to keep alive
the spirit of liberty. This, within certain limits, is probably true;
and in Governments of a monarchical cast, patriotism may look with
indulgence, if not with favor, upon the spirit of party. But in those
of the popular character, in Governments purely elective, it is a
spirit not to be encouraged. From their natural tendency, it is certain
there will always be enough of that spirit for every salutary purpose.
And there being constant danger of excess, the effort ought to be, by
force of public opinion, to mitigate and assuage it. A fire not to be
quenched, it demands a uniform vigilance to prevent its bursting into a
flame, lest, instead of warming, it should consume.
It is important, likewise, that the habits of thinking, in a
free country, should inspire caution in those intrusted with its
administration to confine themselves within their respective
constitutional spheres, avoiding in the exercise of one department, to
encroach upon another. The spirit of encroachment tends to consolidate
the powers of all the departments in one, and thus to create, whatever
the form of Government, a real despotism. A just estimate of that love
of power, and proneness to abuse it which predominates in the human
heart, is sufficient to satisfy us of the truth of this position. The
necessity of reciprocal checks in the exercise of political power,
by dividing and distributing it into different depositories, and
constituting each the guardian of public weal, against invasions by the
others, has been evinced by experiments, ancient and modern, some of
them in our own country, and under our own eyes. To preserve them must
be as necessary as to institute them. If, in the opinion of the people,
the distribution or modification of the constitutional powers be, in
any particular, wrong, let it be corrected by an amendment in the way
which the Constitution designates. But let there be no change by
usurpation; for though this, in one instance, may be the instrument
of good, it is the customary weapon by which free Governments are
destroyed. The precedent must always greatly overbalance, in permanent
evil, any partial or transient benefit which the use can, at any time,
yield.
Of all the dispositions and habits which lead to political prosperity,
religion and morality are indispensable supports. In vain would that
man claim the tribute of patriotism, who should labor to subvert these
great pillars of human happiness, these firmest props of the duties
of men and citizens. The mere politician, equally with the pious man,
ought to respect and to cherish them. A volume could not trace all
their connections with private and public felicity. Let it simply be
asked, Where is the security for property, for reputation, for life,
if the sense of religious obligation desert the oaths which are
the instruments of investigation in the courts of justice? And let us
with caution indulge the supposition, that morality can be maintained
without religion. Whatever may be conceded to the influence of refined
education on minds of peculiar structure, reason and experience both
forbid us to expect that national morality can prevail in exclusion of
religious principles.
It is substantially true, that virtue or morality is a necessary
spring of popular Government. The rule, indeed, extends with more or
less force to every species of free Government. Who, that is a sincere
friend to it, can look with indifference upon attempts to shake the
foundation of the fabric?
Promote, then, as an object of primary importance, institutions for the
general diffusion of knowledge. In proportion as the structure of a
Government gives force to public opinion, it is essential that public
opinion should be enlightened.
As a very important source of strength and security, cherish public
credit. One method to preserve it is to use it as sparingly as
possible; avoiding occasions of expense by cultivating peace, but
remembering also that timely disbursements, to prepare for danger,
frequently prevent much greater disbursements to repel it; avoiding,
likewise, the accumulation of debt, not only by shunning occasion of
expense, but by vigorous exertions in time of peace to discharge the
debts which unavoidable wars may have occasioned, not ungenerously
throwing upon posterity the burden which we ourselves ought to bear.
The execution of these maxims belong to your representatives, but it
is necessary that public opinion should coöperate. To facilitate to
them the performance of their duty, it is essential that you should
practically bear in mind, that toward the payment of debts there must
be revenue; that to have revenue there must be taxes; that no taxes
can be devised which are not more or less inconvenient and unpleasant;
that the intrinsic embarrassment inseparable from the selection of
the proper objects (which is always a choice of difficulties) ought
to be a decisive motive for a candid construction of the conduct of
the Government in making it, and for a spirit of acquiescence in the
measures for obtaining revenue, which the public exigencies may at that
time dictate.
Observe good faith and justice toward all nations; cultivate peace and
harmony with all; religion and morality enjoin this conduct: and can
it be that good policy does not equally enjoin it? It will be worthy
of a free, enlightened, and, at no distant period, a great nation,
to give to mankind the magnanimous and too novel example of a people
always guided by an exalted justice and benevolence. Who can doubt
that, in the course of time and things, the fruits of such a plan
would richly repay any temporary advantages which might be lost by a
steady adherence to it? Can it be that Providence has not connected
the permanent felicity of a nation with its virtue? The experiment, at
least, is recommended by every sentiment which ennobles human nature.
Alas! is it to be rendered impossible by its vices?
In the execution of such a plan, nothing is more essential than
that permanent inveterate antipathies against particular nations,
and passionate attachment for others, should be excluded; and that,
in place of them, just and amicable feelings toward all should be
cultivated. The nation which indulges toward another an habitual
hatred, or an habitual fondness, is, in some degree, a slave. It is a
slave to its animosity or its affection, either of which is sufficient
to lead it astray from its duty and its interest. Antipathy in one
nation against another, disposes each more readily to offer insult and
injury, to lay hold of slight causes of umbrage, and to be haughty and
intractable when accidental or trifling occasions of dispute occur.
Hence frequent collisions, obstinate, envenomed, and bloody contests.
The nation, prompted by ill-will and resentment, sometimes impels to
war the Government contrary to the best calculations of policy. The
Government sometimes participates in the national propensity, and
adopts, through passion, what reason would reject; at other times it
makes the animosity of the nation subservient to projects of hostility,
instigated by pride, ambition, and other sinister and pernicious
motives. The peace often, sometimes perhaps the liberty, of nations has
been the victim.
So, likewise, a passionate attachment of one nation to another produces
a variety of evils. Sympathy for the favorite nation, facilitating the
illusion of an imaginary common interest, in cases where no real common
interest exists, and infusing into one the enmities of the other,
betrays the former into a participation in the quarrels and wars of the
latter, without adequate inducement or justification. It leads also
to concessions to the favorite nation of privileges denied to others,
which is apt doubly to injure the nation making the concessions; by
unnecessarily parting with what ought to have been retained, and by
exciting jealousy, ill-will, and a disposition to retaliate in the
parties from whom equal privileges are withheld; and it gives to
ambitious, corrupted, or deluded citizens (who devote themselves to the
favorite nation) facility to betray, or sacrifice the interest of their
own country, without odium, sometimes even with popularity; gilding
with the appearance of virtuous sense of obligation, a commendable
deference for public opinion, or a laudable zeal for public good the
base or foolish compliances of ambition, corruption, or infatuation.
JAMES MADISON.
As avenues to foreign influence, in innumerable ways, such attachments
are particularly alarming to the truly enlightened and independent
patriot. How many opportunities do they afford to tamper with domestic
factions, to practice the art of seduction, to mislead public opinion,
to influence or awe the public councils! Such an attachment of a small
or weak, toward a great and powerful nation, dooms the former to be the
satellite of the latter.
Against the insidious wiles of foreign influence (I conjure you to
believe me, fellow-citizens) the jealousy of a free people ought
to be constantly awake; since history and experience prove
that foreign influence is one of the most baneful foes of Republican
Government. But that jealousy, to be useful, must be impartial, else
it becomes the instrument of the very influence to be avoided, instead
of a defense against it. Excessive partiality for one foreign nation,
and excessive dislike for another, cause those whom they actuate to see
danger only on one side, and serve to veil, and even second the arts
of influence on the other. Real patriots, who may resist the intrigues
of the favorite, are liable to become suspected and odious; while its
tools and dupes usurp the applause and confidence of the people to
surrender their interests.
The great rule of conduct for us, in regard to foreign nations, is,
in extending our commercial relations, to have with them as little
political connection as possible. So far as we have already formed
engagements, let them be fulfilled with perfect good faith. Here let us
stop.
Europe has a set of primary interests, which to us have none, or a very
remote relation. Hence she must be engaged in frequent controversies,
the causes of which are essentially foreign to our concerns. Hence,
therefore, it must be unwise in us to implicate ourselves, by
artificial ties, in the ordinary vicissitudes of her politics, or the
ordinary combinations and collisions of her friendships or enmities.
Our detached and distant situation invites and enables us to pursue
a different course. If we remain one people, under an efficient
Government, the period is not far off when we may defy material
injury from external annoyance; when we may take such an attitude
as will cause the neutrality we may at any time resolve upon, to
be scrupulously respected; when belligerent nations, under the
impossibility of making acquisitions upon us, will not lightly hazard
the giving us provocation; when we may choose peace or war, as our
interest, guided by justice, shall counsel.
Why forego the advantages of such a peculiar situation? Why quit our
own to stand upon foreign ground? Why, by interweaving our destiny with
that of any part of Europe, entangle our peace and prosperity in the
toils of European ambition, rivalship, interest, humor, or caprice?
It is our true policy to steer clear of permanent alliances with any
portion of the foreign world; so far, I mean, as we are now at liberty
to do it; for let me not be understood as capable of patronizing
infidelity to existing engagements. I hold the maxim no less applicable
to public than to private affairs, that honesty is always the best
policy. I repeat it, therefore, let those engagements be observed in
their genuine sense. But, in my opinion, it is unnecessary, and would
be unwise to extend them.
Taking care always to keep ourselves, by suitable establishments, on
a respectable defensive posture, we may safely trust to temporary
alliances for extraordinary emergencies.
Harmony and a liberal intercourse with all nations, are recommended
by policy, humanity, and interest. But even our commercial policy
should hold an equal and impartial hand; neither seeking nor granting
exclusive favors or preferences; consulting the natural course of
things; diffusing and diversifying, by gentle means, the streams of
commerce, but forcing nothing; establishing, with powers so disposed,
in order to give trade a stable course, to define the rights of our
merchants, and to enable the Government to support conventional rules
of intercourse, the best that present circumstances and mutual opinions
will permit, but temporary, and liable to be, from time to time,
abandoned or varied, as experience and circumstances shall dictate;
constantly keeping in view, that it is folly in one nation to look for
disinterested favors from another; that it must pay, with a portion
of its independence, for whatever it may accept under that character;
that by such acceptance it may place itself in the condition of having
given equivalents for nominal favors, and yet of being reproached with
ingratitude for not giving more. There can be no greater error than to
expect, or calculate upon, real favors from nation to nation. It is an
illusion which experience must cure, which a just pride ought to discard.
In offering to you, my countrymen, these counsels of an old and
affectionate friend, I dare not hope they will make the strong and
lasting impression I could wish—that they will control the usual
current of the passions, or prevent our nation from running the course
which has hitherto marked the destiny of nations—but if I may even
flatter myself that they may be productive of some partial benefit,
some occasional good, that they may now and then recur to moderate
the fury of party spirit, to warn against the mischief of foreign
intrigues, to guard against the impostures of pretended patriotism,
this hope will be a full recompense for the solicitude for your welfare
by which they have been dictated.
How far, in the discharge of my official duties, I have been guided
by the principles which have been delineated, the public records, and
other evidences of my conduct, must witness to you and the world. To
myself the assurance of my own conscience is, that I have at least
believed myself to be guided by them.
In relation to this still subsisting war in Europe, my proclamation of
the 22d of April, 1793, is the index to my plan. Sanctioned by your
approving voice, and by that of your Representatives in both Houses
of Congress, the spirit of that measure has continually governed me,
uninfluenced by any attempts to deter or divert me from it.
After deliberate examination, with the aid of the best lights I
could obtain, I was well satisfied that our country, under all the
circumstances of the case, had a right to take—and was bound in
duty and interest to take—a neutral position. Having taken it, I
determined, as far as should depend upon me, to maintain it with
moderation, perseverance, and firmness.
The considerations which respect the right to hold this conduct, it is
not necessary on this occasion to detail. I will only observe that,
according to my understanding of the matter, that right, so far from
being denied by any of the belligerent powers, has been virtually
admitted by all.
The duty of holding a neutral conduct may be inferred, without any
thing more, from the obligation which justice and humanity impose on
every nation, in cases in which it is free to act, to maintain
inviolate the relations of peace and amity toward other nations.
The inducements of interest, for observing that conduct, will best be
referred to your own reflections and experience. With me, a predominant
motive has been to endeavor to gain time to our country to settle
and mature its yet recent institutions, and to progress, without
interruption, to that degree of strength and consistency which is
necessary to give it, humanly speaking, the command of its own fortunes.
Though in reviewing the incidents of my administration, I am
unconscious of intentional error, I am, nevertheless, too sensible of
my defects not to think it probable that I may have committed many
errors. Whatever they may be, I fervently beseech the Almighty to
avert or mitigate the evils to which they may tend. I shall also carry
with me the hope, that my country will never cease to view them with
indulgence; and that, after forty-five years of my life dedicated to
its service with an upright zeal, the faults of incompetent abilities
will be consigned to oblivion, as myself must soon be to the mansions
of rest.
Relying on its kindness in this, as in other things, and actuated by
that fervent love toward it which is so natural to a man who views
in it the native soil of himself and his progenitors, I anticipate,
with pleasing expectation, that retreat in which I promise myself to
realize, without alloy, the sweet enjoyment of partaking, in the midst
of my fellow-citizens, the benign influence of good laws under a free
Government—the ever-favorite object of my heart—and the happy reward,
as I trust, of our mutual cares, labors, and dangers.
GEORGE WASHINGTON. United States, 17th September, 1796.
MISSOURI COMPROMISE OF 1820.
When Missouri applied for admission into the Union, a proposition
was started in Congress to prohibit the introduction of slavery into
the new State. This had the effect of arraying the South against the
North—the slaveholding against the non-slaveholding States—and the
whole subject of slavery became the exciting topic of debate throughout
the country. The question was finally settled by a Compromise,
which tolerated slavery in Missouri, but otherwise prohibited it in
all the territory of the United States north and west of the northern
limits of Arkansas.
As the principle then settled has often since been the prolific source
of much sectional controversy and angry debate, and as it is desirable
that every one should be familiar with the real provisions of
the act by which Missouri was admitted, we have concluded to insert
here so much of the law as is necessary to a full understanding of the
subject. All the sections, except the following, relate entirely to the
formation of the Missouri territory, in the usual form of territorial
bills:
“Sec. 8. That in all that territory ceded
by France to the United States, under the name of Louisiana, which
lies north of thirty-six degrees and thirty minutes north latitude,
not included within the limits of the State contemplated by this act,
slavery and involuntary servitude, otherwise than in the punishment of
crimes, whereof the parties shall be duly convicted, shall be, and is
hereby, forever prohibited. Provided always, That any person
escaping into the same, from whom labor or service is lawfully claimed,
in any State or Territory of the United States, such fugitive may be
lawfully reclaimed and conveyed to the person claiming his or her labor
or service as aforesaid.”
FUGITIVE SLAVE LAW OF 1850.
An Act to amend, and supplementary to, the
Act entitled, “An Act respecting Fugitives from Justice, and persons
escaping from the Service of their Masters,” and approved February 12, 1793.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the persons
who have been, or may hereafter be, appointed Commissioners, in virtue
of any Act of Congress, by the Circuit Courts of the United States, and
who, in consequence of such appointment, are authorized to exercise the
powers that any justice of the peace, or other magistrate of any of
the United States, may exercise in respect to offenders for any crime
or offense against the United States, by arresting, imprisoning, or
bailing the same, under, and by virtue of, the thirty-third section
of the act of the twenty-fourth of September, seventeen hundred and
eighty-nine, entitled, “An Act to establish the judicial courts of
the United States,” shall be, and are hereby, authorized and required
to exercise and discharge all the powers and duties conferred by this
Act.
Sec. 2. That the Superior Court of
each organized Territory of the United States shall have the same
power to appoint Commissioners to take acknowledgments of bail and
affidavits, and to take depositions of witnesses in civil causes, which
is now possessed by the Circuit Court of the United States; and all
Commissioners who shall hereafter be appointed for such purposes by the
Superior Court of any organized Territory of the United States shall
possess all the powers, and exercise all the duties, conferred by law
upon the Commissioners appointed by the Circuit Courts of the United
States for similar purposes, and shall moreover exercise and discharge
all the powers and duties conferred by this Act.
Sec. 3. That the Circuit Courts of the
United States, and the Superior Courts of each organized territory of
the United States, shall, from time to time, enlarge the number of
Commissioners with a view to afford reasonable facilities to reclaim
fugitives from labor, and to the prompt discharge of the duties imposed
by this Act.
Sec. 4. That the Commissioners above
named shall have concurrent jurisdiction with the Judges of the
Circuit and District Courts of the United States, in their respective
circuits and districts within the several States, and the Judges of
the Superior Courts of the territories severally and collectively; in
term time and vacation; and shall grant certificates to such claimants,
upon satisfactory proof being made, with authority to take and remove
such fugitives from service or labor, under the restrictions herein
contained, to the State or Territory from which such persons may have
escaped or fled.
Sec. 5. That it shall be the duty of
all marshals and deputy marshals to obey and execute all warrants and
precepts issued under the provisions of this act when to them directed;
and 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 one thousand dollars, to the use of such claimant,
on the motion of such claimant, by the Circuit or District Court for
the district of such marshal; and after the arrest of such fugitive,
by such marshal or his deputy, or while at any time in his custody,
under the provisions of this act, should such fugitive escape, whether
with or without the assent of such marshal or his deputy, such marshal
shall be liable, on his official bond, to be prosecuted, for the
benefit of such claimant, for the full value of the service or labor of
said fugitive in the State, Territory, or district whence he escaped;
and, the better to enable said Commissioners, when thus appointed, to
execute their duties faithfully and efficiently, in conformity with
the requirements of the Constitution of the United States, and 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 persons, from time to time, to execute all such warrants and other
process as may be issued by them in the lawful performance of their
respective duties; with authority to such Commissioners, or the persons
to be appointed by them, to execute process as aforesaid, to summon
and call to their aid the bystanders, or posse commitatus of
the proper county, when necessary to insure a faithful observance of
the clause of the Constitution referred to, in conformity with the
provisions of this Act; and all good citizens are commanded to aid and
assist in the prompt and efficient execution of this law whenever their
services may be required, as aforesaid, for that purpose; and said
warrants shall run, and be executed by said officers, anywhere in the
State within which they are issued.
Sec. 6. That when a person held to
service or labor in any State or Territory of the United States has
heretofore or shall hereafter escape into another State or Territory of
the United States, the person or persons to whom such service or labor
may be due, or his, her, or their agent or attorney, duly authorized
by power of attorney, in writing acknowledged and certified under
the seal of some legal officer or Court of the State or Territory in
which the same may be executed, may pursue and reclaim such fugitive
person, either by procuring a warrant from some one of the Courts,
Judges, or Commissioners aforesaid, of the proper circuit, district, or
county, for the apprehension of such fugitive from service or labor,
or by seizing and arresting such fugitive where the same can be done
without process, and by taking or causing such person to be taken
forthwith before such Court, Judge, or Commissioner, whose duty it
shall be to hear and determine the case of such claimant in a summary
manner; and, upon satisfactory proof being made, by deposition or
affidavit in writing, to be taken and certified by such Court, Judge,
or Commissioner, or by other satisfactory testimony, duly taken and
certified by some Court, Magistrate, Justice of the Peace, or other
legal officer authorized to administer an oath and take depositions
under the laws of the State or Territory from which such person owing
service or labor may have escaped, with a certificate of such
magistracy, or other authority as aforesaid, with the seal of the
proper Court or officer thereto attached, which seal shall be
sufficient to establish the competency of the proof, and with proof,
also by affidavit, of the identity of the person whose service or labor
is claimed to be due as aforesaid, that the person so arrested does
in fact owe service or labor to the person or persons claiming him
or her, in the State or Territory from which such fugitive may have
escaped as aforesaid, and that said person escaped, to make out and
deliver to said claimant, his or her agent or attorney, a certificate
setting forth the substantial facts as to the service or labor due
from such fugitive to the claimant, and of his or her escape from the
State or Territory in which such service or labor was due to the State
or Territory in which he or she was arrested, with authority to such
claimant, or his or her agent or attorney, to use such reasonable force
and restraint as may be necessary, under the circumstances of the case,
to take and remove such fugitive person back to the State or Territory
whence he or she may have escaped as aforesaid. In no trial or hearing
under this Act shall the testimony of such alleged fugitive be admitted
in evidence; and the certificates in this and the first [fourth]
section mentioned shall be conclusive of the right of the person or
persons in whose favor granted to remove such fugitive to the State
or Territory from which he escaped, and shall prevent all molestation
of such person or persons by any process issued by any Court, Judge,
Magistrate, or other person whomsoever.
Sec. 7. That any person who shall
knowingly and willingly obstruct, hinder, or prevent such claimant, his
agent or attorney, or any person or persons lawfully assisting him,
her, or them, from arresting such a fugitive from service or labor,
either with or without process as aforesaid, or shall rescue or attempt
to rescue such fugitive from service or labor from the custody of such
claimant, his or her agent or attorney, or other person or persons
lawfully assisting as aforesaid, when so arrested pursuant to the
authority herein given and declared, or shall aid, abet, or assist such
person so owing service or labor as aforesaid, directly or indirectly,
to escape from such claimant, his agent or attorney, or other person
or persons legally authorized as aforesaid; or shall harbor or conceal
such fugitive so as to prevent the discovery and arrest of such
person, after notice or knowledge of the fact that such person was a
fugitive from service or labor as aforesaid, shall, for either of said
offenses, 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 such 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, and shall moreover forfeit and pay,
by way of civil damages to the party injured by such illegal conduct,
the sum of one thousand dollars for each fugitive so lost as aforesaid,
to be recovered as aforesaid, to be recovered by action of debt in
any of the District or Territorial Courts aforesaid, within whose
jurisdiction the said offense may have been committed.
Sec. 8. That the marshals, 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 where such services
are rendered exclusively in the arrest, custody, and delivery of the
fugitive to the claimant, his or her agent or attorney, or where such
supposed fugitive may be discharged out of custody for the want of
sufficient proof as aforesaid, then such fees are to be paid in the
whole by such claimant, his agent or attorney; and in all cases where
the proceedings are before a Commissioner, he shall be entitled to a
fee of ten dollars in full for his services in each case, upon the
delivery of the said certificate to the claimant, his or her agent
or attorney; or a fee of five dollars in cases where the proof shall
not, in the opinion of such Commissioner, warrant such certificate
and delivery, inclusive of all services incident to such arrest and
examination, to be paid in either case by the claimant, his or her
agent or attorney. The person or persons authorized to execute the
process to be issued by such Commissioner for the arrest and detention
of fugitives from service or labor as aforesaid shall also be entitled
to a fee of five dollars each for each person he or they may arrest
and take before any such Commissioner, as aforesaid, at the instance
and request of such claimant, with such other fees as may be deemed
reasonable by such Commissioners for such other additional services as
may be necessarily performed by him or them, such as attending at the
examination, keeping the fugitive in custody, providing him with food
and lodging during his detention and until the final determination of
such Commissioner; and, in general, for performing such other duties
as may be required by such claimant, his or her attorney or agent, or
Commissioner 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 by such claimants, their agents or attorneys, whether such
supposed fugitives from service or labor be ordered to be delivered
to such claimants by the final determination of such Commissioner or
not.
Sec. 9. That, upon affidavit made by
the claimant of such fugitive, his agent or attorney, after such
certificate has been issued, that he has reason to apprehend that such
fugitive will be rescued by force from his or her possession before
he can be taken beyond the limits of the State in which the arrest is
made, it shall be the duty of the officer making the arrest to retain
such fugitive in his custody, and to remove him to the State whence he
fled, and there to deliver him to said claimant, his agent or attorney.
And, to this end, the officer aforesaid is hereby authorized and
required to employ so many persons as he may deem necessary to overcome
such force, and to retain them in his service so long as circumstances
may require. The said officer and his assistants, while so employed, to
receive the same compensation and to be allowed the same expenses as
are now allowed by law for transportation of criminals, to be certified
by the Judge of the district within which the arrest is made, and paid
out of the treasury of the United States.
Sec. 10. That when any person held to
service or labor in any State or Territory, or in the District of
Columbia, shall escape therefrom, the party to whom such service or
labor may be due, his, her, or their agent or attorney, may apply to
any court of record therein, or Judge thereof in vacation, and make
satisfactory proof to such court, or Judge in vacation, of the escape
aforesaid, and that the person escaping owed service or labor to such
party. Whereupon the court shall cause a record to be made of the
matters so proved, and also a general description of the person so
escaping, with such convenient certainty as may be; and a transcript of
such record authenticated by the attestation of the clerk and of the
seal of the said court, being produced in any other State, Territory,
or District in which the person so escaping may be found, and, being
exhibited to any Judge, Commissioner, or other officer authorized by
the law of the United States to cause persons escaping from service
or labor to be delivered up, shall be held and taken to be full and
conclusive evidence of the fact of the escape, and that the service
or labor of the person escaping is due to the party in such record
mentioned. And upon the production, by the said party, of other and
further evidence, if necessary, either oral or by affidavit, in
addition to what is contained in the said record of the identity of the
person escaping, he or she shall be delivered up to the claimant. And
the said Court, Commissioner, Judge, or other person authorized by this
Act to grant certificates to claimants of fugitives, shall, upon the
production of the record and other evidences aforesaid, grant to such
claimant a certificate of his right to take any such person identified
and proved to be owing service or labor as aforesaid, which shall
authorize such claimant to seize or arrest and transport such person
to the State or Territory from which he escaped: Provided,
That nothing herein contained shall be construed as requiring the
production of a transcript of such record as evidence as aforesaid.
But, in its absence, the claim shall be heard and determined upon other
satisfactory proofs competent in law.
Approved September 18, 1850.
[The above law was repealed by the 38th Congress, 1864.]
KANSAS AND NEBRASKA ACT OF 1854.
An Act to Organize the Territories of Nebraska and Kansas.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That all that part
of the territory of the United States included within the following
limits, except such portions thereof as are hereinafter expressly
exempted from the operations of this Act, to wit: beginning at a point
on the Missouri River where the fortieth parallel of north latitude
crosses the same; thence west on said parallel to the east boundary of
the Territory of Utah on the summit of the Rocky Mountains; thence on
said summit northward to the forty-ninth parallel of north latitude;
thence east on said parallel to the western boundary of the Territory
of Minnesota; thence southward on said boundary to the Missouri River;
thence down the main channel of said river to the place of beginning,
be, and the same is hereby, created into a temporary government by
the name of the Territory of Nebraska; and when admitted as a State
or States, the said Territory, or any portion of the same, shall be
received into the Union with or without slavery, as their Constitution
may prescribe at the time of their admission: Provided, That
nothing in this Act contained shall be construed to inhibit the
Government of the United States from dividing said Territory into two
or more Territories, in such manner and at such times as Congress
shall deem convenient and proper, or from attaching any portion of
said Territory to any other State or Territory of the United States:
Provided, further, That nothing in this Act contained shall be
construed to impair the rights of person or property now pertaining
to the Indians in said Territory, so long as such rights shall remain
unextinguished by treaty between the United States and such Indians,
or to include any Territory which, by treaty with any Indian tribe, is
not, without the consent of said tribe, to be included within the
Territorial limits or jurisdiction of any State or Territory; but all
such Territory shall be excepted out of the boundaries, and constitute
no part of the Territory of Nebraska, until said tribe shall signify
their assent to the President of the United States to be included
within the said Territory of Nebraska, or to affect the authority of
the Government of the United States to make any regulations respecting
such Indians, their lands, property or other rights, by treaty, law, or
otherwise, which it would have been competent to the Government to make
if this Act had never passed.
Sec. 2. That the executive power and
authority in and over said Territory of Nebraska shall be vested in
a Governor, who shall hold his office for four years, and until his
successor shall be appointed and qualified, unless sooner removed by
the President of the United States. The Governor shall reside within
said Territory, and shall be commander-in-chief of the militia thereof.
He may grant pardons and respites for offenses against the laws of said
Territory, and reprieves for offenses against the laws of the United
States, until the decision of the President can be made known thereon;
he shall commission all officers who shall be appointed to office under
the laws of the said Territory, and shall take care that the laws be
faithfully executed.
Sec. 3. That there shall be a Secretary
of said Territory, who shall reside therein, and hold his office for
five years, unless sooner removed by the President of the United
States; he shall record and preserve all the laws and proceedings of
the Legislative Assembly hereinafter constituted, and all the acts
and proceedings of the Governor in his executive department; he shall
transmit one copy of the laws and journals of the Legislative Assembly
within thirty days after the end of each session, and one copy of
the executive proceedings and official correspondence semi-annually,
on the first days of January and July in each year, to the President
of the United States, and two copies of the laws to the President of
the Senate and to the Speaker of the House of Representatives, to be
deposited in the libraries of Congress; and, in case of the death,
removal, resignation, or absence of the Governor from the Territory,
the Secretary shall be, and he is hereby duly authorized and required
to execute and perform all the powers and duties of the Governor during
such vacancy or absence, or until another Governor shall be duly
appointed and qualified to fill such vacancy.
Sec. 4. That the legislative power and
authority of said Territory shall be vested in the Governor and a
Legislative Assembly. The Legislative Assembly shall consist of a
Council and House of Representatives. The Council shall consist of
thirteen members, having the qualifications of voters, as hereinafter
prescribed, whose term of service shall continue two years. The House
of Representatives shall, at its first session, consist of twenty-six
members, possessing the same qualifications as prescribed for members
of the Council, and whose term of service shall continue one year. The
number of Representatives may be increased by the Legislative Assembly,
from time to time, in proportion to the increase of qualified voters:
Provided, That the whole number shall never exceed thirty-nine;
an apportionment shall be made as nearly equal as practicable, among
the several counties or districts, for the election of the Council and
Representatives, giving each section of the Territory representation in
the ratio of its qualified voters as nearly as may be. And the members
of the Council and of the House of Representatives shall reside in,
and be inhabitants of, the district or county, or counties, for which
they may be elected respectively. Previous to the first election,
the Governor shall cause a census or enumeration of the inhabitants
and qualified voters of the several counties and districts of the
Territory, to be taken by such persons and in such mode as the Governor
shall designate and appoint; and the persons so appointed shall receive
a reasonable compensation therefor. And the first election shall be
held at such times and places, and be conducted in such manner, both
as to the persons who shall superintend such election and the returns
thereof, as the Governor shall appoint and direct; and he shall at the
same time declare the number of members of the Council and House of
Representatives to which each of the counties or districts shall
be entitled under this Act. The persons having the highest number
of legal votes in each of said Council districts for members of the
Council, shall be declared by the Governor to be duly elected to the
Council; and the persons having the highest number of legal votes for
the House of Representatives, shall be declared by the Governor to be
duly elected members of said House: Provided, That, in case
two or more persons voted for shall have an equal number of votes,
and in case a vacancy shall otherwise occur in either branch of the
Legislative Assembly, the Governor shall order a new election; and the
persons thus elected to the Legislative Assembly shall meet at such
place and on such day as the Governor shall appoint; but thereafter,
the time, place, and manner of holding and conducting all elections
by the people, and the apportioning the representation in the several
counties or districts to the Council and House of Representatives,
according to the number of qualified voters, shall be prescribed by
law, as well as the day of the commencement of the regular sessions of
the Legislative Assembly: Provided, That no session in any one
year shall exceed the term of forty days, except the first session,
which may continue sixty days.
Sec. 5. That every free white male
inhabitant, above the age of twenty-one years, who shall be an actual
resident of said Territory, and shall possess the qualifications
hereinafter prescribed, shall be entitled to vote at the first
election, and shall be eligible to any office within the said
Territory; but the qualifications of voters, and of holding office, at
all subsequent elections, shall be such as shall be prescribed by the
Legislative Assembly: Provided, That the right of suffrage and
of holding office shall be exercised only by citizens of the United
States and those who shall have declared on oath their intention to
become such, and shall have taken an oath to support the Constitution
of the United States and the provisions of this act: And provided,
further, That no officer, soldier, seaman, or marine, or other
person in the army or navy of the United States, or attached to troops
in the service of the United States, shall be allowed to vote or hold
office in said Territory, by reason of being on service therein.
Sec. 6. That the legislative power of
the Territory shall extend to all rightful subjects of legislation
consistent with the Constitution of the United States and the
provisions of this Act; but no law shall be passed interfering with
the primary disposal of the soil; no tax shall be imposed upon the
property of the United States; nor shall the lands or other property
of non-residents be taxed higher than the lands or other property of
residents. Every bill which shall have passed the Council and House of
Representatives of said Territory, shall, before it become a law, be
presented to the Governor of the Territory; if he approve, he shall
sign it; but if not, he shall return it, with his objections, to
the House in which it originated, who shall enter the objections at
large on their journal, and proceed to reconsider it. If, after such
reconsideration, two-thirds of that House shall agree to pass the bill,
it shall be sent, together with the objections, to the other House, by
which it shall likewise be reconsidered, and 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 determined by yeas and nays, to be entered
on the journal of each House respectively. If any bill shall not be
returned by the Governor within three days (Sundays excepted) 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 Assembly, by adjournment,
prevent its return, in which case it shall not be a law.
Sec. 7. That all township, district, and
county officers, not herein otherwise provided for, shall be appointed
or elected, as the case may be, in such manner as shall be provided by
the Governor and Legislative Assembly of the Territory of Nebraska. The
Governor shall nominate, and, by and with the advice and consent of the
Legislative Council, appoint all officers not herein otherwise provided
for; and in the first instance the Governor alone may appoint all said
officers, who shall hold their offices until the end of the first
session of the Legislative Assembly; and shall lay off the necessary
districts for members of the Council and House of Representatives, and
all other officers.
Sec. 8. That no member of the Legislative
Assembly shall hold, or be appointed to any office which may have
been created, or the salary or emoluments of which shall have been
increased, while he was a member, during the term for which he was
elected, and for one year after the expiration of such term; but this
restriction shall not be applicable to members of the first Legislative
Assembly; and no person holding a commission or appointment under the
United States, except postmasters, shall be a member of the Legislative
Assembly, or shall hold any office under the government of said
Territory.
Sec. 9. That the judicial power of
said Territory shall be vested in a Supreme Court, District Courts,
Probate Courts, and in Justices of the Peace. The Supreme Court shall
consist of a Chief Justice and two Associate Justices, any two of
whom shall constitute a quorum, and who shall hold a term at the seat
of government of said Territory annually, and they shall hold their
offices during the period of four years, and until their successors
shall be appointed and qualified. The said Territory shall be divided
into three judicial districts, and a District Court shall be held in
each of said districts by one of the Justices of the Supreme Court, at
such times and places as may be prescribed by law; and the said Judges
shall, after their appointments, respectively reside in the district
which be assigned them. The jurisdiction of the several courts herein
provided for—both appellate and original—and that of the Probate Courts
and of Justices of the Peace, shall be limited by law: Provided,
That Justices of the Peace shall not have jurisdiction of the matter in
controversy when the title or boundaries of lands may be in dispute, or
where the debt or sum claimed shall exceed one hundred dollars; and the
said Supreme and District Courts, respectively, shall possess chancery
as well as common law jurisdiction. Each District Court, or the judge
thereof, shall appoint its clerk, who shall also be the register in
chancery, and shall keep his office at the place where the Court may be
held. Writs of error, bills of exception, and appeals, shall be allowed
in all cases from the final decisions of said District Courts to the
Supreme Court, under such regulations as may be prescribed by law; but
in no case removed to the Supreme Court shall trial by jury be allowed
by said Court. The Supreme Court, or the Justices thereof, shall
appoint its own clerk, and every clerk shall hold his office at the
pleasure of the Court for which he shall have been appointed. Writs of
error and appeals from the final decision of said Supreme Court shall
be allowed, and may be taken to the Supreme Court of the United States
in the same manner and under the same regulations as from the Circuit
Courts of the United States, where the value of the property, or the
amount in controversy, to be ascertained by the oath or affirmation of
either party, or other competent witness, shall exceed one thousand
dollars; except only that in all cases involving title to slaves, the
said writs of error or appeals shall be allowed and decided by the said
Supreme Court, without regard to the value of the matter, property, or
title in controversy; and except also that a writ of error or appeal
shall also be allowed to the Supreme Court of the United States, from
the decisions of the said Supreme Court created by this act, or of any
judge thereof, or of the District Courts created by this Act, or of
any judge thereof, upon any writ of habeas corpus, involving
the question of personal freedom: Provided, That nothing herein
contained shall be construed to apply to or affect provisions of the
“Act respecting fugitives from justice, and persons escaping from the
service of their masters,” (approved February 12, 1793,) and the “Act
to amend and supplementary to the aforesaid Act,” (approved September
18, 1850;) and each of the said District Courts shall have and exercise
the same jurisdiction in all cases arising under the Constitution and
laws of the United States as is vested in the Circuit and District
Courts of the United States; and the said Supreme and District Courts
of the said Territory, and the respective judges thereof, shall and may
grant writs of habeas corpus in all cases in which the same are
granted by the judges of the United States in the District of Columbia;
and the first six days of every term of said courts, or so much thereof
as shall be necessary, shall be appropriated to the trial of causes
arising under the said Constitution and laws; and writs of error and
appeal in all such cases shall be made to the Supreme Court of said
Territory, the same as in other cases. The said clerk shall receive, in
all such cases, the same fees which the clerks of the District Courts
of Utah Territory now receive for similar services.
Sec. 10. That the provisions of an
Act entitled “an Act respecting fugitives from justice, and persons
escaping from the service of their masters,” (approved February 12,
1793,) and the provisions of the Act entitled “an Act to amend, and
supplementary to the aforesaid Act,” (approved September 18, 1850,) be,
and the same are hereby, declared to extend to and be in full force
within the limits of said Territory of Nebraska.
Sec. 11. That there shall be appointed
an attorney for said Territory, who shall continue in office for four
years, and until his successor shall be appointed and qualified,
unless sooner removed by the President, and who shall receive the same
fees and salary as the attorney of the United States for the present
Territory of Utah. There shall also be a marshal for the Territory
appointed, who shall hold his office for four years, and until his
successor shall be appointed and qualified, unless sooner removed by
the President, and who shall execute all processes issuing from the
said courts when exercising their jurisdiction as Circuit and District
Courts of the United States; he shall perform the duties, be subject to
the same regulations and penalties, and be entitled to the same fees as
the marshal of the District Court of the United States for the present
Territory of Utah, and shall, in addition, be paid two hundred dollars
annually as a compensation for extra services.
Sec. 12. That the Governor, Secretary,
Chief Justice, and Associate Justices, Attorney, and Marshal,
shall be nominated, and—by and with the advice and consent of the
Senate—appointed by the President of the United States. The Governor
and Secretary, to be appointed as aforesaid, shall, before they act
as such, respectively take an oath or affirmation before the District
Judge or some Justice of the Peace in the limits of said Territory,
duly authorized to administer oaths and affirmations by the laws now in
force therein, or before the Chief Justice or some Associate Justice of
the Supreme Court of the United States, to support the Constitution of
the United States, and faithfully discharge the duties of their
respective offices, which said oaths, when so taken, shall be certified
by the person by whom the same shall have been taken; and such
certificates shall be received and recorded by the said Secretary
among the executive proceedings; and the Chief Justice, and Associate
Justices, and all other civil officers in said Territory, before they
act as such, shall take a like oath or affirmation before the said
Governor or Secretary, or some Judge or Justice of the Peace of the
Territory, who may be duly commissioned and qualified, which said
oath or affirmation shall be certified and transmitted by the person
taking the same to the Secretary, to be by him recorded as aforesaid;
and afterward, the like oath or affirmation shall be taken, certified,
and recorded in such manner and form as may be prescribed by law. The
Governor shall receive an annual salary of two thousand five hundred
dollars. The Chief Justice and Associate Justices shall receive an
annual salary of two thousand dollars. The Secretary shall receive an
annual salary of two thousand dollars. The said salaries shall be paid
quarter-yearly, from the dates of the respective appointments, at the
treasury of the United States; but no such payment shall be made until
said officers shall have entered upon the duties of their respective
appointments. The members of the Legislative Assembly shall be entitled
to receive three dollars each per day during their attendance at the
sessions thereof, and three dollars each for every twenty miles’ travel
in going to and returning from the said sessions, estimated according
to the nearest usually traveled route; and an additional allowance of
three dollars shall be paid to the presiding officer of each House for
each day he shall so preside. And a chief clerk, one assistant clerk,
a sergeant-at-arms, and door-keeper may be chosen for each House; and
the chief clerk shall receive four dollars per day, and the said other
officers three dollars per day, during the session of the Legislative
Assembly; but no other officer shall be paid by the United States:
Provided, That there shall be but one session of the Legislature
annually, unless, on an extraordinary occasion, the Governor shall
think proper to call the Legislature together. There shall be
appropriated, annually, the usual sum, to be expended by the Governor,
to defray the contingent expenses of the Territory, including the
salary of a Clerk of the Executive Department; and there shall also
be appropriated, annually, a sufficient sum, to be expended by the
Secretary of the Territory, and upon an estimate to be made by the
Secretary of the Treasury of the United States, to defray the expenses
of the Legislative Assembly, the printing of the laws, and other
incidental expenses; and the Governor and Secretary of the Territory
shall, in the disbursement of all moneys intrusted to them, be
governed solely by the instructions of the Secretary of the Treasury
of the United States, and shall, semi-annually, account to the said
Secretary for the manner in which the aforesaid moneys shall have been
expended; and no expenditure shall be made by said Legislative Assembly
for objects not specially authorized by the Acts of Congress making
the appropriations, nor beyond the sums thus appropriated for such
objects.
Sec. 13. That the Legislative Assembly
of the Territory of Nebraska shall hold its first session at such time
and place in said Territory as the Governor thereof shall appoint and
direct; and at said first session, or as soon thereafter as they shall
deem expedient, the Governor and Legislative Assembly shall proceed to
locate and establish the seat of government for said Territory at such
place as they may deem eligible; which place, however, shall thereafter
be subject to be changed by the said Governor and Legislative
Assembly.
Sec. 14. That a delegate to the House
of Representatives of the United States, to serve for the term of two
years, who shall be a citizen of the United States, may be elected by
the voters qualified to elect members of the Legislative Assembly, who
shall be entitled to the same rights and privileges as are exercised
and enjoyed by the delegates from the several other Territories of the
United States to the said House of Representatives; but the delegate
first elected shall hold his seat only during the term of the Congress
to which he shall be elected. The first election shall be held at such
time and places, and be conducted in such manner as the Governor shall
appoint and direct; and at all subsequent elections the times, places,
and manner of holding the elections shall be prescribed by law. The
person having the greatest number of votes shall be declared by the
Governor to be duly elected, and a certificate thereof shall be given
accordingly. That the Constitution, and all the laws of the United
States which are not locally inapplicable, shall have the same force
and effect within the said Territory of Nebraska as elsewhere within
the United States, except the eighth section of the act preparatory to
the admission of Missouri into the Union, (approved March 6, 1820,)
which, being inconsistent with the principle of non-intervention by
Congress with slavery in the States and Territories—as recognized by
the legislation of 1850, commonly called the Compromise Measures—is
hereby declared inoperative and void; it being the true intent and
meaning of this act not to legislate slavery into any Territory or
State, nor to exclude it therefrom, but to leave the people thereof
perfectly free to form and regulate their domestic institutions in
their own way, subject only to the Constitution of the United States:
Provided, That nothing herein contained shall be construed to
revive or put in force any law or regulation which may have existed
prior to the act of March 6, 1820, either protecting, establishing,
prohibiting, or abolishing slavery.
Sec. 15. That there shall hereafter be
appropriated, as has been customary for the territorial governments,
a sufficient amount, to be expended under the direction of the
said Governor of the Territory of Nebraska, not exceeding the sums
heretofore appropriated for similar objects, for the erection of
suitable public buildings at the seat of government, and for the
purchase of a library, to be kept at the seat of government, for the
use of the Governor, Legislative Assembly, Judges of the Supreme Court,
Secretary, Marshal, and Attorney of said Territory, and such other
persons, and under such regulations, as shall be prescribed by law.
Sec. 16. That when the lands in said
Territory shall be surveyed under the direction of the Government
of the United States, preparatory to bringing the same into market,
sections numbered sixteen and thirty-six, in each township in said
Territory, shall be, and the same are hereby, reserved for the purpose
of being applied to schools in said Territory, and in the States and
Territories hereafter to be erected out of the same.
Sec. 17. That, until otherwise provided
by law, the Governor of said Territory may define the judicial
districts of said Territory, and assign the judges who may be appointed
for said Territory to the several districts; and also appoint the times
and places for holding courts in the several counties or subdivisions
in each of said judicial districts by proclamation, to be issued by
him; but the Legislative Assembly, at their first or any subsequent
session, may organize, alter, or modify such judicial districts, and
assign the judges, and alter the times and places of holding the
courts, as to them shall seem proper and convenient.
Sec. 18. That all officers to be
appointed by the President, by and with the advice and consent of
the Senate, for the Territory of Nebraska, who, by virtue of the
provisions of any law now existing, or which may be enacted during the
present Congress, are required to give security for moneys that may be
intrusted with them for disbursements, shall give security, at such
time and place, and in such manner as the Secretary of Treasury may
prescribe.
JAMES MONROE.
Sec. 19. That all that part of the
territory of the United States included within the following limits,
except such portions thereof as are hereinafter expressly exempted from
the operations of this act, to wit: beginning at a point on the western
boundary of the State of Missouri, where the thirty-seventh parallel
of north latitude crosses the same; thence west on said parallel to
the eastern boundary of New Mexico; thence north on said boundary to
latitude thirty-eight; thence following said boundary westward to the
east boundary of the Territory of Utah, on the summit of the Rocky
Mountains; thence northward on said summit to the fortieth parallel
of latitude; thence east on said parallel to the western boundary
of the State of Missouri; thence south with the western boundary of
said State to the place of beginning, be, and the same is hereby,
created into a temporary government by the name of the Territory of
Kansas; and when admitted as a State or States, the said Territory,
or any portion of the same, shall be received into the Union with or
without slavery, as the Constitution may prescribe at the time of
their admission: Provided, That nothing in this Act contained
shall be construed to inhibit the Government of the United States from
dividing said Territory into two or more Territories, in such manner
and at such times as Congress shall deem convenient and proper, or
from attaching any portion of said Territory to any other State or
Territory of the United States: Provided, further, That nothing
in this Act contained shall be so construed as to impair the rights of
persons or property now pertaining to the Indians in said Territory,
so long as such rights shall remain unextinguished by treaty between
the United States and such Indians, or to include any Territory which,
by treaty with any Indian tribe, is not, without the consent of said
tribe, to be included within the territorial limits or jurisdiction of
any State or Territory; but all such territory shall be excepted out
of the boundaries, and constitute no part of the Territory of Kansas,
until said tribe shall signify their assent to the President of the
United States to be included within the said Territory of Kansas, or
to affect the authority of the Government of the United States to make
any regulation respecting such Indians, their lands, property, or
other rights, by treaty, law, or otherwise, which it would have been
competent to the government to make if this act had never passed.
[With the single exception of the location of the seat of government
for Kansas at Fort Leavenworth, provided for in section 31, the ensuing
sixteen sections, relative to the organization and government of the
Territory, are precisely similar to the sections already recited,
providing for the government of Nebraska Territory. The final section
of the act, which has a general reference to both Territories, is as
follows:]
Sec. 37.And be it further
enacted, That all treaties, laws, and other engagements made by the
Government of the United States with the Indian tribes inhabiting the
Territories embraced within this act, shall be faithfully and rigidly
observed, notwithstanding any thing contained in this act; and that the
existing agencies and superintendencies of said Indians be continued,
with the same powers and duties which are now prescribed by law, except
that the President of the United States may, at his discretion, change
the location of the office of superintendent.
ORDINANCE OF 1787.
IN CONGRESS, JULY 13, 1787.
An Ordinance for the government of the territory of the
United States, north-west of the river Ohio.
Be it ordained, by the United States in Congress assembled, that
the said Territory, for the purpose of temporary government, be one
district; subject, however, to be divided into two districts, as future
circumstances may, in the opinion of Congress, make it expedient.
Be it ordained, by the authority aforesaid, that the estates
both of resident and non-resident proprietors in the said Territory,
dying intestate, shall descend to, and be distributed among their
children, and the descendants of a deceased child in equal parts; the
descendants of a deceased child or grand-child, to take the share of
their deceased parent, in equal parts, among them, and where there
shall be no children or descendants, then in equal parts to the next
of kin, in equal degree; and among collaterals, the children of a
deceased brother or sister of the intestate shall have, in equal parts,
among them, their deceased parent’s share; and there shall in no case
be a distinction between kindred of the whole and half blood; saving
in all cases to the widow of the intestate her third part of the real
estate for life, and one-third part of the personal estate; and this
law relative to descents and dower shall remain in full force until
altered by the Legislature of the district. And until the Governor and
judges shall adopt laws as hereinafter mentioned, estates in the said
territory may be devised or bequeathed by wills in writing, signed and
sealed by him or her, in whom the estate may be (being of full age),
and attested by three witnesses; and real estates may be conveyed by
lease or release, or bargain and sale, signed, sealed, and delivered by
the person, being of full age, in whom the estate may, and attested by
two witnesses, provided such wills be duly proved, and such conveyances
be acknowledged, or the execution thereof duly proved, and be recorded
within one year after proper magistrates, courts, and registers shall
be appointed for that purpose, and personal property may be transferred
by delivery, saving, however, to the French and Canadian inhabitants,
and other settlers of the Kaskaskias, Saint Vincents, and the
neighboring villages, who have heretofore professed themselves citizens
of Virginia, their laws and customs now in force among them, relative
to descent and conveyance of property.
Be it ordained, by the authority aforesaid, that there shall
be appointed, from time to time, by Congress, a Governor, whose
commission shall continue in force for the term of three years, unless
sooner revoked by Congress; he shall reside in the district and have a
freehold estate therein, in one thousand acres of land, while in the
exercise of his office. There shall be appointed, from time to time,
by Congress, a Secretary, whose commission shall continue in force for
four years, unless sooner revoked; he shall reside therein, and have
a freehold estate therein, in five hundred acres of land, while in
the exercise of his office; it shall be his duty to keep and preserve
the acts and laws passed by the Legislature, and the public records
of the district, and the proceedings of the Governor in his executive
department, and transmit authentic copies of such acts and proceedings,
every six months, to the Secretary of Congress. There shall also be
appointed a court, to consist of three judges, any two of whom to form
a court, who shall have a common law jurisdiction, and reside in the
district, and have each therein a freehold estate in five hundred acres
of land, while in the exercise of their offices; and their commissions
shall continue in force during good behavior.
The Governor and judges, or a majority of them, shall adopt and publish
in the district such laws of the original States, criminal and civil,
as may be necessary, and best suited to the circumstances of the
district, and report them to Congress, from time to time, which laws
shall be in force in the district until the organization of the General
Assembly therein, unless disapproved by Congress; but afterward, the
Legislature shall have authority to alter them as they shall think fit.
The Governor, for the time being, shall be commander-in-chief of the
militia, appoint and commission all officers in the same, below the
rank of general officers. All general officers shall be appointed and
commissioned by Congress.
Previous to the organization of the General Assembly, the Governor
shall appoint such magistrates and other civil officers, in each
county or township, as he shall find necessary for the preservation
of the peace and good order in the same. After the General Assembly
shall be organized, the powers and duties of magistrates and other
civil officers shall be regulated and defined by the said Assembly;
but all magistrates and other civil officers, not herein otherwise
directed, shall, during the continuance of this temporary government,
be appointed by the Governor.
For the prevention of crimes and injuries, the laws to be adopted
or made, shall have force in all parts of the district, and for the
execution of process, criminal and civil, the Governor shall make
proper divisions thereof; and shall proceed, from time to time, as
circumstances may require, to lay out the parts of the district in
which the Indian titles shall have been extinguished, into counties and
townships, subject, however, to such alterations as may hereafter be
made by the Legislature.
So soon as there shall be five thousand free male inhabitants,
of full age, in the district, upon giving proof thereof to the
Governor, they shall receive authority, with time and place, to elect
representatives from their counties or townships, to represent them
in the General Assembly; Provided, That for every five hundred
free male inhabitants there shall be one representative, and so on
progressively with the number of free male inhabitants, shall the
right of representation increase, until the number of representatives
shall amount to twenty-five, after which the number and proportion of
representatives shall be regulated by the Legislature; Provided,
That no person be eligible or qualified to act as a representative,
unless he shall have been a citizen of one of the United States three
years and be a resident in the district, or unless he shall have
resided in the district three years, and in either case shall likewise
hold in his own right, in fee simple, two hundred acres of land within
the same; Provided, also, that a freehold in fifty acres of land
in the district, having been a citizen of one of the States, and being
resident in the district, or the like freehold and two years’ residence
in the district, shall be necessary to qualify a man as an elector of a
representative.
The representative thus elected, shall serve for the term of two years,
and in case of the death of a representative, or removal from office,
the Governor shall issue a writ to the county or township for which he
was a member, to elect another in his stead, to serve for the residue
of the term.
The General Assembly, or Legislature, shall consist of the Governor,
Legislative Council, and a House of Representatives. The Legislative
Council shall consist of five members, to continue in office five
years, unless sooner removed by Congress, any three of whom to be
a quorum, and the members of the Council, shall be nominated and
appointed in the following manner, to wit: as soon as representatives
shall be elected, the Governor shall appoint a time and place for them
to meet together, and, when met, they shall nominate ten persons,
residents in the district, and each possessed of a freehold in five
hundred acres of land, and return their names to Congress, five of
whom Congress shall appoint and commission to serve as aforesaid; and
whenever a vacancy shall happen in the Council, by death or removal
from office, the House of Representatives shall nominate two persons
qualified as aforesaid, for each vacancy, and return their names to
Congress, one of whom Congress shall appoint and commission for the
residue of the term; and every five years, four months at least before
the expiration of the time of service of the Council, the said House
shall nominate ten persons qualified as aforesaid, and return their
names to Congress, five of whom Congress shall appoint and commission
to serve as members of the Council five years, unless sooner removed.
And the Governor, Legislative Council, and House of Representatives,
shall have authority to make laws in all cases for the good government
of the district, not repugnant to the principles and articles in this
ordinance established and declared. And all bills having passed by
a majority in the House, and by a majority in the Council, shall be
referred to the Governor for his assent; but no bill or legislative act
whatever, shall be of any force without his assent. The Governor shall
have power to convene, prorogue, and dissolve the assembly, when in his
opinion it shall be expedient.
The Governor, Judges, Legislative Council, Secretary, and such other
officers as Congress shall appoint in the district, shall take an oath
or affirmation of fidelity, and of office—the Governor before the
President of Congress, and all other officers before the Governor. As
soon as a Legislature shall be formed in the District, the Council and
House, assembled in one room, shall have authority, by joint ballot,
to elect a delegate to Congress, who shall have a seat in Congress,
with the right of debating, but not of voting, during this temporary
government.
And for extending the fundamental principles of civil and religious
liberty, which form the basis whereon these republics, their laws and
constitutions, are elected; to fix and establish those principles
as the basis of all laws, constitutions, and governments, whichFOREVERhereafter shall be formed
in the said Territory; to provide also for the establishment of
States, and for their admission to a share in the Federal Council on an
equal footing with the original States, at as early periods as may be
consistent with the general interest:
It is hereby ordained and declared, by the authority
aforesaid, that the following articles shall be considered as articles
of compact between the original States and the people and States in
the said Territory, and forever remain unalterable, unless by common
consent; viz.:
Article I. No person, demeaning himself
in a peaceable and orderly manner, shall ever be molested on account of
his mode of worship or religious sentiments in the said Territory.
Art. II. The inhabitants of the said
Territory shall always be entitled to the benefit of the writ of
habeas corpus and of the trial by jury; of a proportionate
representation of the people in the Legislature, and of judicial
proceedings according to the course of the common law; all persons
shall be bailable unless for capital offenses, where the proof shall
be evident, or the presumption great; all fines shall be moderate, and
no cruel or unusual punishments shall be inflicted; no man shall be
deprived of his liberty or property but by the judgment of his peers or
the law of the land; and should the public exigencies make it necessary
for the common preservation to take any person’s property, or to demand
his particular services, full compensation shall be made for the same;
and, in the just preservation of rights and property, it is understood
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, bona fide, and, without
fraud, previously formed.
Art. III. Religion, morality, and
knowledge being necessary to good government and the happiness
of mankind, schools and the means of education shall forever be
encouraged. The utmost good faith shall always be observed toward
the Indians; their lands and property shall never be taken from them
without their consent; and in their property, rights, and liberty, they
never shall be invaded or disturbed, unless in just and lawful wars
authorized by Congress; but laws founded in justice and humanity shall,
from time to time, be made, for preventing wrongs being done to them,
and for preserving peace and friendship with them.
Art. IV. The said Territory, and the
States which may be formed therein, shall forever remain a part of this
Confederacy of the United States of America; subject to the Articles of
Confederation,[2]
and to such alterations therein as shall be constitutionally made; and
to all the acts and ordinances of the United States in Congress
assembled, conformable thereto. The inhabitants and settlers in
the said Territory shall be subject to pay a part of the Federal
debts contracted, or to be contracted, and a proportional part of
the expenses of government, to be apportioned on them by Congress,
according to the same common rule and measure by which apportionments
thereof shall be made on the other States; and the taxes for paying
their proportion shall be laid and levied by the authority and
direction of the Legislatures of the District, or Districts, or new
States, as in the original States, within the time agreed upon by
the United States in Congress assembled. The Legislatures of those
Districts, or new States, shall never interfere with the primary
disposal of the soil by the United States in Congress assembled, nor
with any regulations Congress may find necessary for securing the
title in such soil to the bona fide purchasers. No tax shall
be imposed on lands the property of the United States; and in no case
shall non-resident proprietors be taxed higher than residents. The
navigable waters leading into the Mississippi and St. Lawrence, and
the carrying places between the same, shall be common highways, and
forever free, as well to the inhabitants of the said Territory as to
the citizens of the United States, and those of any other States that
may be admitted into the confederacy, without any tax, impost, or duty
therefor.
Art. V. There shall be formed in the
said Territory not less than three, nor more than five States; and the
boundaries of the States, as soon as Virginia shall alter her act of
session and consent to the same, shall become fixed and established as
follows, to wit: The western State shall be bounded by the Mississippi,
the Ohio, and Wabash Rivers; a direct line drawn from the Wabash and
Post Vincents due north to the territorial line between the United
States and Canada, and by the said territorial line to the Lake of the
Woods and Mississippi. The middle State shall be bounded by the said
direct line, the Wabash from Post Vincents to the Ohio, by the Ohio, by
direct line drawn due north from the mouth of the Great Miami to the
said territorial line, and by said territorial line. The eastern
State shall be bounded by the last mentioned direct line, the Ohio,
Pennsylvania, and the said territorial line; Provided, however,
and it is further understood and declared, that the boundaries of these
three States shall be subject so far to be altered, and, if Congress
shall hereafter find it expedient, they shall have authority to form
one or two States in that part of the said Territory which lies north
of an east and west line drawn through the southerly bend or extreme
of Lake Michigan; and whenever any of the said States shall have sixty
thousand free inhabitants therein, such States shall be admitted, by
their delegates, into the Congress of the United States, on an equal
footing with the original States in all respects whatsoever; and shall
be at liberty to form a permanent constitution and State government;
Provided, the constitution and government so to be formed shall
be republican, and in conformity to the principles contained in these
articles; and, so far as it can be consistent with the general interest
of the confederacy, such admission shall be allowed at an earlier
period, and when there may be a less number of free inhabitants in the
State than sixty thousand.
Art. VI. There shall be neither slavery
nor involuntary servitude in the said Territory, otherwise than in the
punishment of crimes whereof the party shall have been duly convicted;
Provided, always, that any person escaping into the same, from
whom labor or service is lawfully claimed in any of the original
States, such fugitive may be lawfully reclaimed and conveyed to the
person claiming his or her labor or service as aforesaid.
Be it ordained, by the authority aforesaid, that the
resolutions of the 23d of April, 1784, relative to the subject of this
ordinance, be, and the same are hereby repealed, and declared null and
void.
Note.—By this
ordinance, Virginia ceded to the United States the territory now
composing the States of Ohio, Indiana, Illinois, Wisconsin, and
Michigan, making the ordinance the fundamental law of these States.
AMNESTY PROCLAMATION.
By the President of the United Slates of America:
Whereas, The President of the United
States, on the 8th day of December, 1863, and on the 26th day of March,
1864, did, with the object of suppressing the existing rebellion,
to induce all persons to return to their loyalty and to restore the
authority of the United States, issued Proclamations offering amnesty
and pardon to certain persons who had directly or by implication
engaged in said rebellion, and
Whereas, Many persons who had so engaged
in the said rebellion, have, since the issue of said Proclamation,
failed or neglected to take the benefits offered thereby; and whereas,
many persons who have been justly deprived of all claim to amnesty
and pardon thereunder by reason of their participation directly or by
implication in said rebellion, and continued hostile to the Government
of the United States since the date of said Proclamation, now desire to
apply for and obtain amnesty and pardon; to the end, therefore, that
the authority of the Government of the United States may be restored,
and that peace, order, and freedom may be established.
I, Andrew Johnson, President of the United States, do proclaim
and declare that I hereby grant to all persons who have directly
or indirectly participated in the existing rebellion, except as
hereinafter excepted, amnesty and pardon, with the restoration of all
the rights of property, except as to slaves, except in cases where
legal proceedings under the laws of the United States, providing for
the confiscation of property of persons engaged in the rebellion,
have been instituted; but on the condition, nevertheless, that every
such person shall take and subscribe the following oath, which shall
be registered for permanent preservation, and shall be the tenor and
effect of the following, to wit:
“I do solemnly swear or affirm, in the presence of Almighty God, that
I will henceforth faithfully 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 slavery, so help me God.”
The following classes of persons are excepted from the benefits of this
proclamation:
First—All who are, or shall have been, pretended civil or
diplomatic officers or otherwise, domestic or foreign agents of the
pretended Confederate Government.
Second—All who left judicial stations under the United States
to aid the rebellion.
Third—All who shall have been military or naval officers of
said pretended Confederate Government above the rank of Colonel in the
Army, or Lieutenant in the Navy.
Fourth—All who left seats in the Congress of the United States
to aid the rebellion.
Fifth—All who resigned or tendered the resignation of their
commissions in the Army or Navy of the United States, to evade the duty
in resisting the rebellion.
Sixth—All who have engaged in any way in treating otherwise
than lawfully as prisoners of war, persons found in the United States
service, as officers, soldiers, seamen, or in other capacities.
Seventh—All persons who have been or are absentees from the
United States for the purpose of aiding the rebellion.
Eighth—All military or naval officers in the rebel service who
were educated by the Government in the military academy at West Point,
or in the United States Naval Academy.
Ninth—All persons who hold the pretended offices of Governors
of States in insurrection against the United States.
Tenth—All persons who left their homes within the jurisdiction
and protection of the United States and passed beyond the Federal
military lines into the so-called Confederate States for the purpose of
aiding the rebellion.
Eleventh—All persons who have 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 commerce of the United States upon the lakes and rivers
that separate the British Provinces from the United States.
Twelfth—All persons who, at the time when they seek to obtain
the benefits hereof, by taking the oath prescribed, are in military,
naval or civil confinement or custody, or under bond of the military or
naval authorities, or agents of the United States, as prisoners of war,
or persons detailed for offenses of any kind, either before or after
the conviction.
Thirteenth—All persons who have voluntarily participated in
said rebellion, and the estimate value of whose taxable property is
over $20,000.
Fourteenth—All persons who have taken the oath of Amnesty as
prescribed in the President’s Proclamation, December 28th, 1863, or
the Oath of Allegiance to the Government of the United States since
the date of said Proclamation, and who have not thenceforward kept and
maintained the same inviolate. Provided that special application may
be made to the President for pardon by any person belonging to the
excepted class, and such clemency will be liberally extended as may
be consistent with the facts, 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
benefits 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, this 29th day of May, A. D. 1865, and of the
Independence of the United States, the eighty-ninth. (Signed.)
By the President:Andrew Johnson.
W. H. Seward, Secretary of State.
PROPOSED CRITTENDEN COMPROMISE.
At the commencement of the Congressional session of 1860, the
portentous clouds of civil war, gathering and blackening in the
southern horizon of our national sky, filled the hearts of the stoutest
patriots with the most gloomy apprehensions, and cast a melancholy
shadow over every Union-loving soul throughout the country, somewhat
akin to that which hovers over an affectionate son or daughter, upon
the approaching dissolution of a cherished, devoted mother. The
following compromise, offered by Senator Crittenden, December 19, 1860,
is one of the many measures proposed in Congress for adjusting the
difficulties of that period:
Resolved, By the Senate and House of Representatives, That the
following articles be proposed and submitted as an amendment to the
Constitution, which shall be valid as a part of the Constitution, when
ratified by the conventions of three-fourths of the people of the
States:
1st. In all the territory now or hereafter acquired, north of 36° 30′,
slavery, or involuntary servitude, except for the punishment of crime,
is prohibited; while in all the territory south of that, slavery is
hereby recognized as existing, and shall not be interfered with by
Congress, but shall be protected as property by all the departments of
the territorial government during its continuance. All the territory
north or south of said line, within such boundaries as Congress may
prescribe, when it contains a population necessary for a member of
Congress, with a Republican form of government, shall be admitted into
the Union on an equality with the original States, with or without
slavery, as the Constitution of the State shall prescribe.
2d. Congress shall have no power to abolish slavery in the State
permitting it.
3d. Congress shall have no power to abolish slavery in the District of
Columbia while ′t exists in Virginia and Maryland, or either; nor shall
Congress at any time prohibit the officers of Government, or members
of Congress, whose duties require them to live in the District of
Columbia, bringing slaves there and using them as such.
4th. Congress shall have no power to hinder the transportation of
slaves from one State to another, whether by land, navigable river, or sea.
5th. Congress shall have the power, by law, to pay any owner the
full value of any fugitive slave, in all cases where the marshal is
prevented from discharging his duty by force or rescue, made after
arrest. In all such cases the owner shall have the power to sue the
county in which the rescue or violence was made; and the county shall
have the right to sue the individuals who committed the wrong, in the
same manner as the owner would sue.
6th. No future amendment or amendments shall affect the preceding
article; and Congress shall never have power to interfere with slavery
within the States where it is permitted.
EMANCIPATION PROCLAMATION.
Whereas, On the twenty-second day of September, in the year of
our Lord, one thousand eight hundred and sixty-two, a proclamation was
issued by the President of the United States, containing among other
things the following, to wit:
That, on the first day of January, in the year of our Lord, one
thousand eight hundred and sixty-three, all persons held as slaves
within any State, or designated part of a State, the people whereof
shall then be in rebellion against the United States, shall be then,
thenceforth and forever free, and the Executive Government of the
United States, including the military and naval authorities thereof,
will recognize and maintain the freedom of such persons, or any of
them, in any efforts they may make for their actual freedom.
That the Executive will, on the first day of January aforesaid, by
proclamation, designate the States and parts of States, if any, in
which the people therein respectively shall then be in rebellion
against the United States, and the fact that any State, or the people
thereof, shall on that day be in good faith represented in the
Congress of the United States by members chosen thereto, at elections
wherein a majority of the qualified voters of such States shall have
participated, shall, in the absence of strong countervailing testimony,
be deemed conclusive evidence that such State and the people thereof
are not then in rebellion against the United States.
Now, therefore, I, Abraham Lincoln, President of the United States, by
virtue of the power in me vested as Commander-in-Chief of the Army and
Navy of the United States, in time of actual armed rebellion against
the authority and Government of the United States, and as a fit
necessary war measure for suppressing said rebellion, do, on this first
day of January, in the year of our Lord, one thousand eight hundred
and sixty-three, and in accordance with my purpose so to do, publicly
proclaimed for the full period of one hundred days from the day of the
first above-mentioned order, and designate, as the States and parts
of States wherein the people thereof respectively are this day in
rebellion against the United States, the following, to wit: Arkansas,
Texas, Louisiana, except the parishes of St. Bernard, Plaquemines,
Jefferson, St. John, St. Charles, St. James, Ascension, Assumption,
Terre Bonne, Lafourche, St. Mary, St. Martin and Orleans, including
the city of New Orleans. Mississippi, Alabama, Florida, Georgia, South
Carolina, North Carolina, and Virginia, except the forty-eight counties
designated as West Virginia, and also the counties of Berkeley,
Accomac, Northampton, Elizabeth City, York, Princess Ann, and Norfolk,
including the cities of Norfolk and Portsmouth, and which excepted
parts are, for the present, left precisely as if this proclamation were
not issued.
And by virtue of the power, and for the purpose aforesaid, I do order
and declare that all persons held as slaves within said designated
States and parts of States are, and henceforward, shall be free; and
that the Executive Government of the United States, including the
military and naval authorities thereof, will recognize and maintain the
freedom of said persons.
And I hereby enjoin upon the people so declared to be free to abstain
from all violence, unless in necessary self-defense; and I recommend
to them that, in all cases, when allowed, they labor faithfully for
reasonable wages.
And I further declare and make known that such persons of suitable
condition will be received into the armed service of the United States,
to garrison forts, positions, stations, and other places, and to man
vessels of all sorts in said service.
And upon this, sincerely believed to be an act of justice, warranted
by the Constitution upon military necessity, I invoke the considerate
judgment of mankind and the gracious favor of Almighty God.
In witness whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
Done at the City of Washington, this first day
of January, in the year of our Lord one thousand eight hundred and
sixty-three, and of the Independence of the United States of America
the eighty-seventh.
By the President:Abraham Lincoln.
William H. Seward, Secretary of State.
LETTER FROM THE PRESIDENT EXPLAINING THE
EMANCIPATION PROCLAMATION.
The following letter, written in August, 1863,
in answer to an invitation to attend a meeting of unconditional Union men
held in Illinois, gives at length the President’s views at that time on
his Emancipation Proclamation:
Executive Mansion, Washington, August 26th, 1863.
My Dear Sir: Your letter inviting me to
attend a mass-meeting of unconditional Union men, to be held at the
capitol of Illinois on the third day of September, has been received.
It would be very agreeable to me to thus meet my old friends at my
own home, but I can not just now be absent from this city so long as
a visit there would require. The meeting is to be of all those who
maintain unconditional devotion to the Union; and I am sure my old
political friends will thank me for tendering, as I do, the nation’s
gratitude to those other noble men whom no partisan malice or partisan
hope can make false to the nation’s life. There are those who are
dissatisfied with me. To such I would say, You desire peace, and you
blame me that you do not have it. But how can we attain it? There are
but three conceivable ways: First, to suppress the rebellion by force
of arms. This I am trying to do. Are you for it? If you are, so far
we are agreed. If you are not for it, a second way is to give up the
Union. I am against this. If you are, you should say so, plainly. If
you are not for force, nor yet for dissolution, there only remains some
imaginable compromise. I do not believe that any compromise, embracing
the maintenance of the Union, is now possible. All that I learn leads
to a directly opposite belief. The strength of the rebellion is its
military—its army. The army dominates all the country and all the
people within its range. Any offer of any terms made by any man or men
within that range, in opposition to that army, is simply nothing for
the present, because such man or men have no power whatever to enforce
their side of a compromise, if one were made with them. To illustrate:
Suppose refugees from the South and peace men of the North get
together in convention, and frame and proclaim a compromise embracing
a restoration of the Union; in what way can that compromise be used to
keep General Lee’s army out of Pennsylvania? General Meade’s army can
keep Lee’s army out of Pennsylvania, and, I think, can ultimately drive
it out of existence. But no paper compromise, to which the controllers
of Lee’s army are not agreed, can at all affect that army. In an
effort at such compromise we would waste time, which the enemy would
improve to our disadvantage, and that would be all. A compromise, to be
effective, must be made either with those who control the rebel army,
or with the people, first liberated from the domination of that army
by the success of our army. Now, allow me to assure you that no word
or intimation from the rebel army, or from any of the men controlling
it, in relation to any peace compromise, has ever come to my knowledge
or belief. All charges and intimations to the contrary are deceptive
and groundless. And I promise you that if any such proposition shall
hereafter come, it shall not be rejected and kept secret from you. I
freely acknowledge myself to be the servant of the people, according
to the bond of service, the United States Constitution, and that, as
such, I am responsible to them. But, to be plain: You are dissatisfied
with me about the negro. Quite likely there is a difference of opinion
between you and myself upon that subject. I certainly wish that all men
could be free, while you, I suppose, do not. Yet I have neither adopted
nor proposed any measure which is not consistent with even your view,
provided you are for the Union. I suggested compensated emancipation;
to which you replied that you wished not to be taxed to buy negroes.
But I have not asked you to be taxed to buy negroes, except in such way
as to save you from greater taxation, to save the Union exclusively by
other means.
You dislike the Emancipation Proclamation, and perhaps would have it
retracted. You say it is unconstitutional. I think differently: I think
that the Constitution invests the Commander-in-Chief with the law of
war in time of war. The most that can be said, if so much, is, that the
slaves are property. Is there—has there ever been—any question that,
by the law of war, property, both of enemies and friends, may be taken
when needed? And is it not needed whenever taking it helps us, or hurts
the enemy? Armies, the world over, destroy enemies’ property when they
can not use it; and even destroy their own to keep it from the enemy.
Civilized belligerents do all in their power to help themselves or hurt
the enemy, except a few things regarded as barbarous or cruel. Among
the exceptions are the massacre of vanquished foes and non-combatants,
male and female. But the proclamation, as law, is valid, or is not
valid. If it is not valid, it needs no retraction; if it is valid,
it can not be retracted, any more than the dead can be brought to
life. Some of you profess to think that its retraction would operate
favorably for the Union. Why better after the retraction than before
the issue? There was more than a year and a half of trial to suppress
the rebellion before the proclamation was issued, the last one hundred
days of which passed under an explicit notice that it was coming,
unless averted by those in revolt returning to their allegiance. The
war has certainly progressed as favorably for us since the issue of the
proclamation as before. I know as fully as one can know the opinion of
others, that some of the commanders of our armies in the field, who
have given us our most important victories, believe the emancipation
policy and the aid of colored troops to be the heaviest blows yet dealt
to the rebellion, and that at least one of these important successes
could not have been achieved when it was but for the aid of black
soldiers. Among the commanders holding these views are some who have
never had any affinity with what is called abolitionism or with
“Republican party politics,” but who hold them purely as military
opinions. I submit their opinions as being entitled to some weight
against the objections often urged, that emancipation and arming the
blacks are unwise as military measures, and were not adopted as such
in good faith. You say that you will not fight to free negroes. Some
of them seem to be willing to fight for you—but no matter. Fight
you, then, exclusively, to save the Union. I issued the proclamation
on purpose to aid you in saving the Union. Whenever you shall have
conquered all resistance to the Union, if I shall urge you to continue
fighting, it will be an apt time then for you to declare that you will
not fight to free negroes. I thought that, in your struggle for the
Union, to whatever extent the negroes should cease helping the enemy,
to that extent it weakened the enemy in his resistance to you. Do you
think differently? I thought that whatever negroes can be got to do as
soldiers, leaves just so much less for white soldiers to do in saving
the Union. Does it appear otherwise to you? But negroes, like other
people, act upon motives. Why should they do any thing for us if we
will not do any thing for them? If they stake their lives for us, they
must be prompted by the strongest motive, even the promise of freedom.
And, the promise being made, must be kept. The signs look better. The
Father of Waters again goes unvexed to the sea. Thanks to the great
North-west for it. Not yet wholly to them. Three hundred miles up they
met New England, Empire, Keystone, and Jersey, hewing their way right
and left. The Sunny South, too, in more colors than one, also lent a
hand. On the spot, their part of the history was jotted down in black
and white. The job was a great national one, and let none be blamed who
bore an honorable part in it; and, while those who have cleared the
great river may well be proud, even that is not all. It is hard to say
that any thing has been more bravely or better done than at Antietam,
Murfreesboro, Gettysburg, and on many fields of less note. Nor must
Uncle Sam’s web-fleet be forgotten. At all the waters’ margins they
have been present—not only on the deep sea, the broad bay, and the
rapid river, but also up the narrow, muddy bayou; and, wherever the
ground was a little damp, they have been, and made their tracks. Thanks
to all. For the great republic—for the principles by which it lives
and keeps alive—for man’s vast future—thanks to all. Peace does not
appear so far distant as it did. I hope it will come soon, and come
to stay; and so come as to be worth keeping in all future time. It
will then have proved that among freemen there can be no successful
appeal from the ballot to the bullet, and that they who take such
appeal are sure to lose their case and pay the cost. And then there
will be some black men who can remember that, with silent tongue, and
clenched teeth, and steady eye, and well-poised bayonet, they have
helped mankind on to this great consummation; while I fear that there
will be some white men unable to forget that, with malignant heart and
deceitful speech, they have striven to hinder it. Still, let us not be
over-sanguine of a speedy final triumph. Let us be quite sober. Let us
diligently apply the means, never doubting that a just God, in His own
good time, will give us the rightful result.
Yours, very truly,A. Lincoln.
PROCLAMATION OF ANDREW JACKSON.
The President of the United States to the nullifiers of South
Carolina:
Whereas, A convention assembled in
the State of South Carolina have passed an ordinance, by which they
declare, “that the several acts and parts of acts of the Congress
of the United States, purporting to be laws for the imposing of
duties and imposts on the importation of foreign commodities, and
now having actual operation and effect within the United States, and
more especially,” two acts for the same purposes passed on the 29th
of May, 1828, and on the 14th of July, 1832, “are unauthorized by the
Constitution of the United States, and violate the true meaning and
intent thereof, and are null and void, and no law,” nor binding on the
citizens of that State or its officers; and by the said ordinance,
it is further declared to be unlawful for any of the constituted
authorities of the State or of the United States to enforce the payment
of the duties imposed by the said acts with the same State, and that it
is the duty of the Legislature to pass such laws as may be necessary to
give full effect to the said ordinance:
And, whereas, By the said ordinance, it
is further ordained that in no case of law or equity decided in the
courts of said State, wherein shall be drawn in question the validity
of the said ordinance, or of the acts of the Legislature that may be
passed to give it effect, or of the said laws of the United States, no
appeal shall be allowed to the Supreme Court of the United States, nor
shall any copy of the record be permitted or allowed for that purpose;
and that any person attempting to take such appeal shall be punished as
for a contempt of court:
And, finally, the said ordinance declares that the people of South
Carolina will maintain the said ordinance at every hazard; and that
they will consider the passage of any act, by Congress, abolishing or
closing the ports of the said State, or otherwise obstructing the free
ingress or egress of vessels to and from the said ports, or any other
act of the Federal Government to coerce the State, shut up her ports,
destroy or harass her commerce, or to enforce the said act otherwise
than through the civil tribunals of the country, as inconsistent with
the longer continuance of South Carolina in the Union, and that the
people of the said State will thenceforth hold themselves absolved
from all further obligation to maintain or preserve their political
connection with the people of the other States, and will forthwith
proceed to organize a separate government and do all other acts and
things which sovereign and independent States may of right do.
And, whereas, The said ordinance
prescribes to the people of South Carolina a course of conduct in
direct violation of their duty as citizens of the United States,
contrary to the laws of their country, subversive of its Constitution,
and having for its object the destruction of the Union—that Union,
which, coeval with our political existence, led our fathers, without
any other ties to unite them than those of patriotism and a common
cause, through a sanguinary struggle to a glorious independence—that
sacred Union, hitherto inviolate, which, perfected by our happy
Constitution, has brought us, by the favor of Heaven, to a state
of prosperity at home, and high consideration abroad, rarely, if
ever, equaled in the history of nations. To preserve this bond of
our political existence from destruction, to maintain inviolate this
state of national honor and prosperity, and to justify the confidence
my fellow-citizens have reposed in me, I, Andrew
Jackson, President of the United States, have thought proper
to issue this, my Proclamation, stating my
views of the Constitution and laws applicable to the measures adopted
by the Convention of South Carolina, and to the reasons they have put
forth to sustain them, declaring the course which duty will require me
to pursue, and, appealing to the understanding and patriotism of the
people, warn them of the consequences that must inevitably result from
an observance of the dictates of the convention.
Strict duty would require of me nothing more than the exercise of
those powers with which I am now, or may hereafter be invested, for
preserving the peace of the Union, and for the execution of the laws.
But the imposing aspect which opposition has assumed in this case, by
clothing itself with State authority, and the deep interest which the
people of the United States must all feel in preventing a resort to
stronger measures, while there is a hope that any thing will be yielded
to reasoning and remonstrance, perhaps demand, and will certainly
justify, a full exposition to South Carolina and the nation of the
views I entertain of this important question, as well as a distinct
enunciation of the course which my sense of duty will require me to
pursue.
The ordinance is founded, not on the indefeasible right of resisting
acts which are plainly unconstitutional, and too oppressive to be
endured; but on the strange position that any one State may not only
declare an act void, but prohibit its execution—that they may do this
consistently with the Constitution—that the true construction of that
instrument permits a State to retain its place in the Union, and yet be
bound by no other of its laws than those it may choose to consider as
constitutional. It is true, they add, that to justify this abrogation
of law, it must be palpably contrary to the Constitution; but it is
evident, that to give the right of resisting laws of that description,
coupled with the uncontrolled right to decide what laws deserve that
character, is to give the power of resisting all laws. For, as by the
theory, there is no appeal, the reasons alleged by the State, good
or bad, must prevail. If it should be said that public opinion is a
sufficient check against the abuse of this power, it may be asked why
it is not deemed a sufficient guard against an unconstitutional act of
Congress? There is, however, a restraint in this last case, which makes
the assumed power of a State more indefensible, and which does not
exist in the other. There are two appeals from an unconstitutional act
passed by Congress—one to the judiciary, the other to the people and
the States. There is no appeal from the State decision in theory, and
the practical illustration shows that the courts are closed against
an application to review it, both judges and jurors being sworn to
decide in its favor. But reasoning on this subject is superfluous,
when our social compact, in express terms, declares that the laws of
the United States, its Constitution, and treaties made under it, are
the supreme law of the land; and, for the greater caution, adds “that
the judges in every State shall be bound thereby, any thing in the
Constitution or laws of any State to the contrary notwithstanding.”
And it may be asserted, without fear of refutation, that no Federal
Government could exist without a similar provision. Look for a
moment to the consequence. If South Carolina considers the revenues
unconstitutional, and has a right to prevent their execution in the
port of Charleston, there would be a clear constitutional objection to
their collection in every other port, and no revenue could be collected
anywhere; for all imposts must be equal. It is no answer to repeat,
that an unconstitutional law is no law, so long as the question of its
legality is to be decided by the State itself; for every law operating
injuriously upon any local interest will be, perhaps, thought, and
certainly represented, as unconstitutional; and, as has been shown,
there is no appeal.
JOHN QUINCY ADAMS.
If this doctrine had been established at an earlier day, the
Union would have been dissolved in its infancy. The excise law in
Pennsylvania, the embargo and non-intercourse law in the eastern
States, the carriage tax in Virginia, were all deemed unconstitutional,
and were more unequal in their operation than any of the laws now
complained of; but fortunately none of those States discovered that
they had the right now claimed by South Carolina. The war into which we
were forced to support the dignity of the nation and the rights of our
citizens, might have ended in defeat and disgrace instead of victory
and honor, if the States who supposed it a ruinous and unconstitutional
measure, had thought they possessed the right of nullifying the act by
which it was declared, and denying supplies for its prosecution. Hardly
and unequally as those measures bore upon several members of the Union,
to the legislatures of none did this efficient and peaceable remedy, as
it is called, suggest itself. The discovery of this important feature
in our Constitution was reserved to the present day. To the statesmen
of South Carolina belongs the invention, and upon the citizens of that
State will unfortunately fall the evils of reducing it to practice.
If the doctrine of a State veto upon the laws of the Union carries with
it internal evidence of its impracticable absurdity, our constitutional
history will also afford abundant proof that it would have been
repudiated with indignation had it been proposed to form a feature in
our Government.
In our colonial state, although dependent on another power, we very
early considered ourselves as connected by common interest with
each other. Leagues were formed for common defense, and, before the
Declaration of Independence, we were known in our aggregate character
as the United Colonies of America. That decisive and important step
was taken jointly. We declared ourselves a nation by a joint, not by
several acts, and when the terms of our Confederation were reduced to
form, it was that of a solemn league of several States, by which they
agreed that they would collectively form one nation for the purpose of
conducting some certain domestic concerns and all foreign relations. In
the instrument forming that Union is found an article which declares
that “every State shall abide by the determination of Congress on all
questions which, by that Confederation, should be submitted to them.”
Under the Confederation, then, no State could legally annul a decision
of the Congress, or refuse to submit to its execution; but no provision
was made to enforce these decisions. Congress made requisitions, but
they were not complied with. The Government could not operate on
individuals. They had no judiciary, no means of collecting revenue.
But the defects of the Confederation need not be detailed. Under
its operation we could scarcely be called a nation. We had neither
prosperity at home nor consideration abroad. This state of things
could not be endured, and our present happy Constitution was formed,
but formed in vain, if this fatal doctrine prevails. It was formed for
important objects that are announced in the preamble made in the
name and by the authority of the people of the United States, whose
delegates framed, and whose conventions approved it. The most important
among those objects, that which is placed first in rank, on which all
others rest, is, “to form a more perfect Union.” Now, is it possible
that even if there were no express provision giving supremacy to the
Constitution and laws of the United States—can it be conceived,
that an instrument made for the purpose of “forming a more perfect
Union” than that of the Confederation, could be so constructed by the
assembled wisdom of our country as to substitute for that Confederation
a form of government dependent for its existence on the local
interest, the party spirit of a State, or of a prevailing faction in
a State? Every man of plain, unsophisticated understanding, who hears
the question, will give such an answer as will preserve the Union.
Metaphysical subtlety, in pursuit of an impracticable theory, could
alone have devised one that is calculated to destroy it.
I consider, then, the power to annul a law of the United States,
assumed by one State, incompatible with the existence of the Union,
contradicted expressly by the letter of the Constitution, unauthorized
by its spirit, inconsistent with every principle on which it was
founded, and destructive of the great object for which it was formed.
After this general view of the leading principle, we must examine the
particular application of it which is made in the ordinance.
The preamble rests its justification on these grounds: It assumes,
as a fact, that the obnoxious laws, although they purport to be laws
for raising revenue, were in reality intended for the protection of
manufactures, which purpose it asserts to be unconstitutional; that the
operation of these laws is unequal; that the amount raised by them is
greater than is required by the wants of the Government; and, finally,
that the proceeds are to be applied to objects unauthorized by the
Constitution. These are the only causes alleged to justify an open
opposition to the laws of the country, and a threat of seceding from
the Union, if any attempt should be made to enforce them. The first
virtually acknowledges that the law in question was passed under a
power expressly given by the Constitution to lay and collect imposts;
but its constitutionality is drawn in question from the motives of
those who passed it. However apparent this purpose may be in the
present case, nothing can be more dangerous than to admit the position
that an unconstitutional purpose, entertained by the members who assent
to a law enacted under constitutional power, shall make the law void:
for how is that purpose to be ascertained? How often may bad purposes
be falsely imputed—in how many cases are they concealed by false
professions—in how many is no declaration of motive made? Admit this
doctrine, and you give to the States an uncontrolled right to decide,
and every law may be annulled under this pretext. If, therefore, the
absurd and dangerous doctrine should be admitted, that a State may
annul an unconstitutional law, or one that it deems such, it will not
apply to the present case.
The next objection is, that the laws in question operate unequally.
This objection may be made with truth to every law that has been or
may be passed. The wisdom of man never yet contrived a system of
taxation that would operate with perfect equality. If the unequal
operation of a law makes it unconstitutional, and if all laws of that
description may be abrogated by any State for that cause, then indeed
is the Federal Constitution unworthy the slightest effort for its
preservation. We have hitherto relied on it as the perpetual bond of
our Union. We have received it as the work of the assembled wisdom of
the nation. We have trusted to it as the sheet anchor of our safety in
the stormy times of conflict with a foreign or domestic foe. We have
looked to it with sacred awe as the palladium of our liberties, and
with all the solemnities of religion have pledged to each other our
lives and fortunes here, and our hopes of happiness hereafter, in its
defense and support. Were we mistaken, my countrymen, in attaching
this importance to the Constitution of our country? Was our devotion
paid to the wretched, inefficient, clumsy, contrivance which this new
doctrine would make it? Did we pledge ourselves to the support of an
airy nothing—a bubble, that must be blown away by the first breath
of dissatisfaction? Was this self-destroying, visionary theory, the
work of the profound statesmen, the exalted patriots, to whom the task
of constitutional reform was intrusted? Did the name of Washington
sanction, did the States deliberately ratify such an anamoly in the
history of fundamental legislation? No. We were not mistaken. The
letter of this great instrument is free from this radical fault; its
language directly contradicts the imputation; its spirit—its evident
intent, contradicts it. No, we did not err! Our Constitution does not
contain the absurdity of giving power to make laws, and another power
to resist them. The sages whose memory will always be reverenced, have
given us a practical, and, as they hoped, a permanent constitutional
compact. The Father of his Country did not affix his revered name to
so palpable an absurdity. Nor did the States, when they severally
ratified it, do so under the impression that a veto on the laws of the
United States, was reserved to them, or that they could exercise it by
implication. Search the debates in all their conventions, examine the
speeches of the most zealous opposers of federal authority, look at
the amendments that were proposed; they are all silent—not a syllable
uttered, not a vote given, not a motion made, to correct the explicit
supremacy given to the laws of the Union over those of the States, or
to show that implication, as is now contended, could defeat it. No, we
have not erred! The Constitution is still the object of our reverence,
the bond of our Union, our defense in danger, the source of our
prosperity in peace; it shall descend as we received it, uncorrupted,
by sophistical construction, to our posterity, and the sacrifices of
local interest, of State prejudices, of personal animosities, that were
made to bring it into existence, will again be patriotically offered
for its support.
The two remaining objections made by the ordinance to these laws,
are that the sums intended to be raised by them are greater than are
required, and that the proceeds will be unconstitutionally employed.
The Constitution has given, expressly, to Congress the right of raising
revenue, and of determining the sum the public exigencies will require.
The States have no control over the exercise of this right, other than
that which results from the power of changing the representatives who
abuse it, and thus procure redress. Congress may, undoubtedly, abuse
this discretionary power; but the same may be said of others with
which they are vested. Yet this discretion must exist somewhere. The
Constitution has given it to the representatives of all the people,
checked by the representatives of the States and by the executive
power. The South Carolina construction gives it to the legislature
or the convention of a single State, where neither the people of the
different States, nor the States in their separate capacity, nor the
chief magistrate elected by the people, have any representation.
Which is the most discreet disposition of the power? I do not ask
you, fellow-citizens, which is the constitutional disposition; that
instrument speaks a language not to be misunderstood. But if you were
assembled in general convention, which would you think the safest
depository of this discretionary power in the last resort? Would you
add a clause giving it to each of the States, or would you sanction
the wise provisions already made by your Constitution? If this should
be the result of your deliberations when providing for the future, are
you, can you be ready to risk all that we hold dear to establish, for
a temporary and a local purpose, that which you must acknowledge to be
destructive, and even absurd, as a general provision? Carry out the
consequences of this right vested in the different States, and you must
perceive that the crisis your conduct presents at this day would recur
whenever any law of the United States displeased any of the States, and
that we should soon cease to be a nation.
The ordinance, with the same knowledge of the future that characterizes
a former objection, tells you that the proceeds of the tax will
be unconstitutionally applied. If this could be ascertained with
certainty, the objection would, with more propriety, be reserved for
the law so applying the proceeds, but surely can not be urged against
the laws levying the duty.
These are the allegations contained in the ordinance. Examine them
seriously, my fellow-citizens; judge for yourselves. I appeal to you
to determine whether they are so clear, so convincing, as to leave
no doubt of their correctness; and even if you should come to this
conclusion, how far they justify the reckless, destructive course
which you are directed to pursue. Review these objections, and the
conclusions drawn from them, once more. What are they? Every law, then,
for raising revenue, according to the South Carolina ordinance, may be
rightfully annulled, unless it be so framed as no law ever will or can
be framed. Congress has the right to pass laws for raising a revenue,
and each State has a right to oppose their execution—two rights
directly opposed to each other; and yet is this absurdity supposed
to be contained in an instrument drawn for the express purpose of
avoiding collisions between the States and the General Government, by
an assembly of the most enlightened statesmen and purest patriots ever
embodied for a similar purpose.
In vain have these sages declared that Congress shall have power to
lay and collect taxes, duties, imposts, and excises; in vain have
they provided that they shall have power to pass laws which shall be
necessary and proper to carry those powers into execution; that those
laws and that Constitution shall be the “supreme law of the land, and
that the judges in every State shall be bound thereby, any thing in the
Constitution or laws of any State to the contrary notwithstanding.”
In vain have the people of the several States solemnly sanctified
these provisions, made them their paramount law, and individually
sworn to support them whenever they were called on to execute any
office. Vain provision! ineffectual restrictions! vile profanation
of oaths! miserable mockery of legislation! if the bare majority of
the voters in any one State may, on a real or supposed knowledge of
the intent with which a law has been passed, declare themselves free
from its operation—say here it gives too little, there too much, and
operates unequally—here it suffers articles to be free that ought to
be taxed—there it taxes those that ought to be free—in this case
the proceeds are intended to be applied to purposes which we do not
approve—in that the amount raised is more than is wanted. Congress, it
is true, is invested by the Constitution with the right of deciding
these questions according to their sound discretion; Congress is
composed of the representatives of all the States, and of all the
people of all the States; but we, part of the people of one State, to
whom the Constitution has given no power on the subject, from whom it
has expressly taken it away—we, who have solemnly agreed that this
Constitution shall be our law—we, most of whom have sworn to support
it—we now abrogate this law, and swear, and force others to swear
that it shall not be obeyed; and we do this, not because Congress
have no right to pass such laws—this we do not allege—but because
they have passed them with improper views. They are unconstitutional
from the motives of those who passed them, which we can never
with certainty know; from their unequal operation, although it is
impossible, from the nature of things, that they should be equal; and
from the disposition which we presume may be made of their proceeds,
although that disposition has not been declared. This is the plain
meaning of the ordinance, in relation to laws which it abrogates for
alleged unconstitutionality. But it does not stop there. It repeals,
in express terms, an important part of the Constitution itself, and
of laws passed to give it effect, which have never been alleged to be
unconstitutional. The Constitution declares that the judicial powers
of the United States extend to cases arising under the laws of the
United States; and that such laws, the Constitution and treaties, shall
be paramount to the State Constitutions and laws. The judiciary act
prescribes the mode by which the case may be brought before a court of
the United States by appeal, when a State tribunal shall decide against
this provision of the Constitution. The ordinance declares that there
shall be no appeal, makes the State law paramount to the Constitution
and laws of the United States, forces judges and jurors to swear that
they will disregard their provisions, and even makes it penal in a suit
to attempt relief by appeal. It further declares that it shall not be
lawful for the authorities of the United States, or of that State, to
enforce the payment of duties imposed by the revenue laws within its limits.
Here is a law of the United States, not even pretended to be
unconstitutional, repealed by the authority of a small majority of the
voters of a single State. Here is a provision of the Constitution,
which is solemnly abrogated by the same authority.
On such expositions and reasonings, the ordinance grounds not only an
assertion of the right to annul the laws, of which it complains, but to
enforce it by a threat of seceding from the Union, if any attempt is
made to execute them.
This right to secede is deduced from the nature of the Constitution,
which they say is a compact between sovereign States, who have
preserved their whole sovereignty, and therefore are subject to no
superior; that because they made the compact, they can break it, when,
in their opinion, it has been departed from by other States. Fallacious
as this course of reasoning is, it enlists State pride, and finds
advocates in the honest prejudices of those who have not studied the
nature of our government sufficiently to see the radical error on which
it rests.
The people of the United States formed the Constitution, acting through
the State Legislatures in forming the compact, to meet and discuss
its provisions, and acting in separate conventions when they ratified
those provisions; but the terms used in its construction show it to be
a government in which the people of all the States collectively are
represented. We are one people in the choice of President and
Vice-President. Here the States have no other agency than to direct
the mode in which the votes shall be given. The candidates having a
majority of all the votes are chosen. The electors of a majority of
States may have given their votes for one candidate, and yet another
may be chosen. The people, then, and not the States, are represented in
the executive branch.
In the House of Representatives there is this difference: that
the people of one State do not, as in the case of President and
Vice-President, all vote for the same officers. The people of all
the States do not vote for all the members, each State electing only
its own Representatives. But this creates no national distinction.
When chosen, they are all Representatives of the United States, not
representatives of the particular State from whence they come. They are
paid by the United States, not by the State; nor are they accountable
to it for any act done in the performance of their legislative
functions; and however they may, in practice, as it is their duty to
do, consult and prefer the interests of their particular constituents,
when they come in conflict with any other partial or local interest,
yet it is the first and highest duty of a Representative of the United
States to promote the general good.
The Constitution of the United States, then, forms a government,
not a league; and whether it be formed by compact between the States,
or in any other manner, its character is the same. It is a government
in which all the people are represented, which operates directly on the
people individually, not upon the States; they retained all the power
they did not grant. But each State having expressly parted with so many
powers, as to constitute jointly with the other States a single nation,
can not, from that period, possess any right to secede, because such
secession does not break a league, but destroys the unity of a nation;
and any injury to that unity is not only a breach, which would result
from the contravention of a compact, but it is an offense against the
whole Union. To say that any State may at pleasure secede from the
Union, is to say that the United States are not a nation; because
it would be a solecism to contend, that any part of a nation might
dissolve its connection with the other parts, to their injury or ruin,
without committing any offense. Secession, like any other revolutionary
act, may be morally justified by the extremity of oppression; but
to call it a constitutional right is confounding the meaning of the
terms; and can only be done through gross error, or to deceive those
who are willing to assert a right, but would pause before they made a
revolution, or incur the penalties consequent on a failure.
Because the Union was formed by compact, it is said the parties to that
compact may, when they feel themselves aggrieved, depart from it; but
it is precisely because it is a compact that they can not. A compact is
an agreement or binding obligation. It may, by its terms, have a
sanction or penalty for its breach, or it may not. If it contains no
sanction, it may be broken, with no other consequences than moral
guilt; if it have a sanction, then the breach incurs the designated or
implied penalty. A league between independent nations generally has no
sanction other than a moral one; or, if it should contain a penalty,
as there is no common superior, it can not be enforced. A government,
on the contrary, always has a sanction, express or implied; and, in
our case, it is both necessarily implied and expressly given. An
attempt, by force of arms, to destroy a government, is an offense, by
whatever means the constitutional compact may have been formed; and
such government has the right, by the law of self-defense, to pass acts
for punishing the offender, unless that right is modified, restrained,
or resumed by the constitutional act. In our system, although it is
modified in the case of treason, yet authority is expressly given to
pass all laws necessary to carry its powers into effect; and, under
this grant, provision has been made for punishing acts which obstruct
the due administration of the laws.
It would seem superfluous to add any thing to show the nature of that
Union which connects us; but as erroneous opinions on this subject
are the foundation of doctrines the most destructive to our peace, I
must give further development to my views on this subject. No one,
fellow-citizens, has a higher reverence for the reserved rights of the
States than the magistrate who now addresses you; no one would make
greater personal sacrifices or official exertion to defend them from
violation; but equal care must be taken to prevent, on their part, an
improper interference with, or resumption of, the rights they have
vested in the nation. The line has not been so distinctly drawn as to
avoid doubts, in some cases, of the exercise of power. Men of the best
intentions and soundest views may differ in their construction of some
parts of the Constitution; but there are others on which dispassionate
reflection can leave no doubt. Of this nature appears to be the assumed
right of secession. It rests, as we have seen, on the alleged undivided
sovereignty of the States, and on their having formed, in this
sovereign capacity, a compact, which is called the Constitution, from
which, because they made it, they have the right to secede. Both of
these positions are erroneous, and some of the arguments to prove them
so have been anticipated.
The States severally have not retained their entire sovereignty. It
has been shown that, in becoming parts of a nation, not members of a
league, they surrendered many of their essential parts of sovereignty.
The right to make treaties, declare war, levy taxes, exercise exclusive
judicial and legislative powers, were, all of them, functions of
sovereign power. The States, then, for all these purposes, were no
longer sovereign. The allegiance of their citizens was transferred,
in the first instance, to the Government of the United States; they
became American citizens, and owed obedience to the Constitution of the
United States, and to laws made in conformity with the powers it vested
in Congress. This last position has not been, and can not be, denied.
How, then, can that State be said to be sovereign and independent whose
citizens owe obedience to laws not made by it, and whose magistrates
are sworn to disregard those laws when they come in conflict with
those passed by another? What shows conclusively that the States can
not be said to have reserved an undivided sovereignty is, that they
expressly ceded the right to punish treason—not treason against their
separate power, but treason against the United States. Treason is an
offense against sovereignty, and sovereignty must reside with the
power to punish it. But the reserved rights of the States are not less
sacred because they have, for their common interest, made the General
Government the depository of these powers.
The unity of our political character (as has been shown for another
purpose) commenced with its very existence. Under the royal government
we had no separate character; our opposition to its oppressions began
as united colonies. We were the United States, under the
Confederation, and the name was perpetuated, and the Union rendered
more perfect by the Federal Constitution. In none of these stages did
we consider ourselves in any other light than as forming one nation.
Treaties and alliances were made in the name of all. Troops were raised
for the joint defense. How, then, with all these proofs, that, under
all changes of our position, we had, for designated purposes, and with
defined powers, created national governments; how is it that the most
perfect of those several modes of union should now be considered as a
mere league, that may be dissolved at pleasure? It is from an abuse
of terms. “Compact” is used as synonymous with “league,” although the
true term is not employed, because it would at once show the fallacy of
the reasoning. It would not do to say that our Constitution was only a
league; but it is labored to prove it a compact (which in one sense it
is), and then to argue that, as a league is a compact, every compact
between nations must, of course, be a league, and that from such an
engagement every sovereign power has a right to recede. But it has been
shown that, in this sense, the States are not sovereign, and that even
if they were, and the national Constitution had been formed by compact,
there would be no right in any one State to exonerate itself from its
obligations.
So obvious are the reasons which forbid this secession, that it is
necessary only to allude to them. The Union was formed for the benefit
of all. It was produced by mutual sacrifices of interests and opinions.
Can those sacrifices be recalled? Can the States, who magnanimously
surrender their title to the territories in the West, recall the grant?
Will the inhabitants of the inland States agree to pay the duties that
may be imposed, without their assent, by those on the Atlantic or the
Gulf for their own benefit? Shall there be a free port in one State,
and onerous duties in another? No one believes that any right exists,
in a single State, to involve the others in these and countless other
evils contrary to the engagements solemnly made. Every one must see
that the other States, in self-defense, must oppose it, at all hazards.
These are the alternatives that are presented by the convention: A
repeal of all the acts for raising revenue, leaving the Government
without the means of support, or an acquiescence in the dissolution of
our Union by the secession of one of its members. When the first
was proposed, it was known that it could not be listened to for a
moment. It was known, if force was applied to oppose the execution
of the laws, that it must be repelled by force; that Congress could
not, without involving itself in disgrace and the country in ruin,
accede to the proposition; and yet, if this is not done on a given
day, or if any attempt is made to execute the laws, the State is,
by the ordinance, declared to be out of the Union. The majority of
a convention, assembled for the purpose, have dictated these terms,
or rather this rejection of all terms, in the name of the people of
South Carolina. It is true that the Governor of the State speaks of
the submission of their grievances to a convention of all the States,
which, he says, they “sincerely and anxiously seek and desire.” Yet
this obvious and constitutional mode of obtaining the sense of the
other States, on the construction of the Federal compact, and amending
it if necessary, has never been attempted by those who have urged the
State on to this destructive measure. The State might have proposed to
call for a general convention of the other States; and Congress, if
a sufficient number of them concurred, must have called it. But the
first magistrate of South Carolina, when he expressed a hope that, “on
a review by Congress and the functionaries of the General Government
of the merits of the controversy,” such a convention will be accorded
to them, must have known that neither Congress, nor any functionary
of the General Government, has authority to call such a convention,
unless it be demanded by two-thirds of the States. This suggestion,
then, is another instance of the reckless inattention to the provisions
of the Constitution with which this crisis has been madly hurried on;
or of the attempt to persuade the people that a constitutional remedy
has been sought and refused. If the Legislature of South Carolina
“anxiously desire” a general convention to consider their complaints,
why have they not made application for it in the way the Constitution
points out? The assertion that they “earnestly seek” it is completely
negatived by the omission.
This, then, is the position in which we stand. A small majority of the
citizens of one State in the Union have elected delegates to a State
convention; that convention has ordained that all the revenue laws
of the United States must be repealed, or that they are no longer a
member of this Union. The Governor of that State has recommended to
the Legislature the raising of an army to carry the secession into
effect, and that he may be empowered to give clearances to vessels in
the name of the State. No act of violent opposition to the laws has
yet been committed, but such a state of things is hourly apprehended;
and it is the intent of this instrument to proclaim, not only that
the duty imposed on me by the Constitution “to take care that the
laws be faithfully executed,” shall be performed to the extent of the
powers already vested in me by law, or of such others as the wisdom
of Congress shall devise and intrust to me for that purpose, but to
warn the citizens of South Carolina, who have been deluded into an
opposition to the laws, of the danger they will incur by obedience
to the illegal and disorganizing ordinance of the convention; to
exhort those who have refused to support it to persevere in their
determination to uphold the Constitution and laws of their country; and
to point out to all the perilous situation into which the good people
of that State have been led, and that the course they are urged to
pursue is one of ruin and disgrace to the very State whose rights they
affect to support.
Fellow-citizens of my native State, let me not only admonish you, as
the First Magistrate of our common country, not to incur the penalty of
its laws, but use the influence that a father would over his children
whom he saw rushing to certain ruin. In that paternal language, with
that paternal feeling, let me tell you, my countrymen, that you are
deluded by men who are either deceived themselves, or wish to deceive
you. Mark under what pretenses you have been led on to the brink of
insurrection and treason, and on which you stand! First, a diminution
of the value of your staple commodity, lowered by over-production in
other quarters, and the consequent diminution in the value of your
lands, were the sole effect of the tariff laws.
The effect of those laws was confessedly injurious, but the evil
was greatly exaggerated by the unfounded theory you were taught to
believe, that its burdens were in proportion to your exports, not to
your consumption of imported articles. Your pride was roused by the
assertion that a submission to those laws was a state of vassalage,
and that resistance to them was equal, in patriotic merit, to the
opposition our fathers offered to the oppressive laws of Great Britain.
You were told that this opposition might be peaceably—might be
constitutionally made; that you might enjoy all the advantages of the
Union, and bear none of its burdens. Eloquent appeals to your passions,
to your State pride, to your native courage, to your sense of real
injury, were used, to prepare you for the period when the mask, which
concealed the hideous features of disunion, should be taken off. It
fell, and you were made to look with complacency on objects which, not
long since, you would have regarded with horror. Look back to the arts
which have brought you to this state—look forward to the consequences
to which it must inevitably lead! Look back to what was first told
you as an inducement to enter into this dangerous course. The great
political truth was repeated to you, that you had the revolutionary
right of resisting all laws that were palpably unconstitutional and
intolerably oppressive; it was added that the right to nullify a law
rested on the same principle, but that it was a peaceable remedy!
This character which was given to it, made you receive, with too much
confidence, the assertions that were made of the unconstitutionality
of the law and its oppressive effects. Mark, my fellow-citizens,
that, by the admission of your leaders, the unconstitutionality must
be palpable, or it will not justify either resistance or
nullification! What is the meaning of the word palpable, in
the sense in which it is here used? that which is apparent to every
one; that which no man of ordinary intellect will fail to perceive. Is
the unconstitutionality of these laws of that description? Let those
among your leaders who once approved and advocated the principle of
protective duties, answer the question; and let them choose whether
they will be considered as incapable, then, of perceiving that which
must have been apparent to every man of common understanding, or as
imposing on your confidence, and endeavoring to mislead you now. In
either case, they are unsafe guides in the perilous path they urge you
to tread. Ponder well on this circumstance, and you will know how to
appreciate the exaggerated language they address to you. They are not
champions of liberty, emulating the fame of our revolutionary fathers;
nor are you an oppressed people, contending, as they repeat to you,
against worse than colonial vassalage.
You are free members of a flourishing and happy Union. There is no
settled design to oppress you. You have, indeed, felt the unequal
operation of laws which may have been unwisely, not unconstitutionally
passed; but that inequality must necessarily be removed. At the very
moment when you were madly urged on to the unfortunate course you
have begun, a change in public opinion had commenced. The nearly
approaching payment of the public debt, and the consequent necessity
of a diminution of duties, had already produced a considerable
reduction, and that, too, on some articles of general consumption in
your State. The importance of this change was underrated, and you are
authoritatively told that no further alleviation of your burdens were
to be expected at the very time when the condition of the country
imperiously demanded such a modification of the duties as should
reduce them to a just and equitable scale. But, as if apprehensive
of the effect of this change in allaying your discontents, you were
precipitated into the fearful state in which you now find yourselves.
I have urged you to look back to the means that were used to hurry
you on to the position you have now assumed, and forward to the
consequences it will produce. Something more is necessary. Contemplate
the condition of that country of which you still form an important
part. Consider its Government, uniting in one bond of common interest
and general protection so many different States—giving to all their
inhabitants the proud title of American citizens; protecting their
commerce; securing their literature and their arts; facilitating their
intercommunication; defending their frontiers, and making their names
respected in the remotest parts of the earth. Consider the extent of
its territory; its increasing and happy population; its advance in
arts, which render life agreeable; and the sciences, which elevate
the mind! See education spreading the lights of religion, morality,
and general information into every cottage in this wide extent of our
Territories and States! Behold it as the asylum where the wretched
and the oppressed find a refuge and support! Look on this picture of
happiness and honor, and say: “We, too, are citizens of America!
Carolina is one of these proud States—her arms have defended—her
best blood has cemented this happy Union!” And then add, if you can,
without horror and remorse, “this happy Union we will dissolve; this
picture of peace and prosperity we will deface; this free intercourse
we will interrupt; these fertile fields we will deluge with blood;
the protection of that glorious flag we renounce; the very name of
Americans we discard.” And for what, mistaken men—for what do you
throw away these inestimable blessings? for what would you exchange
your share in the advantages and honor of the Union? For the dream of
separate independence—a dream interrupted by bloody conflicts with
your neighbors, and a vile dependence on a foreign power. If your
leaders could succeed in establishing a separation, what would be your
situation? Are you united at home—are you free from the apprehension
of civil discord, with all its fearful consequences? Do our neighboring
republics, every day suffering some new revolution, or contending with
some new insurrection—do they excite your envy? But the dictates of
a high duty obliges me solemnly to announce that you can not succeed.
The laws of the United States must be executed. I have no discretionary
power on the subject—my duty is emphatically pronounced in the
Constitution. Those who told you that you might peaceably prevent their
execution, deceived you—they could not have been deceived themselves.
They know that a forcible opposition could alone prevent the execution
of the laws, and they know that such opposition must be repelled. Their
object is disunion; but be not deceived by names; disunion, by armed
force, is treason. Are you really ready to incur its guilt? If
you are, on the heads of the instigators of the act be the dreadful
consequences—on their heads be the dishonor, but on yours may fall
the punishment; on your unhappy State will inevitably fall all the
evils of the conflict you force upon the government of your country.
It can not accede to the mad project of disunion, of which you would
be the first victims—its First Magistrate can not, if he would, avoid
the performance of his duty; the consequences must be fearful to you,
distressing to your fellow-citizens here, and to the friends of good
government throughout the world. Its enemies have beheld our prosperity
with a vexation they could not conceal—it was a standing refutation of
their slavish doctrines, and they will point to our discord with the
triumph of malignant joy. It is yet in your power to disappoint them.
There is yet time to show that the descendants of the Pinckneys, the
Sumters, the Rutledges, and of the thousand other names, which adorn
the pages of your revolutionary history, will not abandon that Union,
to support which so many of them fought, and bled, and died.
I adjure you, as you honor their memory—as you love the cause of
freedom, to which they dedicated their lives—as you prize the peace
of your country, the lives of its best citizens, and your own fair
fame, to retrace your steps. Snatch from the archives of your State the
disorganizing edict of its convention—bid its members to re-assemble,
and promulgate the decided expressions of your will to remain in the
path which alone can conduct you to safety, prosperity, and honor. Tell
them that, compared to disunion, all other evils are light, because
that brings with it an accumulation of all. Declare that you will
never take the field unless the star-spangled banner of your country
shall float over you; that you will not be stigmatized when dead, and
dishonored and scorned while you live, as the authors of the first
attack on the Constitution of your country. Its destroyers you can
not be. You may disturb its peace—you may interrupt the course of
its prosperity—you may cloud its reputation for stability; but its
tranquillity will be restored, its prosperity will return, and the stain
upon its national character will be transferred, and remain an eternal
blot on the memory of those who caused the disorder.
Fellow-citizens of the United States! The threat of unhallowed
disunion—the names of those once respected, by whom it is uttered—the
array of military force to support it—denotes the approach of a
crisis in our affairs, on which the continuance of our unexampled
prosperity, our political existence, and perhaps that of all free
governments, may depend. The conjuncture demanded a free, a full, and
explicit enunciation, not only of my intentions, but of my principles
of action: and as the claim was asserted of a right by a State to annul
the laws of the Union, and even to secede from it at pleasure, a frank
exposition of my opinions in relation to the origin and form of our
government, and the construction I give to the instrument by which it
was created, seemed to be proper. Having the fullest confidence in the
justness of the legal and constitutional opinion of my duties, which
has been expressed, I rely, with equal confidence, on your undivided
support in my determination to execute the laws—to preserve the Union
by all constitutional means—to arrest, if possible, by moderate but
firm measures, the necessity of a recourse to force; and, if it be the
will of Heaven, that the recurrence of its primeval curse on man for
the shedding of a brother’s blood should fall upon our land, that it be
not called down by any offensive act on the part of the United States.
Fellow-citizens! the momentous case is before you. On your undivided
support of your Government depends the decision of the great question
it involves, whether your sacred Union will be preserved, and the
blessings it secures to us as one people shall be perpetuated. No
one can doubt that the unanimity with which that decision will be
expressed, will be such as to inspire new confidence in republican
institutions, and that the prudence, the wisdom, and the courage which
it will bring to their defense will transmit them unimpaired and
invigorated to our children.
May the Great Ruler of Nations grant that the signal blessings with
which He has favored ours, may not, by the madness of party or personal
ambition, be disregarded and lost; and may His wise providence bring
those who have produced this crisis to see their folly, before they
feel the misery of civil strife, and inspire a returning veneration
for that Union, which, if we may dare to penetrate His designs, He has
chosen as the only means of attaining the high destinies to which we
may reasonably aspire.
In testimony whereof, I have caused the seal of the United States to be
hereunto affixed, having signed the same with my hand.
Done at the city of Washington, this 10th day of December, in the year
of our Lord one thousand eight hundred and thirty-two, and of the
Independence of the United States the fifty-seventh.
By the President:Andrew Jackson.
Edwd. Livingston, Secretary of State.
HISTORY OF THE STATES. — VIRGINIA. — MASSACHUSETTS. — NEW HAMPSHIRE. — MARYLAND. — NEW YORK. — CONNECTICUT. — RHODE ISLAND. — NEW JERSEY, — DELAWARE. — THE CAROLINAS. — PENNSYLVANIA. — GEORGIA. — VERMONT. — KENTUCKY — TENNESSEE. — OHIO. — LOUISIANA. — INDIANA. — MISSISSIPPI. — ILLINOIS. — ALABAMA — MAINE. — MISSOURI. — FLORIDA. — ARKANSAS. — MICHIGAN. — IOWA. — TEXAS. — WISCONSIN. — MINNESOTA. — OREGON. — KANSAS. — CALIFORNIA. — WEST VIRGINIA. — NEVADA. — NEBRASKA.
“The Old Dominion,” so distinguished as being the native State of
the Father of American Liberty, and the “Mother of Presidents,”
really seemed at one time, to be peculiarly favorable to the birth
and development of statesmen. It has furnished no less than five
Presidents, among whom are Washington, Monroe, Madison, and Jefferson.
It was the first Colony, on the Continent, settled by the English. In
1607, a company formed under the patronage of James I, obtained a grant
to make settlements in America, between the 34th and 38th degrees of
north latitude. In May, 1607, a colony of one hundred and five persons,
under direction of this company, arrived off the coast of South
Virginia. Their intention had been to form a settlement on Roanoke,
now in North Carolina; but being driven north by a violent storm, they
discovered and entered the mouth of Chesapeake Bay. Passing up this bay
they named its capes—Henry and Charles—in honor of the king’s two
sons. They were commanded by Capt. Christopher Newport, an experienced
and distinguished navigator. Passing up James River, they arrived at a
peninsula, upon which they landed and established Jamestown.
After promulgating a code of laws which had been formed by the London
company, Capt. Newport sailed for England, leaving the colony under the
care of Capt. John Smith, whose subsequent relations to the settlement
became so important, and without whose efforts the enterprise would
doubtless have proved a failure. The colonists seem to have been very
poorly adapted to the labor required at their hands. Too many of them
were gentlemen, and came, it appears, only to enrich themselves
by gathering gold, which, they had heard, was very abundant.
Through a series of difficulties, which it is rarely the lot of man
to encounter, this colony progressed; the settlers awhile quarreling
among themselves, and awhile contending against savages and famine, for
bare existence, until the period of the Revolution, in which it was
one of the first colonies to take active part, furnishing to the young
republic many of its most efficient military chieftains and statesmen.
It ratified the Constitution June 26, 1788. After the Revolution its
course was for many years one of great prosperity. But, unfortunately,
the year 1861 found the majority of its statesmen arrayed against the
Government, on the side of secession, and on the 15th of April, 1861,
she seceded from the Union. On the 17th of June, 1861, all the counties
lying between the Alleghany Mountains and the Ohio River, were, by a
convention held at Wheeling, declared independent of the old State
government, and were organized into a new State, called West Virginia,
which remains loyal. The capital of the old State was selected as the
seat of government of the so-called Confederate States of America.
Massachusetts was settled in the year 1620, by the Puritans. These
people, having been severely persecuted in England, had previously
taken refuge in Holland; but for various reasons they determined,
after remaining in Holland a season, to emigrate to the New World.
Unfortunately, they started at a very unpropitious season of the year,
arriving at New England in the winter. The severity of the climate,
their scarcity of food at times, operated seriously against their
comfort and progress. It is said that they were frequently threatened
with starvation. At one time the entire company had but one pint of
Indian corn, which being divided equally among them, allowed to each
person eight grains. But, unlike the early settlers of Virginia,
they were all working men, and good economists. From the time of the
landing at Plymouth, up to 1691, this first settlement was known as the
Plymouth Colony. Meantime, another settlement had been formed, styled
the Massachusetts Colony. Both were for some years under the
control of a London company. In 1691, Massachusetts and Plymouth
Colonies were united, and thenceforward their history is one. The
people of Massachusetts were, during the early part of their colonial
existence, sorely vexed, at times, by the Indians, especially by
the Pequods. They, unfortunately, had imbibed, during their own
persecutions, too much of the spirit of conscription, and, although
themselves refugees from religious bigotry, sullied much of their
history prior to the Revolution by punishing what they called heresy
in the Quakers and Baptists. During 1774 and 1775, Massachusetts took
a very prominent part in favor of colonial rights, and was the first
State to manifest the spirit of resentment toward Great Britain. Its
history during the War for Independence is one of glory. It adopted the
Constitution June 6, 1788.
This State was a part of Massachusetts up to the year 1680. It was,
however, settled in 1624, the first settlement being formed at Dover
by the English. In 1680, it was erected into a separate colony, and
its first legislative assembly met this year. John Mason was its first
Governor. It suffered severely from Indian wars, and its progress,
during the first years of its existence, was slow. In 1742 it contained
only six hundred persons liable to taxation. Its first Constitution
was formed in 1683. It suffered from the effects of an insurrection
in 1686, although prior and subsequent to this affair, it seems to
have been one of the most peaceful and quiet of the colonies. It
is distinguished for its excellent pastures, towering hills, and
fine cattle. The White Mountains are the highest in New England.
It took a prominent and active part in the Revolution. It ratified
the Constitution June 21, 1788, since which time it has been highly
prosperous. Its present population is 326,073. Its course during the
rebellion has been highly commendable.
ANDREW JACKSON.
In 1632, Sir George Calvert (Lord Baltimore) visited America, explored
a tract of country lying on the Chesapeake Bay, belonging to what was
then called South Virginia, and returned to England to procure a grant
for it. But before the patent was made out, he died, and it was given
to his son Cecil. The province was named by King Charles I, in the
patent, in honor of his Queen, Henrietta Maria. A part of the province
appears to have been included in the grant made some time afterward to
William Penn, and to have caused much contention between the successors
of Penn and Baltimore.
In March, 1634, Leonard Calvert, the brother of Cecil, arrived at the
mouth of the Potomac River, bringing with him two hundred emigrants,
most of whom were Roman Catholic gentlemen. Leaving the vessel, he
ascended in a pinnace as far as Piskataqua, an Indian village nearly
opposite Mount Vernon. The Indian Sachem gave him full liberty
to settle there if he chose; but not deeming it safe, he began a
settlement lower down on a branch of the Potomac, at the Indian town of
Yoacomoco. The settlement was called St. Mary’s.
Maryland made a very fortunate beginning. The colonists arrived in time
to make a crop for that year. Their neighbors in Virginia supplied them
with cattle, and protected them in great part from the Indians, while
their own kind and consistent course materially promoted their happy
relations with the savages.
The charter which had been granted them was very liberal—ceding to
them the full power of legislation, without any interference on the
part of the Crown. In 1635, they made laws for their government, which
were somewhat modified in 1639. In 1650, they had an upper and lower
legislative assembly, as had their Virginia neighbors.
Ten or twelve years after its settlement, Maryland was disturbed by an
insurrection, headed by one Clayborne; but this difficulty was soon
settled. It played a conspicuous part in the Revolution, and adopted
the Constitution April 28, 1788. Its progress has been fair, its
present population being 687,049. Its geographical position and the
mixed political character of its people caused it to assume a rather
dubious attitude at the commencement of the rebellion of 1861. Some of
its best statesmen, however, were among the most uncompromising friends
of the Union.
Captain Henry Hudson, the famous voyager, discovered what is now New
York, together with a considerable extent of territory contiguous to
it, in the year 1609. Although an Englishman by nativity, Hudson was
at this time employed by the Dutch, (Hollanders) who, consequently,
claimed the territory. Meantime the English set up a claim to it, as
being part of North Virginia. They also claimed it on account of Hudson
being an Englishman. The Dutch, however, determined to hold it, and in
1610 opened a trade with the natives at Manhattan Island, on the spot
where the city of New York now stands. They erected a fort on or near
the site of Albany, named the country in general, New Netherlands, and
the station at Manhattan, New Amsterdam. The Dutch retained the country
until the year 1664.
It seems that, up to this time, they claimed not only the present
territory of New York, but also that of Connecticut and New Jersey.
The liberal governments of the surrounding colonies stood in great
contrast with the despotic one imposed by the Dutch Government upon
their American colonists. And when, in 1664, the English squadron
dispatched by James, Duke of York, with instructions to take possession
of the province of New Netherlands, appeared before New Amsterdam,
the inhabitants were willing to capitulate without resistance. Peter
Stuyvesant, their Governor, and an able executive, made vain efforts
to rouse them to defense, and was forced to surrender. The English
Government was now acknowledged over the whole of New Netherlands, the
capital receiving the name of New York, as well as the province. From
this time forward to the Revolutionary War, New York remained in the
hands of the English, and was under the control of a very arbitrary
succession of Governors. The progress of the colony was steady, in
numbers, wealth, and civilization. It took an active part in the
Revolution, and adopted its Constitution July 26, 1788. After this it
outstripped every other State in the Union in every thing pertaining
to wealth and greatness, save education, in which matter no State can
compare with Massachusetts. At the commencement of the great Rebellion,
this noble State showed herself truly worthy to be ranked as the Empire
State. She has furnished the Government more money than any other
State. Her population is 3,880,735.
In the year 1633, the Puritans of Massachusetts, having heard very
flattering reports of the valley of Connecticut, resolved to make an
effort to settle it. Accordingly, a company of them sailed for the
Connecticut River, taking with them the frame of a house. Meantime the
Dutch, claiming the territory as theirs, built a fort on the river
where Hartford now stands, to prevent the emigrants from passing up.
The Yankees, however, with that steady perseverance which has always
marked their course, proceeded on their way, paying no attention to
the Dutch fort, whose only demonstration was an unexecuted threat to
fire on the emigrants if they passed it. Landing where Farmington
River enters the Connecticut, they founded the town of Windsor. Other
settlements were subsequently formed at Westerfield, Hartford, and
Watertown. The first general court was held at Hartford, in the year
1636. The province suffered severely from the depredations of the
Pequod Indians, with which tribe a great and decisive battle was
ultimately fought on the river Mystic, in the year 1636.[3]
During this year the towns of Windsor, Hartford, and Wethersfield, met
in convention and formed a Government, electing John Haynes the first
Governor of the colony.
Its course from this period forward was one of great prosperity. It
stood in the front rank during the war for Independence, and in no case
was ever known to flinch from duty. It ratified the Constitution June
9, 1788. Its present population is 460,147.
At the commencement of the Rebellion, in 1861, its voice was for the
Union and the Government of the Fathers. Its aid in behalf of freedom
has been earnest and efficient.
In June, 1636, Roger Williams, an earnest, enthusiastic advocate of
religious liberty in the broadest sense, having been banished by the
Puritans of Massachusetts from that colony, went to what is now known
as Rhode Island, purchased the present site of Providence of the
Narragansett Indians, and founded a colony, of which he was at once
pastor, teacher, and father. He donated land to any whom he thought
worthy, and Providence Plantation, as it was long called, became an
asylum for persecuted Christians of all denominations, especially the
Baptists. The first settlement in Rhode Island proper, was formed
by William Codington, in the year 1636. Up to 1640, the citizens of
Rhode Island made their own laws in general convention. But, in 1644,
Roger Williams, with the aid of Gov. Vane, of Massachusetts, procured
a charter for two settlements, under the name of Rhode Island and
Providence Plantations. The Constitution framed under this charter
was a good one; and lasted until the year 1818. For many years the
legislative assembly of this colony met twice a year.
Rhode Island is distinguished as the smallest State in the Union. It
did noble service in the war for Independence, but did not, for some
reason, adopt the Constitution till the 29th of May, 1790. It has been
a highly prosperous State; is distinguished for its good schools and
large manufactories.
At the breaking out of the Rebellion in 1861, it stepped nobly forward
in defense of the Government, sending its own Governor to Washington at
the head of a regiment of volunteers. Its population is 174,620.
At first, formed a part of the Dutch province of New Netherlands. But
soon after the latter came into the hands of the English, the Territory
of New Jersey was transferred to Lord Berkley and Sir George Carteret,
by the Duke of York. The first permanent settlement was formed at
Elizabethtown, in 1664, by emigrants from Long Island. Philip Carteret
arrived in the colony in 1665, and became its first Governor. The
province had very little trouble with the Indians. Many emigrants from
New England and New York soon arrived, and for a series of years the
colony advanced in prosperity. It enjoyed the blessings flowing from a
liberal form of government.
In the year 1685, the Duke of York became the King of England, under
the title of James II, and disregarding his former pledges, assumed,
in 1688, the government of New Jersey, placing it under the control of
Sir Edmund Andros, whom he had already made Governor of New York and
New England. This state of things was terminated by the revolution in
England, but left New Jersey for years in a very precarious condition.
In 1702, its proprietors having resigned their claims, it became a
royal province, and was united to New York. In 1738 it became again
a separate province, and so continued until the Revolution, in which
it took a very active part in favor of liberty. It ratified the
Constitution December 18, 1787. Thenceforward its career has been
a highly prosperous one. Its strength has been put forth to aid in
crushing the great Rebellion. Population 672,075.
Gustavus Adolphus, King of Sweden, formed a plan of establishing
colonies in America as early as the year 1626. But as he died on the
field of Leutzen, during the German war in 1633, without carrying
his scheme into effect, his minister took it up, and employed Peter
Minuets, the first Governor of New Netherlands, to carry it into
effect. In 1638, a small Swedish colony arrived under the direction
of Minuets, and settled on Christian Creek, near the present town of
Wilmington. Notwithstanding the remonstrances of the Dutch Government
of New Netherlands, who claimed the territory, the Swedes continued to
extend their settlements from this time until they preëmpted all the
territory from Cape Henlopen to the falls of the Delaware. At this
time the colony was called New Sweden. In 1651, Governor Stuyvesant,
to check the aggressive movements of the Swedes, built a fort near the
present site of New Castle, of which the Swedes afterward obtained
possession by stratagem. Enraged at this movement, the Government of
Holland ordered Stuyvesant to reduce the Swedes to submission, which
he speedily accomplished with six hundred men, in 1655. The province
was soon after annexed to New Netherlands. Delaware was, after it fell
into the hands of the English, included in the grant made to William
Penn, in 1692. It remained attached to Pennsylvania till 1691, when it
was allowed a separate government. It was reunited to Pennsylvania
in 1692. In 1703, it was again separated, having its own legislature,
though the same Governor presided over both colonies. The ancient forms
of the government were preserved through the revolutionary struggle. It
ratified the Constitution December 7, 1787.
Its position, at the commencement of the rebellion of 1861, was
somewhat dubious. It being a northerly slave State, was somewhat
divided as to where its interests lay. It, however, finally came out
somewhat decidedly for the Union, although its entire strength has not
been exerted against the rebellion. Its population is 112,216.
In the year 1563, the coast of Carolina was explored, and named after
Charles IX, of France. The first attempt to settle it was made by the
celebrated and accomplished Sir Walter Raleigh, in 1585, twenty-two
years before the settlement of Jamestown, and thirty-five years before
the Puritans landed at Plymouth. This effort failed, on account of the
incapacity of the Governor appointed by Raleigh, and the ill-behavior
of the colonists toward the natives.
The first successful attempt was made sometime between 1640 and 1650,
under the direction of Governor Berkley. The settlement was made in
Albemarle County, by a few Virginia planters. In 1663, a large tract of
land, lying between the 30th and 36th degrees of north latitude, having
the Atlantic Ocean for its eastern boundary, was conveyed by Charles
II, to Lord Clarendon and associates, under whose auspices a settlement
was made near the mouth of Cape Fear River, in the year 1665, by
emigrants from Barbadoes. Sir James Yeomans was appointed Governor.
A settlement was made at Port Royal, South Carolina, in 1670; and in
1671, a few persons located at what was then called Old Charleston,
which place was abandoned in 1680, and the foundation of the present
city of Charleston laid, several miles nearer the sea.
All the various settlements here mentioned went under the general name
of Carolina, until 1571, when a division was made, and the northern
and southern portions were called by their distinctive names, North
and South Carolina. These States were the scenes of many revolutionary
tragedies. South Carolina, in particular, although the home of Sumter,
and Marion, and Rutledge, was replete with tories, (royalists) who
spared no efforts to annoy the infant Republic, and play into the hands
of the British Government. South Carolina ratified the Constitution
May 23, 1788, but threatened to break the compact in 1832, and was
only prevented by the stern will of President Jackson. After this the
State did nothing worthy of note until December 20, 1860, when it
seceded from the Union, taking the lead in the great Rebellion. Present
population 703,708.
North Carolina ratified the Constitution November 21, 1789, and seceded
from the Union May 21, 1861. Population 992,622.
The Old Keystone State, and one of the most wealthy and prosperous
in the Union, was settled by the Quakers, under the direction of Wm.
Penn, at Philadelphia, in the year 1682. The founder of this colony
showed himself a philosopher, a philanthropist, a thorough political
economist, at the very commencement of his labors. He put the province
under the government of a Council of Three and a House of Delegates,
chosen by the freemen, who, according to his arrangement, were all
those who acknowledged the existence of one God. He pursued such a
course with the natives as won their confidence and esteem. No Quaker
was ever murdered by an Indian; and to this day the “sons of Wm. Penn”
are everywhere respected by the savage. The treaty Penn made with
the Indians was never violated. In framing the colonial government,
he provided for the largest religious liberty, allowing every one
to worship according to the dictates of his own conscience. Up to
1684, Delaware, as before mentioned, was included in Penn’s grant.
But about this time he procured a new charter, more strictly defining
the rights and limits of Pennsylvania, and Delaware was detached.
For seventy years prosperity smiled upon this colony, during much
of which time Penn was, according to the historian, its governor,
magistrate, preacher and teacher. It was troubled with no Indian wars
till 1754, when Penn’s example and teachings began to be forgotten. The
population, owing to a considerable influx from Sweden, Germany, and
some other countries, began, at a later date, to assume a more varied
aspect; and when the colonies rebelled against the mother country,
Pennsylvania contained sufficient “fighting” material to lend valuable
assistance to the cause of liberty.
She adopted the Constitution December 12th, 1787, since which time her
increase in wealth, and advancement in general improvement has been
almost without a parallel. Her vast coal fields and rich iron mines
constitute a source of eternal wealth. Upon the breaking out of the
rebellion of 1861, her position in favor of the Union was well defined.
Her population is 2,906,115.
General James Oglethorpe, and a company of twenty-one others, received,
in the year 1732, from George II, of England, a grant for all the land
between the Savannah and the Altamaha Rivers. In January, 1733, a
company of one hundred and fourteen men, women, and children, arrived
at Charleston, S. C., destined for Georgia. They were kindly treated by
the Charlestonians, and were greatly assisted by them in their labor
of forming a colony. The first laws made for the province by the
twenty-two grantees, prohibited the importation of rum, trade with
the Indians, and the use of negroes. They also provided that lands
should go back to the original owners in case the purchaser had no
male heirs. Although the first, second, and third of these provisions
were undoubtedly wholesome, the fourth was highly objectionable, and
tended very much to retard the progress of the colony. In the year
1740, General Oglethorpe, as commander-in-chief of the forces in
Georgia, at the head of two thousand men, invaded Florida with the
intention of forcibly annexing it to Georgia; but he was soon repelled
from the territory, and returned home bootless. The Spanish, in turn,
with two sail of vessels and three thousand men, invaded Georgia in
1742, and were likewise forced to return home thwarted. The progress
of this colony was for many years very slow; the people manifesting
that indolence and indifference which is still too prominent a
characteristic of Georgians. It was mainly on the side of freedom
during the revolution.
It ratified the Constitution January 9th, 1788. Since the Revolution,
the State has manifested but little life as compared with its sisters,
and its secession from the Union, May 19th, 1861, was followed by
speedy ruin.
The territory of which this State is composed began to be settled in
the year 1731, but was for some years considered as a part of New
Hampshire. It was also claimed at one time by New York, and a contest
arose between that State and New Hampshire, which was adjusted by the
King of England in a manner by no means satisfactory to the settlers.
The result was a quarrel between Vermont and the Crown, in which the
Green Mountain Boys, led by Col. Ethan Allen, resisted the officers
of justice, as well as the New York militia, who were called out to
sustain them.
The province appears not to have had even a territorial government
until 1777, at which time a convention of delegates met at Westminster,
and declared themselves an independent State, under the name of New
Connecticut. Previous to this time, however, they had rendered material
aid to the Revolution. In May, 1755, Col. Allen, at the head of two
hundred and seventy men, reduced Fort Ticonderoga and Crown Point,
and thus became complete masters of Lake Champlain. During the whole
period of the Revolution the State did good service in the cause of
liberty, although it remained independent. Some time subsequent to its
declaration of independence its name was changed to Vermont. As it was
not one of the original States, it did not ratify the Constitution,
but, upon application, was admitted to the Union during the second
session of Congress, in the year 1791. It has been a highly prosperous
State, and added much to the luster of the Union in its palmy days
of peace. It fully sustained its Revolutionary reputation at the
commencement of the Rebellion of 1861. Its population is 315,098.
Was settled, in the year 1775, by Daniel Boone and a number of
associates from North Carolina. The trials and adventures of these
hardy pioneers, and especially those of Boone, constitute one of
the most romantic leaves in the history of the West. For over two
years, previous to 1775, Boone was busily employed in surveying
Kentucky, building roads and forts. One of the latter he erected at
Boonesborough; to which place he removed his family, in 1775. Boone
said that his wife and daughter were the first white women who ever
stood on the banks of the Kentucky River. For a number of years after
Boone’s settlement, he and his associates experienced many difficulties
with the natives—Boone’s daughter being at one time captured by
the Indians, though shortly afterward rescued by her father. But,
notwithstanding the difficulties with the savages, the young territory
grew rapidly in population and wealth, and on June 1st, 1792, was
admitted to the Union. Having a fertile soil, and affording excellent
pasturage, she has far outstripped most of her slaveholding sisters in
general improvement.
Her position for some time after the commencement of the Rebellion was
by no means promotive of her prosperity. Owing to her attempt to
observe strict neutrality, she became the scene of many guerrilla
outrages, and has suffered, perhaps, more than any other State during
the struggle.
Her population is 1,115,684.
Was, for some time, a part of North Carolina. It was made a territorial
government in the year 1790, and was admitted into the Union in 1796.
The first permanent white inhabitants of Tennessee went there, in
the year 1775, and built Fort Louden, now in Blount County. They
were, in 1760, attacked by the savages, and two hundred persons were
massacred. But, in 1767, the natives were reduced to submission by
Colonel Grant, and a treaty was made with them, which encouraged
emigration. Settlements were formed on Holston River in 1765, which,
although frequently attacked by the Indians, made very fair progress.
Colonel John Sevier, with the Tennessee militia and a few Virginia
soldiers, gained a decisive victory over the savages, and, from this
time forward, though more or less harassed by the Indians, the progress
of the State, in population and improvement, was rapid. North Carolina
gave up the Territory in 1789, and, in 1790, Congress recognized it
as a separate province. It has great extent of territory, and, up to
1861, was considered as among the greatest of the agricultural States.
At this time, however, it was seduced by the voice of the siren,
Secession, and on the 24th of June, 1861, formally seceded from the
Union. It should be stated, however, in justice to the State, that the
eastern portion of it was generally loyal, and was only dragged out of
the Union by force. It has, since the Rebellion, been readmitted into
the Union.
Ohio was admitted to the Union on the 29th of November, 1802, the
State containing, at the time, 72,000 inhabitants—2,000 more than was
required in order to its admission. It was settled in the spring of
1788, one year after it, with a vast additional extent of North-western
territory, had been ceded, by Virginia, to the United States.
The year 1788 was a famous year for emigration. It witnessed the
passage of no less than 20,000 persons down the Ohio River. The company
which settled Ohio consisted of forty persons, under General Rufus
Putnam. They built a stockade fort at Marietta, of sufficient strength
to resist the attacks of the natives, cleared several acres of ground,
and planted a crop. They were joined by twenty additional families in
the autumn. Both these companies were New England people.
For a number of years they were not troubled by the savages, nor
did any of their number trouble the Indians, except in one or two
instances. The earliest settlers of Cincinnati arrived there, about
twenty in number in 1790. Until the year 1795, the attempts made to
settle most parts of Ohio were attended with great difficulties,
on account of Indian wars. Marietta, however, formed an exception
to this rule. After the great victory which General Wayne achieved
over the savages during Washington’s administration, the population
increased rapidly. Unembarrassed by any centralizing or aristocratic
institutions, possessed of the finest natural resources, and vitalized
by an enterprising population, Ohio, after its admission into the
Union, made an advancement of which any State might well be proud. In
population it is the third State in the Union, numbering 2,390,502.
At the breaking out of the Rebellion, Ohio took its position staunchly
for the Union, and has done much during the war for the restoration of
the authority of the Government over the seceded States.
Was ceded by Spain to France in the year 1802, and was bought by the
United States of the latter power, in 1803, at a cost of $15,000,000.
Governor Clayborne took possession of it the same year. It was settled
by the French, at Iberville, in 1699, and was admitted into the Union
April 8th, 1812. It is an important State, in that it holds the keys of
entrance to the mouth of the Mississippi. In the year 1860, nearly
one-half of its population was slave. It seceded from the Union on the
26th of January, 1861. Its population in 1860 was 708,002. It has been
a very forward State in the great Rebellion.
About the year 1690, a French settlement, the first in Indiana, was
made at Vincennes, that place being within the territory claimed, at
that time, by the French, upon priority of discovery by La Salle.
Indiana was long the residence of various Indian tribes, and the
theater of Indian wars. By the terms of the treaty of the peace of
1763, it, with the rest of the North-western Territory, was ceded to
Great Britain. It was still claimed by the Indians, but, by various
treaties, extensive tracts were obtained for settlement. The Indians,
however, retained possession of many parts of the State up to the year
1812, and to that portion known as the Indian Reserve, even later. It
was erected into a Territory in 1809, and on the 11th of December,
1816, was admitted into the Union. Its population—1,350,428, in
the year 1860—is an indication of its progress. In the matter of
education, Indiana is somewhat behind some of her Western sisters, but
her efforts in behalf of the Government during the great Rebellion
shall halo her future with glory.
The territory comprising the present States of Mississippi and Alabama
having been divided, that portion lying next the river was, in 1817,
admitted into the Union as a State, under the name Mississippi, while
the eastern portion was organized as a Territory, and named Alabama.
The whole of this territory was explored, first by Ferdinand De Soto,
and afterward by La Salle. It suffered greatly during the wars of the
Natchez Indians. The Choctaws, for a long time, retained possession
of the northern portion of it, and were, to some extent, civilized.
Mississippi was settled by the French, in 1716, at Natchez. Its
population—791,305—shows fair progress. On the 9th of January, 1861,
it went the way of the seceding States, since which time, its course,
like theirs, has been downward.
This most thriving and prosperous State came into the Union on the 3d
of December, 1818. Until 1809 it was a part of Indiana, at which time
it became a separate territory, and so remained till received into
the Union. This State has been little disturbed by civil divisions or
by Indian wars. Its most serious troubles arose from the appearance,
within its borders, of the Mormons, in 1838, and from attempts made to
curb their irregularities. This singular people, believing themselves
to be ill-treated, assembled to the number of 700, under their leaders,
in a remote part of the State, and proposed fighting for their rights.
But a body of three hundred troops marched against and captured them.
The whole sect was ultimately reduced to submission, and banished
the State. It was explored by La Salle, and settled by the French at
Kaskaskia,[4]
in 1720. Its growth has been immense. Its population, in 1860, was
1,711,951. Its history has been one of the most glorious of the loyal
States during the great Rebellion.
Was admitted to the Union on the 14th of December, 1819. It has a deep,
rich soil, and in many places a healthful climate. It remained till
the Revolution a mere hunting-ground of the savages. From the peace of
1783 to 1802 it was claimed by Georgia, and lands were sold to settlers
and speculators accordingly. In the year 1802, Georgia ceded all her
western territory to the United States for $1,250,000. In 1800, the
present State of Alabama became a part of Mississippi Territory, from
which it was separated when Mississippi became a State. It was settled,
in 1711, at Mobile, by the French, being a part of the territory
explored by La Salle in his Mississippi tour. It formally seceded from
the Union, January 11, 1861.
In the year 1638, the same year in which New Haven was settled,
Ferdinand Gorges procured a charter of the King of England for all
the lands from the borders of New Hampshire, on the south-west, to
Sagadahoc, on the Kennebeck River, on the north-east, under the name
of the Province of Maine. It remained a separate province till 1652,
when it became a part of Massachusetts. Various attempts were made,
between 1785 and 1802 to form it into an independent State; but these
efforts failed. In 1819 a large majority of the people were in favor of
separating from Massachusetts. A convention was called, a Constitution
prepared and adopted, and, in 1820, Maine was received into the Union.
It is, by no means, an agricultural State, but its extensive fisheries
and great lumber trade have greatly enriched it, and its progress in
morality has, perhaps, been superior to that of any other State. It is
the only State in the Union that has an efficient prohibitory liquor
law. It proved itself true to the Government in 1861, and there is no
danger of its ever ceasing to be so.
It was settled in 1625, at Bristol, by the English. Its population is
628,279.
This great, though crippled, State was admitted into the Union on the
10th of August, 1821. It, with all the territory then belonging to the
United States, west of the Mississippi, was included in the purchase of
Louisiana, made in 1803. Louisiana afterward was divided into Orleans
Territory, Louisiana proper, and Missouri Territory. In 1819, Missouri
Territory was divided into Arkansas, on the south, and Missouri on the
north; and it was about this time that the latter took the requisite
steps toward framing a State Constitution. It will be remembered that
this is the State, the discussion of the propriety of the admission of
which raised such a storm in Congress in 1820.
Being a border slave State, it was nearly equally divided on the
question of secession in 1861, and thus, like Kentucky, has been
overrun by both Southern and Northern troops during the Rebellion, and
has been the scene of much bloodshed and ruin. It was settled in 1764,
at St. Louis, by the French. Its population is 1,182,012.
The Peninsular States, discovered and explored by Ponce de Leon, a
voyager with Columbus, and whose name was suggested to the discoverer
by the abundance and beauty of its wild flora, was, from 1512 to 1819,
with the exception of the interval between 1763 and 1783, a province
of Spain. The first attempt to settle it was made in the year 1565,
at St. Augustine, which is said to be the oldest town in America, by
the Spaniards. This effort was attended with many difficulties, the
colonists contending, for the first few years, alternately with the
horrors of savage warfare and famine, at times being forced to subsist
on roots and acorns. In 1819 it was transferred to the United States
by treaty, which treaty was, after much delay, ratified by Spain, and
with still more delay by the United States. Possession of the colony
was granted the Government in July, 1821. The territory contained, in
1840, a population of 54,477, and on the 3d of March, 1845, became a
State, and was received into the Union. Florida was the theater of the
Seminole war, which cost the United States so much blood and treasure.
It went the way of the seceding States, January 7th, 1861. Florida,
like the Indian’s gun, has “cost more than she has come to.” Her
population in 1860, was 140,425.
This State lies South of Missouri, and was once attached to it. It has
a fine climate and prolific soil. The first settlement of whites within
its limits was made at Arkansas Post, in the year 1685. The earlier
inhabitants were French. Its progress, for many years, was very slow.
It was not till about the year 1829 that the tide of emigration began
to flow from the Atlantic States in that direction. Little Rock, the
early seat of government and the present capital, was laid out in the
year 1820, during which year the first steamboat ascended the Arkansas
River. The boat was eight days in going from New Orleans to the village
of Arkansas—a distance of scarcely one hundred miles above the mouth
of the Arkansas River. The State once contained the remnants of several
powerful tribes of Indians. By a treaty made between the Cherokees and
the United States, the former agreed to give up all their lands east of
the Mississippi River, and to retire to a region guaranteed to them in
the present State of Arkansas.
The State was admitted into the Union on the 15th of June, 1836. It
seceded May 6th, 1861, and has since been the retreat of guerrillas,
and the scene of some sanguinary battles.
Was admitted into the Union January 26th, 1837. It had the requisite
population (60,000) before this, but there were some difficulties
in the way of its admission. In 1837 it contained 200,000; in 1840,
212,267, and in 1850, 851,470. The territory, when first discovered by
the whites, contained a tribe of Indians called Hurons by the French,
and Iroquois by the Indians themselves. Many of them were converted to
Christianity, by the untiring labors of Catholic missionaries, as early
as 1648. It was not, however, till 1670 that the French took possession
of the territory. It was a portion of the extensive tract explored by
the assiduous, daring La Salle. Its progress, while it belonged to the
French, was very slow. It was not until 1763, when, by treaty, it was
ceded to Great Britain, that much was done in the way of civilizing and
improving it. Comparatively little, in fact, was done until 1783, when
the territory was ceded by England to the United States. Until 1800 it
was, for purposes of Government, considered a part of the Great
North-western Territory. After Ohio, Indiana, and Illinois had
been severally detached, the remainder, in 1805, became a distinct
territory, the first Governor of which was General Hull, by appointment
of President Jefferson. Michigan suffered much from the war of 1812.
For about two years nearly the whole territory was the theater of
sanguinary conflicts. It was exposed to the barbarity of the enemy and
their Indian allies. Since then, however, its enterprising inhabitants
have brought it up to a degree of improvement which few States of its
age can boast. Its strength was offered the Government in 1861, and it
continues as well as it began. Its population, in 1860, was 749,113.
This State derives its name from the Indians. It was included in the
Louisiana purchase. It was first settled at Dubuque, by the French,
in the year 1686. This settlement, however, does not seem to have
been permanent, nor productive of any real good to the territory. In
1833 Burlington was settled by emigrants from the eastern States. It
formed a part of Missouri from 1804 to 1821, when it was included in
Michigan Territory. It subsequently belonged to Wisconsin Territory. It
was admitted into the Union March 3d, 1845. It is a highly prosperous
State, having a vast extent of rich soil and excellent pasturage.
It is faithful to the Union; placed itself in the front rank at the
commencement of the Rebellion.
The territory of Texas was explored by Ponce de Leon and La Salle.
After Mexico became independent of Spain, a grant which had been
made to Moses Austin, a native of Connecticut, comprising a large
tract of this province, was confirmed by the new Republic; and, being
transferred by Moses Austin, at his death, to his son, Stephen, was
subsequently enlarged by a further grant. Emigration from the United
States was encouraged, and in 1830 nearly ten thousand Americans were
settled in Texas. The prosperity of these inhabitants excited the
jealousy of Mexico, and under the administration of Santa Anna, an
unjust, oppressive policy was adopted toward Texas. Remonstrance
proving useless, the people of the territory declared themselves
independent. The revolution began in 1835, by a battle at Gonzales, in
which five hundred Texans defeated over one thousand Mexicans. Other
engagements followed, the result of which was the dispersion of the
Mexican army. Santa Anna now redoubled his efforts, and appearing in
March, 1835, with a force of eight thousand men, several bloody battles
followed. On the 21st of April, having under his immediate command one
thousand and five hundred men, he was met by General Sam. Houston,
with eight hundred men, and totally defeated, on the banks of the San
Jacinto. Santa Anna himself was captured the next day in the woods,
when he acknowledged the independence of Texas, though the Mexican
Congress refused to ratify the act. Active hostilities, however, were
now abandoned, and the independence of Texas was acknowledged by the
United States, Great Britain, and other European countries. It was in
this condition of things that Texas was annexed to the United States.
On the 24th of December, 1845, it was admitted into the Union, which
act was ratified by the Texan Legislature, July 4th, 1846. But Mexico,
still regarding Texas as a revolted province, refused to acknowledge
the validity of this measure. The result was a war between Mexico and
the United States, which terminated on the 2d of February, 1848, in a
treaty by which the latter power, in consideration of the payment of a
debt of $3,500,000, due from Mexico to the citizens of Texas, acquired
New Mexico, Texas, and California. The progress of Texas from this time
till the eve of the great Rebellion, was almost unprecedented, no less
than twenty-five thousand Germans having emigrated to that State in
five years’ time. These, however, owing to the jealousy aroused against
them by their having demonstrated the superiority of free labor,
even in a slave State, were obliged to migrate to Mexico in the year
1860. By this and other oppressive acts on the part of the advocates
of slavery, Texas, purchased by the blood and treasure of the United
States, was driven into the whirlpool of secession, March 4th, 1861.
Its population, in 1860, was 604,215. The first settlement within its
borders was made by the Spaniards, at St. Antonia de Bexar, in 1690.
Was admitted into the Union May 29th, 1848. It was a part of the
extensive territory ceded by France to Great Britain in the treaty of
1763. At the close of the Revolution it was given up by Great Britain
to the United States. It was erected into a territory in 1836, the
portion now forming the State of Iowa being detached in 1838. Its
natural resources are extraordinary, the climate being very healthful,
and the soil unsurpassed in fertility. It was settled in the year 1669,
at Green Bay, by the French. It is thoroughly loyal to the Union. In
1860, it had a population of 775,881.
Lies north of Iowa, and extends to the Canadian boundary. On the
north-east it touches Lake Superior, and, to the west, is bounded by
Dakotah Territory. It comprises the head waters of the Mississippi,
and abounds in rivers and lakes, teeming with fish. Its soil is highly
prolific, and its forests are among the finest in the world. Its name
is derived from Minnisotah, the Indian name of St. Peter’s River.
Primarily discovered by La Salle, it, for some years, belonged to the
French, and at a very early period was traversed by their traders and
soldiers. It was ceded to Great Britain by the treaty of 1763, and
to the United States at the peace of 1783. It received a territorial
government in 1849, and was admitted into the Union in May, 1858. It
has still, within its borders, several bands of the Chippewas, with
whom considerable trouble has been experienced since the breaking out
of the rebellion. It is, however, a thrifty, growing State, and is
thoroughly loyal. It was settled in 1846, at St. Paul, by emigrants
from the eastern States.
Was admitted into the Union in the year 1859. It, primarily, included
Washington Territory, and, with the latter, comprised the extensive
tract lying between the British Possessions, on the north, and
California, on the south; the Rocky Mountains, on the east, and the
Pacific Ocean, on the west. The coasts of this region were discovered
by the Spaniards in the 16th century. In 1792, Capt. Grey, of Boston,
discovered and entered the Columbia River, and thus the United States
acquired the right of sovereignty over the territory. The exploration
of the country from the Missouri to the Columbia, by Lewis and Clark,
government appointees, in 1804-5-6, strengthened this claim. The
British, however, laid claim to the northern part of the territory,
which gave rise to a threatening dispute between Great Britain and
the United States. But the difficulty was adjusted by a treaty in
1846, establishing the boundary of 49°, north latitude. The State
still contains the Flathead, Pend Oreille, Spokane, Shoshane, and
other tribes of Indians, who are, for the most part, in the savage
state, though the Christian missionaries have done much in the way of
civilizing a portion of them. The furs of this region, those of the
badger, beaver, bear, fisher-fox, lynx, martin, mink, muskrat, etc.,
have long been a great source of revenue.
The American fur companies established trading posts in Oregon at an
early period, that of Astoria being founded in 1810, under the auspices
of the late John Jacob Astor, of New York. It was settled, at Astoria,
by emigrants from the Eastern States, in the year 1811. Its population
amounted to 52,465 in 1860.
About the development of this young State cluster some of the most
important events of American history. Its territorial organization,
by the passage of the Kansas-Nebraska Bill, in 1854, reopened the
agitation of the slavery question, which seeming to have acquired fresh
vigor and virulence from the sleep it had enjoyed under the Missouri
Compromise, thoroughly aroused the old animosities between the pro and
antislavery elements of our national politics. From 1854 to 1857 it
was the theater of political tragedies, the bare mention of which may
well put the blush of shame upon even the most fool-hardy partisan;
and the historian has well said that these dire afflictions might have
been expected when the bill organizing Kansas Territory was passed.
No sooner was it decided that this territory was open alike to the
abolitionist and the slave-holder, than the Emigrant Aid Societies
of New England and the pro-slavery organizations of the South began
pouring streams of settlers into it of opposite political views,
entertaining the most hostile feelings, each party toward the other;
and, as the legitimate result, came a civil war, which lasted about
two years, and which, in some of its incidents would have shamed even
savages.
The Territory made application to Congress, in 1857, for a place in
the Union, but the Constitution under which it asked admission (the
one framed at Lecompton) was known to be a fraudulent affair, and
hence Kansas was rejected. The discussion of this Constitution caused
a permanent division of the Democratic party. The Constitution was
rejected by the people of Kansas by a majority of 10,000. Kansas
was, however received into the Union, in 1861, under a free State
Constitution, formed at Topeka.
Was admitted into the Union on the 7th of September, 1850. The alarming
discussion which occurred upon the question of admission was what
gave rise to the compromise measures of 1850, popularly styled the
Omnibus Bill. The measures are presented in detail in another
part of this work.
General Fremont, with a small but dauntless band of rangers, conquered
California in 1846, having defeated, on frequent occasions, vastly
superior forces of Mexicans. Its resources as a farming country early
attracted attention. But when, in February, 1848, it was published that
gold in quantities had been found on a branch of the Sacramento, the
swarm of emigrants which rushed in, comprising representatives from
every State in the Union, and from nearly all the nations of Europe,
was almost incalculable. From a small village, San Francisco was
rapidly inflated to a large city. In many places towns sprang up like
mushrooms. Owing to the fact that its population had been thrown
hastily together, from so many places, and in consequence of the want
of a government, California was, for some time, the scene of many dark
crimes and hideous outrages. Never was the want of wholesome legal
restraint more keenly felt than here. The Constitution of California
was framed by a convention of delegates in 1849. It took a firm stand
for the Union in 1861. The first settlement, within its limits, was
made at San Diego, by the Spanish, in 1764. It furnishes annually to
the Government, seventy to eighty millions of dollars in gold.
On Virginia’s passing the ordinance of secession, mass meetings were
immediately held in West Virginia, to take into consideration the best
means of preserving their allegiance to the United States. A convention
of nearly five hundred delegates assembled there early in May, 1861,
which declared the ordinance of secession to be null and void, and
elected delegates to a general convention, to meet at Wheeling, to
devise such measures as the welfare of the people might demand. On the
20th of August, 1861, the convention passed an ordinance to provide
for the formation of a new State out of a portion of the territory of
Virginia. In compliance with its provisions, delegates were elected
to a constitutional convention, which assembled at Wheeling, November
26, 1861, which proceeded to draft a Constitution, which was submitted
to the people on the first Thursday of April, 1862. The vote in favor
was 18,862; that against 514. On the 31st of December, 1862, Congress
passed an act admitting West Virginia into the Union on an equal
footing with the original States, in all respects whatever, allowing
them three members in the House of Representatives of the United
States. On the 1st of November, 1862, the State had furnished to the
Federal Army nearly 20,000 men.
This Territory having formed a State Constitution, under an enabling
act previously passed by Congress, was admitted as a member of the
Federal Union, on an equal footing with the original States. The
State convention was held at so late a period of the year, that it
was necessary to telegraph the Constitution to Washington, in order
that it might be received there in time to secure the admission of
the State previous to the Presidential election. Immediately upon its
reception, President Lincoln issued a proclamation, dated October
31st, A. D. 1864, in which he “declared and proclaimed that the said
State of Nevada is admitted into the Union, on an equal footing with
the original States,” etc. The vote of the State at the Presidential
election, in 1864, was 16,420—of which Mr. Lincoln received 9,826,
and General McClellan 6,594. Majority for Mr. Lincoln, 3,232. This
new State is probably the richest in the Union in respect to mineral
resources. No region in the world is richer in argentiferous leads.
Her silver mines are her great source of wealth. The Washoe region
maintains the preëminence in these mineral resources.
Nebraska was organized into a Territory in 1850. The first settlers
were Americans. In the last few years it has increased in wealth
and population more rapidly than any of the adjoining States or
Territories. Probably the chief cause of this has been occasioned by
the Pacific Railroad passing directly through the State from east to
west. It is impossible, at the present time, to estimate the advantage
it will be to the State in developing its resources. The value of its
minerals in the western portion of the State is incalculable. It has
fair prospects of becoming one of the richest mineral and agricultural
States in the Union. Omaha, the capital, is a city of considerable
commercial importance, being located at the junction of the Missouri
River and the Pacific Railroad. In 1866, the Territory applied for
admission into the Union, but, on account of the word “white” being
used in its Constitution, it was rejected. The word was then stricken
out, after which it was admitted, February, 1867—the bill for
admission having been passed over the President’s veto.
MARTIN VAN BUREN.
GEORGE WASHINGTON,
THE FIRST PRESIDENT OF THE UNITED STATES.
The most exemplary character, perhaps, that ever adorned any era in
history, and who received in his life-time the noble appellations of
“the Founder of a Republic,” and “the Father of his Country,” was
born in the county of Westmoreland, Virginia, on the 22d of February,
1732. His early instruction was domestic and scanty, but full of good
discipline and sound principles; and as his father died when he was
only ten years old, he had no subsequent opportunities for acquiring
a thorough literary or scientific education. However, as his mind
was naturally mathematical and philosophical, he prepared himself
to be useful to his fellow-citizens as a civil engineer; and as the
country was wild, and much of it then unsurveyed, he occasionally
found agreeable and profitable employment in surveying different parts
of his native State. He also directed much of his attention to the
science of arms, in the use of which every young man was instructed,
in order to repel the incursions of the Indians, who were often led on
by skillful Frenchmen. At the age of nineteen, he was appointed one of
the adjutant-generals of Virginia, which gave him the rank of major,
and soon after he was advanced to a colonelcy, and sent by Governor
Dinwiddie to the Ohio with dispatches to the French commander, who was
erecting fortifications from Canada to New Orleans, in violation of
existing treaties. The Governor was so much pleased with the faithful
discharge of this duty, that he ordered his journal, which extended
to only eighty days, to be printed; but, small as it was, it afforded
evidence of great sagacity, fortitude, and a sound judgment, and firmly
laid the foundation of his future fame.
In the spring of 1755, Washington was persuaded to accompany General
Braddock as an aid, with the rank of Colonel, in his disastrous
expedition against Fort Du Quesne; and had his advice been followed on
that occasion, the result would have been different.
ELECTORAL VOTES FOR PRESIDENT AND VICE-PRESIDENT OF THE UNITED STATES.
Election for the First Term, commencing March 4, 1789, and
terminating March 3, 1793.
A
STATES.
B
C
D
E
F
G
H
J
K
L
M
N
5
New Hampshire
5
5
10
Massachusetts
10
10
7
Connecticut
7
5
2
6
New Jersey
6
1
5
10
Pennsylvania
10
8
2
3
Delaware
3
3
6
Maryland
6
6
10
Virginia
10
5
1
1
3
7
South Carolina
7
1
6
5
Georgia
5
2
1
1
1
69
Whole No. Electors
69
34
2
9
4
6
3
6
2
1
1
1
Majority35
COLUMN HEADINGS:
(A) = No. of Electors from each State.
(B) = George Washington, of Virginia.
(C) = John Adams, of Massachusetts.
(D) = Samuel Huntington, of Connecticut.
(E) = John Jay, of New York.
(F) = John Hancock, of Massachusetts.
(G) = F R. H. Harrison, Maryland.
(H) = George Clinton, of New York.
(J) = John Rutledge, of South Carolina.
(K) = John Milton, of Georgia.
(L) = James Armstrong, of Georgia.
(M) = Edward Telfair, of Georgia.
(N) = Benjamin Lincoln, of Massachusetts.
The first Congress under the Constitution was convened at the
“Federal Hall,” situated at the head of Broad, fronting on Wall street,
(where the Custom House now stands,) in the city of New York, on the
first Wednesday, being March 4, 1789—Senators and Representatives
having been elected from the eleven States which had ratified the
Constitution; but, owing to the absence of a quorum, the House was not
organized till the 1st of April, and, for a like reason, the Senate
was not organized till the 6th; when the latter body “proceeded by
ballot to the choice of a President, for the sole purpose of opening
and counting the [electoral] votes for President of the United States.”
John Langdon, of New Hampshire, was chosen President pro tem. of
the Senate, and Samuel Alyne Otis, of Massachusetts, Secretary; after
which, proper measures were taken to notify the successful individuals
of their election.
George Washington took the oath of office, as President, and entered
upon his duties April 30, 1789.
John Adams, Vice-President, entered upon his duties in the Senate
April 21, 1789, and took the oath of office June 3, 1789.
Election for the Second Term, commencing March 4, 1793,
and terminating March 3, 1797.
A
STATES.
B
C
D
E
F
6
New Hampshire
6
6
16
Massachusetts
16
16
4
Rhode Island
4
4
9
Connecticut
9
9
3
Vermont
3
3
12
New York
12
12
7
New Jersey
7
7
15
Pennsylvania
15
14
1
3
Delaware
3
3
8
Maryland
8
8
21
Virginia
21
21
4
Kentucky
4
4
12
North Carolina
12
12
8
South Carolina
8
7
1
4
Georgia
4
4
132
Whole No. Electors
132
77
50
4
1
Majority67
COLUMN HEADINGS:
(A) = No. of Electors from each State.
(B) = George Washington, of Virginia.
(C) = John Adams, of Massachusetts.
(D) = George Clinton, of New York.
(E) = Thomas Jefferson, of Virginia.
(F) = Aaron Burr, of New York.
George Washington, re-elected President, took the oath of office for a
second term, and entered upon his duties March 4, 1793.
John Adams, re-elected Vice-President, took the oath of office, and
entered upon his duties in the Senate December 2, 1793.
After the expiration of his second Presidential term, Washington
retired to the tranquil shades of Mount Vernon, fondly indulging the
hope that the remainder of his days would be peacefully enjoyed in his
much cherished home; but these pleasing anticipations were not allowed
to remain long undisturbed. In 1798 the conduct of the French Directory
and its emissaries led to frequent difficulties with this country,
which were calculated to provoke a war; and the opinion was universally
entertained that he who had formerly so well acquitted himself, must
be again called to the command of our armies. Accordingly, early in
July, the rank and title of “Lieutenant-General and Commander-in-Chief
of all the armies raised, or to be raised, in the United States,” was
conferred upon him; and the Secretary of War, Mr. McHenry, immediately
waited upon him to tender the commission. In a letter to President
Adams, accepting this “new proof of public confidence”, he makes a
reservation that he shall not be called into the field until the army
is in a situation to require his presence, and adds: “I take the
liberty also to mention, that I must decline having my acceptance
considered as drawing after it any immediate charge upon the public,
and that I cannot receive any emoluments annexed to the appointment,
before entering into a situation to incur expense.”
Three years afterward (1758) Washington commanded the Virginians in
another expedition against the fort, which terminated successfully. At
the close of this campaign he left the army, and was soon after married
to Mrs. Martha Custis (the widow of Colonel Daniel Parke Custis), whose
maiden name was Dandridge, and whose intelligent and patriotic conduct,
as wife and widow, will ever be gratefully remembered in American annals.
In 1759, he was elected to the House of Burgesses, and continued to
be returned to that body, with the exception of occasional intervals,
until 1774, when he was sent to represent Virginia in the Continental
Congress. His well-tempered zeal and military skill, which enabled him
to suggest the most proper means for national defense, if the country
were urged to extremities, soon fixed all eyes upon him, as one well
qualified to direct in the hour of peril; and accordingly, after the
first scene of the revolutionary drama was opened at Lexington and
Concord, and an army had concentrated at Cambridge, he was, on the 15th
of June, 1775, unanimously appointed Commander-in-Chief of the American
forces. The self-sacrificing spirit which governed his future course is
too well known to require any elucidation.
After bringing the war to a successful termination, he hastened to
Annapolis, where Congress was then in session, and on the 23d of
December, 1783, formally resigned his commission.
In May, 1787, he was elected to the Convention which met at
Philadelphia for the purpose of forming a Constitution, and was at once
called upon to preside over its deliberations. After that admirable
instrument was adopted by the people, he was unanimously elected the
first President of the United States for four years; at the expiration
of which he was unanimously reëlected for a second term.
On the 12th of December, 1799, he was seized with an inflammation in
the throat, which grew worse the next day, and terminated his life on
the 14th, in the 68th year of his age.
JOHN ADAMS,
THE SECOND PRESIDENT OF THE UNITED STATES,
And whose fame as a patriot and statesman is imperishable, was born
at Braintree, Massachusetts, October 19, 1735. He early displayed
superior capacity for learning, and graduated at Cambridge College with
great credit. After qualifying himself for the legal profession, he
was admitted to practice in 1761, and soon attained that distinction
to which his talents were entitled. From the commencement of the
troubles with Great Britain, in 1769, he was among the most active
in securing the freedom of his country. Being elected to the first
Continental Congress, he took a prominent part in all the war measures
that were then originated, and, subsequently, suggested the appointment
of Washington as commander-in-chief of the army. He was one of the
committee which reported the Declaration of Independence, in 1776, and
the next year visited France, as commissioner, to form a treaty of
alliance and commerce with that country. Although the object had been
accomplished before his arrival, his visit had, otherwise, a favorable
effect on the existing position of affairs; and he was afterward
appointed to negotiate a treaty of peace with Great Britain, which,
after many laborious and fruitless efforts, was finally accomplished
in 1783. In 1785, he was sent to England as the first minister from
this country, and, on his return, was elected first Vice-President, in
which office he served two terms, and was then, in 1797, elected to
succeed Washington as President. Many occurrences tended to embarrass
his administration and to render it unpopular; but it is now generally
admitted to have been characterized by patriotism and vigor equal
to the emergencies which then existed. His political opponents,
however, managed to defeat his reëlection, and he was succeeded in
the Presidency by Mr. Jefferson, in 1801; after which he retired to
his farm at Quincy, where his declining years were passed in the
gratification of his unabated love for reading and contemplation,
and where he was constantly cheered by an interesting circle of
friendship and affection. The semi-centennial anniversary of American
Independence (July 4, 1826) was remarkable, not merely for the event
which it commemorated, but for the decease of two of the most active
participants in the measures by which independence was achieved. On
that day, Adams and Jefferson were both gathered to their fathers,
within about four hours of each other, “cheered by the benediction of
their country, to whom they left the inheritance of their fame and the
memory of their bright example.”
Election for the Third Term, commencing March 4, 1797, and
terminating March 3, 1801.
A
STATES.
B
C
D
E
F
G
H
J
K
L
M
N
O
6
New Hampshire
6
6
16
Massachusetts
16
13
1
2
4
Rhode Island
4
4
9
Connecticut
9
4
5
4
Vermont
4
4
12
New York
12
12
7
New Jersey
7
7
15
Pennsylvania
1
14
2
13
3
Delaware
3
3
11
Maryland
7
4
4
3
2
21
Virginia
1
20
1
1
15
3
1
4
Kentucky
4
4
12
North Carolina
1
11
1
6
3
1
1
8
South Carolina
8
8
1
4
Georgia
4
4
3
Tennessee
3
3
139
No. of Electors
71
68
59
30
15
11
5
7
2
3
2
1
2
Majority70
COLUMN HEADINGS:
(A) = No. of Electors from each State.
(B) = John Adams, of Massachusetts.
(C) = Thomas Jefferson, of Virginia.
(D) = Thos. Pinckney, of South Carolina.
(E) = Aaron Burr, of New York.
(F) = Samuel Adams, of Massachusetts.
(G) = Oliver Ellsworth, of Connecticut.
(H) = John Jay, of New York.
(J) = George Clinton, of New York.
(K) = S. Johnston, of North Carolina.
(L) = James Iredell, of North Carolina.
(M) = Geo. Washington, of Virginia.
(N) = C. C. Pinckney, of South Carolina.
(O) = John Henry, of Maryland.
John Adams, elected President, took the oath of office, and entered
upon his duties, March 4, 1797.
Thomas Jefferson, elected Vice-President, took the oath of office, and
entered upon his duties in the Senate, March 4, 1797.
The administration of Mr. Adams encountered the most virulent
opposition, both domestic and foreign. France, still in the confusion
following her revolution, made improper demands on our country, which
not being complied with, she commenced seizing American property on
the high seas. Our people, taking different sides, were about equally
divided—some approving and others deprecating the course pursued by
France. Letters of marque and reprisal were issued by our government,
and a navy was raised with surprising promptitude. This had the desired
effect, peace being thereby secured; and the aggressor was taught that
the Americans were friends in peace, but were not fearful of war when
it could not be honorably averted.
The Indians on our western frontiers also caused much trouble; but at
length, being severely chastised by General Wayne, they sued for peace,
which was granted in 1795.
In 1800 the seat of government was removed from Philadelphia to
Washington City, which had been designated by Washington, under a law
of Congress, as the most central situation.
As has been noticed elsewhere, Mr. Adams deemed it prudent, in the
early part of his administration, when impending difficulties with
France seemed to render war inevitable, to offer Washington the
commission of Lieutenant-General and Commander-in-Chief of the army,
which he accepted as a matter of duty, and held until his death, but
fortunately never found it necessary to take the field.
THOMAS JEFFERSON,
THE THIRD PRESIDENT OF THE UNITED STATES,
Was born at Shadwell, Albemarle County, Virginia (near Monticello,
the seat where he died), April 13, 1743. He was educated at William and
Mary’s College, and graduated with distinction when quite young. He
was a great lover of learning, and particularly of natural philosophy.
With the celebrated George Wythe, he commenced the study of the law,
and became a favorite pupil. Mr. Jefferson was never distinguished as
an advocate, but was considered a good lawyer. Soon after he came to
the bar he was elected a member of the House of Burgesses, and, in that
body, was duly appreciated for his learning and aptitude for business.
He at once took fire at British oppression, and, in 1774, he employed
his pen in discussing the whole course of the British ministry. The
work was admired, and made a text book by his countrymen. In June,
1775, he took his seat in the Continental Congress, from Virginia.
In that body he soon became conspicuous, and was considered a firm
friend of American liberty. In 1776, he was chosen chairman of the
committee that drafted the Declaration of Independence. This instrument
is nearly all his own, and was sanctioned by his coadjutors, with
few alterations. In 1778, Mr. Jefferson was appointed embassador to
France, to form a treaty with that government, but ill-health prevented
his accepting this office. He succeeded Patrick Henry, in 1779, as
Governor of Virginia, and continued in that station two years. In 1781
he composed his notes on Virginia. In 1783 he was sent to France to
join the ministers of our country, Mr. Adams and Dr. Franklin. In 1785
he succeeded Dr. Franklin as embassador, and continued performing the
duties of that office for two years, when he retired, and returned
home. In 1789 he was made Secretary of State, under Washington, in
which situation he was highly distinguished for his talents. This
station he resigned in 1793, and retired to private life. In 1797 he
was elected Vice-President of the United States, and took his seat as
President of the Senate, on the following 4th of March. In 1801, he
was President of the United States, which office he held for eight
years. After completing his second term, he retired to private life,
in which he spent his days in philosophical pursuits, until the 4th
of July, 1826, when he expired, just fifty years after penning the
Declaration of Independence. His course was one of his own. Never lived
there a politician who did more than Thomas Jefferson to bring his
fellow-citizens to his own opinions.
Election for the Fourth Term, commencing March 4, 1801,
and terminating March 3, 1805.
A
STATES.
B
C
D
E
F
6
New Hampshire
6
6
16
Massachusetts
16
16
4
Rhode Island
4
3
1
9
Connecticut
9
9
4
Vermont
4
4
12
New York
12
12
7
New Jersey
7
7
15
Pennsylvania
8
8
7
7
3
Delaware
3
3
10
Maryland
5
5
5
5
21
Virginia
21
21
4
Kentucky
4
4
12
North Carolina
8
8
4
4
3
Tennessee
3
3
8
South Carolina
8
8
4
Georgia
4
4
138
No. of Electors
73
73
65
64
1
Majority70
COLUMN HEADINGS:
(A) = No. of Electors from each State.
(B) = Thomas Jefferson, of Virginia.
(C) = Aaron Burr, of New York.
(D) = John Adams, of Massachusetts.
(E) = C. C. Pinckney, of South Carolina.
(F) = John Jay, of New York.
The electoral vote for Thos. Jefferson and Aaron Burr being equal, no
choice was made by the people, and on the 11th of February, 1801, the
House of Representatives proceeded to the choice of President in the
manner prescribed by the Constitution. On the first ballot eight States
voted for Thos. Jefferson, six for Aaron Burr, and the votes of two
States were divided. The balloting continued till the 17th of February,
when the thirty-fifth ballot, as had all previously, resulted the same
as the first. After the thirty-sixth ballot, the Speaker declared that
the votes of ten States had been given for Thos. Jefferson, the votes
of four States for Aaron Burr, and the votes of two States in blank;
and that, consequently, Thomas Jefferson had been elected for the term
of four years.
Thomas Jefferson, thus elected President, took the oath of office, and
entered upon his duties, March 4, 1801.
In his inaugural address, Mr. Jefferson used the following memorable
expression: “We have called by different names brethren of the same
principle. We are all republicans: we are all federalists. If there
be any among us who would wish to dissolve this Union, or to change
its republican form, let them stand, undisturbed, as monuments of
the safety with which ERROR OF OPINION MAY BE
TOLERATED, WHERE REASON IS LEFT FREE TO COMBAT IT.”
Aaron Burr, elected Vice-President, took the oath of office, and
entered upon his duties in the Senate, March 4, 1801.
Election for the Fifth Term, commencing March 4, 1805,
and terminating March 3, 1809.
A
STATES.
PRESID’T.
V. PRES’T.
B
C
D
E
7
New Hampshire
7
7
19
Massachusetts
19
19
4
Rhode Island
4
4
9
Connecticut
9
9
6
Vermont
6
6
19
New York
19
19
8
New Jersey
8
8
20
Pennsylvania
20
20
3
Delaware
3
3
11
Maryland
9
2
9
2
24
Virginia
24
24
14
North Carolina
14
14
10
South Carolina
10
10
6
Georgia
6
6
5
Tennessee
5
5
8
Kentucky
8
8
3
Ohio
3
3
176
Whole No. of Electors
162
14
162
14
Majority89
COLUMN HEADINGS:
(A) = No. of Electors from each State.
(B) = Thomas Jefferson, of Virginia.
(C) = Charles C. Pinckney, of South Carolina.
(D) = George Clinton, of New York.
(E) = Rufus King, of New York.
Thomas Jefferson, elected President, took the oath of office for a
second term, and entered upon his duties March 4, 1805.
George Clinton, elected Vice-President, took the oath of office, and
entered upon his duties in the Senate, March 4, 1805.
Among the most important acts of Mr. Jefferson’s administration was
the purchase of Louisiana from France for $15,000,000, which territory
was surrendered to our Government in December, 1803.
In November, 1808, the celebrated “Orders in
Council” were issued by the British Government, which prohibited
all trade with France and her allies; and, as a retaliatory measure,
in December following Bonaparte issued his “Milan
Decree,” interdicting all trade with England and her
colonies—thus subjecting almost every American vessel on the ocean
to capture. In requital for these tyrannous proceedings, and that
England and France might both feel their injustice, Congress decreed
an embargo; but as this failed to obtain from either power an
acknowledgment of our rights, and was also ruinous to our commerce with
other nations, it was repealed in March, 1809.
JAMES MADISON,
THE FOURTH PRESIDENT OF THE UNITED STATES,
Was born in Orange County, Virginia, March 16, 1751. His studies,
preparatory to entering Princeton College, were pursued under the most
favorable circumstances, he being provided with the most accomplished
instructors, and he graduated with high honor in 1771. On returning
to Virginia, he zealously commenced the study of the law, which he
subsequently abandoned for political life.
In 1776, he was elected to the General Assembly of Virginia, and from
this period, for more than forty years, he was continually in office,
serving his State and his country in various capacities, from that of a
State Legislator to that of President.
In 1778, he was elected by the Legislature to the executive council
of the State, where he rendered important aid to Henry and Jefferson,
Governors of Virginia, during the time he held a seat in the council;
and by his probity of character, faithfulness in the discharge of duty,
and amiableness of deportment, he won the approbation of these great
men. In the winter of 1779-80, he took his seat in the Continental
Congress, and became immediately an active and leading member, as the
journal of that body abundantly testifies.
In 1784-5-6, he was a member of the Legislature of Virginia. In
1787, he became a member of the Convention held in Philadelphia, for
the purpose of preparing a Constitution for the Government of the
United States. Perhaps no member of that body had more to do with the
formation of that noble instrument, the Constitution of the United
States of America, than Mr. Madison.
It was during the recess between the proposition of the Constitution
by the Convention of 1787, and its adoption by the States, that that
celebrated work, “The Federalist,” made its appearance. This is known
to be the joint production of Alexander Hamilton, John Jay, and James
Madison. The same year he was elected to Congress, and held his seat
until the Continental Congress passed away among the things that were.
He was a member of the State Convention of Virginia which met to adopt
the Constitution, and on the establishment of the new Congress under
the Constitution, he was chosen a member, retaining his seat until the
close of Washington’s administration.
In 1801, as one of the presidential electors, he had the gratification
of voting for his illustrious friend Jefferson, who immediately
offered him a place in his cabinet, which was accepted. Accordingly,
he entered on the discharge of his duties as Secretary of State, which
duties he continued to perform during the whole of Mr. Jefferson’s
administration, and on the retirement of that great statesman, in 1809,
he succeeded to the Presidency, in which office he served two terms.
Mr. Madison then retired to his peaceful home in Virginia, where he
passed the remainder of his days in favorite pastimes, loved by the
many and respected by all, until the 28th of June, 1826, when the
last survivor of the framers of our Constitution was gathered to his
fathers, full of years and glory.
Election for the Sixth Term, commencing March 4, 1809,
and terminating March 3, 1813.
A
STATES.
PRESIDENT.
VICE-PRESIDENT.
B
C
D
E
F
G
H
J
7
New Hampshire
7
7
19
Massachusetts
19
19
4
Rhode Island
4
4
9
Connecticut
9
9
6
Vermont
6
6
19
New York
13
6
13
3
3
8
New Jersey
8
8
20
Pennsylvania
20
20
3
Delaware
3
3
11
Maryland
9
2
9
2
24
Virginia
24
24
14
North Carolina
11
3
11
3
10
South Carolina
10
10
6
Georgia
6
6
7
Kentucky
7
7
5
Tennessee
5
5
3
Ohio
3
3
175
Whole No. of Electors
122
6
47
113
3
3
9
47
Majority88
COLUMN HEADINGS:
(A) = No. of Electors from each State.
(B) = James Madison, of Virginia.
(C) = George Clinton, of New York.
(D) = C. C. Pinckney, of South Carolina.
(E) = George Clinton, of New York.
(F) = James Madison, of Virginia.
(G) = James Monroe, of Virginia.
(H) = John Langdon, of New Hampshire.
(J) = Rufus King, of New York.
James Madison took the oath of office, as President, and entered upon
his duties March 4, 1809.
George Clinton, elected Vice-President, took the oath of office, and
attended in the Senate, March 4, 1809.
Our national position, especially in regard to England and France,
was certainly a very perplexing one when Mr. Madison came to the
Presidency. We were not only threatened by enemies abroad, but were
harassed by a savage foe on our western frontier, probably urged on by
British influence, and led by the famous chief Tecumseh and his brother
the Prophet. These last were finally subdued in 1811; but our European
foes were more troublesome. After all peaceful means had failed to
check the aggressions of England, and when at length “patience had
ceased to be a virtue,” war was declared against that country, June 19,
1812. The events of that war it is not within our province to record;
and it is sufficient to say, that they greatly elevated the American
character in the estimation of both friends and enemies.
Election for the Seventh Term, commencing March 4, 1813,
and terminating March 3, 1817.
A
STATES.
PRESID’T.
V. PRES’T.
B
C
D
E
8
New Hampshire
8
1
7
22
Massachusetts
22
2
20
4
Rhode Island
4
4
9
Connecticut
9
9
8
Vermont
8
8
29
New York
29
29
8
New Jersey
8
8
25
Pennsylvania
25
25
4
Delaware
4
4
11
Maryland
6
5
6
5
25
Virginia
25
25
15
North Carolina
15
15
11
South Carolina
11
11
8
Georgia
8
8
12
Kentucky
12
12
8
Tennessee
8
8
7
Ohio
7
7
3
Louisiana
3
3
217
Whole No. of Electors
128
89
131
86
Majority109
COLUMN HEADINGS:
(A) = No. of Electors from each State.
(B) = James Madison, of Virginia.
(C) = De Witt Clinton, of New York.
(D) = Elbridge Gerry, of Massachusetts.
(E) = Jared Ingersoll, of Pennsylvania.
James Madison, elected President for a second term. [There is no notice
on the Journals of Congress of his having taken the oath.]
Elbridge Gerry, elected Vice-President, attended in the Senate on the
24th of May, 1813, and exhibited a certificate of his having taken the
oath of office prescribed by law, which was read.
The war into which the country had been forced was brought to a close
by the treaty of Ghent, which was signed December 24, 1814; but this
treaty had scarcely been ratified, when it became necessary to commence
another war for the protection of American commerce and seamen against
Algerine piracies. In May, 1815, a squadron under Commodore Decatur
sailed for the Mediterranean, where the naval force of Algiers was
cruising for American vessels. After capturing two of the enemy’s
best frigates in that sea, Decatur proceeded to the Bay of Algiers,
and there dictated a treaty which secured the United States from any
further molestation from that quarter. Similar treaties were also
concluded with the other Barbary powers.
JAMES MONROE,
THE FIFTH PRESIDENT OF THE UNITED STATES,
One of the few exalted characters that served his country in both a
civil and military capacity, was born in Westmoreland county, Virginia,
April 26, 1758, and was educated at William and Mary’s College, whence
he graduated in 1776, and commenced the study of the law. Anxious to
aid in the struggle for independence, which had then just began, he
abandoned his studies, and entered the army as a cadet—joining a
corps under the gallant General Mercer. He soon distinguished himself
in several well-fought battles, and rapid promotion followed, until
he reached the rank of captain. He was at Harlem Heights, and White
Plains, and shared the perils and fatigues of the distressing retreat
of Washington through New Jersey, as well as the glory of the victory
over the Hessians at Trenton, where he received a musket-ball in the
shoulder; notwithstanding which, he valiantly “fought out the fight.”
He subsequently accepted the post of an aid to Lord Stirling, with
the rank of Major, in which position he saw much hard service—being
engaged in almost every conflict for the two succeeding campaigns,
and displaying great courage and coolness at the bloody battles of
Brandywine, Germantown, and Monmouth.
Aspiring to a separate command, he obtained permission to raise a
regiment in his native State; for which purpose he left the army, and
returned to Virginia, where he encountered so many unexpected and
discouraging obstacles, that he finally relinquished the enterprise,
and resumed his law studies in the office of Mr. Jefferson.
In 1780, he was elected to the Virginia Legislature, and in the
following year was made one of Governor Jefferson’s council, in which
he continued until 1783, when, at the age of twenty-four years, he
became a member of the Continental Congress. After serving three years
in that body, he was again returned to the State Legislature.
In 1788, while a member of the Convention to decide upon the adoption
of the new Constitution, he voted in the minority against that
instrument; but this vote did not at all affect his popularity. Two
years afterward he was elected United States Senator, and in 1794 he
was sent envoy extraordinary and minister plenipotentiary to the Court
of Versailles. After settling the cession of Louisiana to the United
States, he went to England to succeed Mr. King as minister at the court
of St. James. The affair of the frigate Chesapeake placing him in an
uncomfortable situation, he returned to the United States, and, in
1810, was once more elected to the Virginia Legislature. He was soon
after chosen Governor of that State, in which office he remained until
Mr. Madison called him to assume the duties of Secretary of State in
his cabinet. In 1817, he was elected President of the United States,
and in 1821 was unanimously reëlected, with the exception of a single
vote in New Hampshire. His administration was a prosperous and quiet
one.
He united with Jefferson and Madison in founding the University of
Virginia; and when the convention was formed for the revision of the
Constitution of his State, he was called to preside over its action.
Not long after this, he went to reside with a beloved daughter (the
wife of Samuel L. Gouverneur, Esq.) in New York City, where he lived
until the anniversary of Independence, in 1831, when, “amidst the
pealing joy and congratulations of that proud day, he passed quietly
and in glory away.”
Election for the Eighth Term, commencing March 4, 1817,
and terminating March 3, 1821.
A
STATES.
PRESID’T.
VICE-PRESIDENT.
B
C
D
E
F
G
H
8
New Hampshire
8
8
22
Massachusetts
22
22
4
Rhode Island
4
4
9
Connecticut
9
5
4
8
Vermont
8
8
29
New York
29
29
8
New Jersey
8
8
25
Pennsylvania
25
25
3
Delaware
3
3
8
Maryland
8
8
25
Virginia
25
25
15
North Carolina
15
15
11
South Carolina
11
11
8
Georgia
8
8
12
Kentucky
12
12
8
Tennessee
8
8
8
Ohio
8
8
3
Louisiana
3
3
3
Indiana
3
3
217
Whole No. of Electors
183
34
83
22
5
4
3
Majority109
COLUMN HEADINGS:
(A) = No. of Electors from each State.
(B) = James Monroe, of Virginia.
(C) = Rufus King, of New York.
(D) = D. D. Tompkins, of New York.
(E) = John E. Howard, of Maryland.
(F) = James Ross, of Pennsylvania.
(G) = John Marshall, of Virginia.
(H) = Rob’t G. Harper, of Maryland.
James Monroe took the oath of office, as President, and entered upon
his duties March 4, 1817.
Daniel D. Tompkins, elected Vice-President, took the oath of office,
and attended in the Senate, March 4, 1817.
The Seminole and a few of the Creek Indians commenced depredations on
the frontiers of Georgia and Alabama towards the close of 1817, for
which they were severely chastised by a force under General Jackson,
and gladly sued for peace.
In February, 1819, a treaty was negotiated at Washington, by which
Spain ceded to the United States East and West Florida and the adjacent
Islands. In the same year the southern portion of Missouri Territory
was set off under the name of Arkansas, for which a territorial
government was formed; and Alabama was constituted a State, and
admitted into the Union.
Early in 1820 the province of Maine, which had been connected with
Massachusetts since 1652, was separated from it and was admitted into
the Union as an independent State.
Election for the Ninth Term, commencing March 4, 1821,
and terminating March 3, 1825.
A
STATES.
PRESID’T.
VICE-PRESIDENT.
B
C
D
E
F
G
H
8
New Hampshire
7
1
7
1
15
Massachusetts
15
7
8
4
Rhode Island
4
4
9
Connecticut
9
9
8
Vermont
8
8
29
New York
29
29
8
New Jersey
8
8
25
Pennsylvania
24
24
4
Delaware
4
4
11
Maryland
11
10
1
25
Virginia
25
25
15
North Carolina
15
15
11
South Carolina
11
11
8
Georgia
8
8
12
Kentucky
12
12
7
Tennessee
7
7
8
Ohio
8
8
3
Louisiana
3
3
3
Indiana
3
3
2
Mississippi
2
2
3
Illinois
3
3
3
Alabama
3
3
9
Maine
3
9
3
Missouri
3
3
236
No. of Electors
231
1
218
8
1
1
4
Majority118
COLUMN HEADINGS:
(A) = No. of Electors from each State.
(B) = James Monroe, of Virginia.
(C) = John Quincy Adams, of Massachusetts.
(D) = Daniel D. Tompkins, of New York.
(E) = Richard Stockton, of New Jersey.
(F) = Robert C. Harper, of Maryland.
(G) = Richard Rush, of Pennsylvania.
(H) = Daniel Rodney, of Delaware.
James Monroe was re-elected President, but there is no notice on the
Journals of Congress that he again took the oath of office.
Daniel D. Tompkins was re-elected Vice-President, but there is no
record of his having taken the oath of office.
Public attention was much occupied in 1824-5 by a visit from the
venerable General Lafayette, who, after the lapse of nearly half a
century from the period of his military career, was again welcomed with
every token of respect that could be devised for honoring the “Nation’s
Guest.” He landed in New York in August, 1824, and after remaining
there a short time, set out on a tour through all the States. Upwards
of a year was taken up in accomplishing this gratifying object; and in
September, 1825, he sailed from Washington in the frigate Brandywine
for his native home.
JOHN QUINCY ADAMS,
THE SIXTH PRESIDENT OF THE UNITED STATES,
Was born at Quincy, Massachusetts, July 11, 1767, and received the
advantages of a pretty thorough education before entering Harvard
College, which was not until the year 1786. After graduating with
marked credit, he commenced the study of law at Newburyport, in the
office of the Hon. Theophilus Parsons, for many years Chief Justice
of Massachusetts. While pursuing his studies he found leisure to
write several newspaper essays, which attracted much attention, and
displayed a maturity of taste and judgment seldom attained so early in
life. In 1794, Washington appointed him minister to the Netherlands,
and subsequently transferred him to Portugal. He was afterward, at
different periods, minister to Prussia, Russia, and England; and was
one of the commissioners who negotiated the treaty of peace with Great
Britain, at Ghent, in 1815. In 1817, he was appointed Secretary of
State, in which office he continued during Mr. Monroe’s administration,
eight years; when he was elected by the House of Representatives
President of the United States—the people having failed in making a
choice. Like his father, he encountered strong opposition, and only
served one term in this office, being defeated in a reëlection by
General Jackson. He then retired to his farm at Quincy, but did not
remain long in private life; for, two years afterward, he was chosen
Representative in Congress, and continued to be reëlected until his
death, which occurred in the Capitol, at Washington, February 23,
1848. Two days previous to this sad event, while engaged in his duties
in the House of Representatives, he received a paralytic stroke,
which apparently deprived him of all consciousness. He was borne to
the Speaker’s room, where he received every attention that could be
bestowed by anxious and devoted friends, but all in vain—his hour was
come. The last words he was heard to utter were, “This is the last of
earth.”
Mr. Adams was a man of rare gifts and rich acquisitions. A diligent
student, and economical of his time, he found opportunity, amid all his
public cares, to cultivate his tastes for literature and the sciences.
He was one of the finest classical and belles-lettres scholars of his
time, and filled the chair of Professor of Rhetoric and Belles-lettres
in Harvard College for several years. Even in his old age, he often
astonished his hearers with the elegant classical allusions and rhetorical
tropes with which he enriched and embellished his own productions.
Election for the Tenth Term, commencing March 4, 1825,
and terminating March 3, 1829.
A
STATES.
PRESIDENT.
VICE-PRESIDENT.
B
C
D
E
F
G
H
J
K
L
8
New Hampshire
8
7
1
15
Massachusetts
15
15
4
Rhode Island
4
4
8
Connecticut
8
8
7
Vermont
7
7
36
New York
1
26
5
4
29
7
8
New Jersey
8
8
28
Pennsylvania
28
28
3
Delaware
1
2
1
2
11
Maryland
7
3
1
10
1
24
Virginia
24
24
15
North Carolina
15
15
11
South Carolina
11
11
9
Georgia
9
9
14
Kentucky
14
7
7
11
Tennessee
11
11
16
Ohio
16
16
5
Louisiana
3
2
5
5
Indiana
5
5
3
Mississippi
3
3
3
Illinois
2
1
3
5
Alabama
5
5
9
Maine
9
9
3
Missouri
3
3
261
Whole No. of Electors
99
84
41
37
183
30
24
13
9
2
Majority131
COLUMN HEADINGS:
(A) = No. of Electors from each State.
(B) = Andrew Jackson, of Tennessee.
(C) = John Quincy Adams, of Massachusetts.
(D) = Wm. H. Crawford, of Georgia.
(E) = Henry Clay, of Kentucky.
(F) = John C. Calhoun, of South Carolina.
(G) = Nathan Sanford, of New York.
(H) = Nathaniel Macon, of North Carolina.
(J) = Andrew Jackson, of Tennessee.
(K) = Henry Clay, of Kentucky.
(L) = Martin Van Buren, of New York.
Neither candidate for the Presidency having received a majority of
the electoral votes, it devolved upon the House of Representatives to
choose a President from the three highest on the list of those voted
for, which three were Andrew Jackson, John Quincy Adams, and William
H. Crawford. Twenty-four tellers (one member from each State) were
appointed, who, after examining the ballots, announced that the votes
of thirteen States had been given for John Quincy Adams; the votes
of seven States for Andrew Jackson; and the votes of four States for
William H. Crawford. The Speaker then declared that John Quincy Adams,
having received a majority of the votes of all the States, was duly
elected President of the United States for four years, commencing on
the 4th of March, 1825; on which day Mr. Adams took the oath of office,
and entered upon his duties.
John C. Calhoun, having been elected Vice-President, took the oath of
office, and attended in the Senate, March 4, 1825.
ANDREW JACKSON,
THE SEVENTH PRESIDENT OF THE UNITED STATES,
A statesman of rare integrity, and a general of invincible skill
and courage, was born at Waxhaw, Lancaster County, South Carolina,
in 1767, and while yet a mere lad, did something toward achieving
the independence of his country. It is said that he commenced his
military career at the age of fourteen years, and was soon after taken
prisoner, together with an elder brother. During his captivity, he was
ordered by a British officer to perform some menial service, which he
promptly refused, and for this refusal was “severely wounded with the
sword which the Englishman disgraced.” He was educated for the bar,
and commenced practice at Nashville, Tennessee, but relinquished his
legal pursuits to “gain a name in arms.” In the early part of the war
of 1812, Congress, having voted to accept fifty thousand volunteers,
General Jackson appealed to the militia of Tennessee, when twenty-five
hundred enrolled their names, and presented themselves to Congress,
with General Jackson at their head. They were accepted, and ordered to
Natchez, to watch the operations of the British in lower Mississippi.
Not long after, he received orders from headquarters to disband his men
and send them to their homes. To obey, he foresaw, would be an act of
great injustice to his command, and reflect disgrace on the country,
and he resolved to disobey. He accordingly broke up his camp, and
returned to Nashville, bringing all his sick with him, whose wants on
the way he relieved with his private means, and there disbanded his
troops in the midst of their homes.
He was soon called to the field once more, and his commission marked
out his course of duty on the field of Indian warfare. Here for years
he labored, and fought, and diplomatized, with the most consummate
wisdom and undaunted courage. It was about this time that the treaty of
the “Hickory Ground” occurred, which gave him the familiar sobriquet of
“Old Hickory.”
The crowning glory of his whole military career was the battle of New
Orleans; which will ever occupy one of the brightest pages in American history.
At the close of the war he returned to his home in Nashville; but in
1818 was again called on by his country to render his military services
in the expulsion of the Seminoles. His conduct during this campaign has
been both bitterly condemned and highly applauded. An attempt in the
House of Representatives to inflict a censure on the old hero for the
irregularities of this campaign, after a long and bitter debate, was
defeated by a large majority.
In 1828, and again in 1832, General Jackson was elected to fill the
Presidential chair; thus occupying that elevated position for eight
successive years. He then retired to his hospitable mansion (“the
Hermitage”), near Nashville, “loaded with wealth and honors bravely
won,” where he continued to realize all the enjoyments that are
inseparable from a well-spent life, until death translated him to those
higher rewards, which “earth can neither give nor take away.” He died
June 8, 1845, and his last hours were soothed by a trustful reliance on
the Savior of the world for salvation.
WILLIAM HENRY HARRISON.
Election for the Eleventh Term, commencing March 4, 1829,
and terminating March 3, 1833.
A
STATES.
PRESID’T.
VICE PRESID’T.
B
C
D
E
F
9
Maine
1
8
1
8
8
New Hampshire
8
8
15
Massachusetts
15
15
4
Rhode Island
4
4
8
Connecticut
8
8
7
Vermont
7
7
36
New York
20
16
20
16
8
New Jersey
8
8
28
Pennsylvania
28
28
3
Delaware
3
3
11
Maryland
5
6
5
6
24
Virginia
24
24
15
North Carolina
15
15
11
South Carolina
11
11
9
Georgia
9
2
7
14
Kentucky
14
14
11
Tennessee
11
11
16
Ohio
16
16
5
Louisiana
5
5
3
Mississippi
3
3
5
Indiana
5
5
3
Illinois
3
3
5
Alabama
5
5
3
Missouri
3
3
261
Whole No. of Electors
178
83
171
83
7
Majority131
COLUMN HEADINGS:
(A) = No. of Electors from each State.
(B) = Andrew Jackson, of Tennessee.
(C) = John Quincy Adams, of Massachusetts.
(D) = John C. Calhoun, of South Carolina.
(E) = Richard Rush, of Pennsylvania.
(F) = William Smith, of South Carolina.
Andrew Jackson took the oath of office, as President, and entered upon
his duties March 4, 1829.
John C. Calhoun took the oath of office, as Vice-President, and
presided in the Senate March 4, 1829.
A series of unfortunate political and social occurrences soon led to a
rupture of that cordiality which had formerly existed between these two
distinguished individuals, the consequences of which were peculiarly
disastrous to the political aspirations of Mr. Calhoun, who was never
afterwards regarded with much favor beyond the immediate limits of his
own State.
Note.—It was during this administration
that the doctrine of State’s rights was so strongly urged by Calhoun,
and to this period may be dated the origin of the great rebellion of 1861.
Election for the Twelfth Term, commencing March 4, 1833,
and terminating March 3, 1837.
A
STATES.
PRESIDENT.
VICE-PRESIDENT.
B
C
D
E
F
G
H
J
K
10
Maine
10
10
7
New Hampshire
7
7
14
Massachusetts
14
14
4
Rhode Island
4
4
8
Connecticut
8
8
7
Vermont
7
7
42
New York
42
42
8
New Jersey
8
8
30
Pennsylvania
30
30
3
Delaware
3
3
10
Maryland
5
5
5
5
23
Virginia
23
23
15
North Carolina
15
15
11
South Carolina
11
11
11
Georgia
11
11
15
Kentucky
15
15
15
Tennessee
15
15
21
Ohio
21
21
5
Louisiana
5
5
4
Mississippi
4
4
9
Indiana
9
9
5
Illinois
5
5
7
Alabama
7
7
4
Missouri
4
4
288
Whole No. of Electors
221
49
11
7
191
49
30
11
7
Majority145
COLUMN HEADINGS:
(A) = No. of Electors from each State.
(B) = Andrew Jackson, of Tennessee.
(C) = Henry Clay, of Kentucky.
(D) = John Floyd, of Virginia.
(E) = William Wirt, of Maryland.
(F) = Martin Van Buren, of New York.
(G) = John Sergeant, of Pennsylvania.
(H) = William Wilkins, of Pennsylvania.
(J) = Henry Lee, of Massachusetts.
(K) = Amos Ellmaker, of Pennsylvania.
Andrew Jackson, re-elected President, took the oath of office, and
continued his duties, March 4, 1833.
Martin Van Buren, having been elected Vice-President, took the oath of
office, and attended in the Senate, March 4, 1833.
Early in June, 1833, the President left Washington on a tour through
the Northern States, and was everywhere received with an enthusiasm
that evinced the cordial approval of his administration by the people.
One of his first measures, on returning to the seat of government, was
the removal of the public moneys from the United States Bank, for which
act he encountered the most virulent hostility of a small majority
of the Senate, who passed resolutions censuring his course. But this
injustice has not been perpetuated; for on the 16th of January, 1837,
these partisan resolutions were expunged from the records by order of a
handsome majority.
MARTIN VAN BUREN,
THE EIGHTH PRESIDENT OF THE UNITED STATES,
Was born in the flourishing town of Kinderhook, New York, September
5, 1782, and early received the best education that could then be
obtained in the schools in his immediate vicinity. Having sufficiently
prepared himself for the study of law, he entered the office of Francis
Sylvester, in his native town, where he remained about six years. But
law did not engross his whole time: he found leisure occasionally to
peer into the mysteries of political economy, and finally arrived at
the conclusion that his chances for fame and fortune were at least
equal in the arena of politics to any thing he might accomplish by a
strict adherence to legal pursuits. Fully impressed with this idea, he
early set about cultivating what little popularity could be gained in
his limited sphere, and so won upon the confidence of his neighbors and
friends as to be appointed, while yet in his teens, a delegate
to a convention in his native county, in which important political
measures were to be acted upon.
In 1808, he was appointed Surrogate of Columbia County, the first
public office he ever held; and in 1812 and 1816 he was elected to the
State Senate, in which body he became a distinguished leader of the
Madison party, and one of its most eloquent supporters.
In 1821, he was elected to the United States Senate, in which he held
his seat for nearly eight years, and became remarkable not only for his
close attention to business, but also for his devotion to the great
principles of the Democratic party.
In 1828, he was elected Governor of his native State, and entered upon
the duties of that office, on the first of January, 1829; but he filled
the gubernatorial chair for only a few weeks. In March following,
when General Jackson was elevated to the Presidency, he tendered Mr.
Van Buren the post of Secretary of State, which was accepted. At the
expiration of two years he resigned his seat in the Cabinet, and was
immediately appointed minister to England; but when his nomination was
submitted to the Senate (June 25, 1831) it was rejected by the
casting vote of the Vice-President (Mr. Calhoun), and, of course, he
was recalled. As his friends attributed his rejection to personal
and political rancor, it only served to raise Mr. Van Buren in the
estimation of his political adherents, and the result was that,
in May following, he was nominated, with great unanimity, for the
Vice-Presidency, by the Democratic Convention, at Baltimore. His
triumphant election was regarded not merely as a high compliment to
himself, but as a wholesome rebuke to his opponents.
In 1836, he was put in nomination for the chief magistracy, to which
he was elected, by a large majority, over General Harrison; but, at
the next Presidential election, the tables were turned, and he only
received sixty votes out of two hundred and ninety-four.
After his defeat, he returned to Kinderhook, where he remained some
time, and then visited Europe, with one of his sons, whose restoration
to health was the principal object of his journey. Not long after his
return he consented to become once more a candidate for the Presidency,
and, in 1848, received the nomination of the Free-soil party, but did
not secure a single electoral vote.
Election for the Thirteenth Term, commencing March 4, 1837,
and terminating March 3, 1841.
Martin Van Buren, elected President, took the oath of office, and
entered upon his duties, March 4, 1837.
Richard M. Johnson, elected Vice-President, took the oath of office,
and attended in the Senate, March 4, 1837.
Urged by the unprecedented financial embarrassments which were
experienced in every branch of industry, and especially by the
mercantile class, Mr. Van Buren’s first measure was to convene a
special meeting of Congress early in September, ’37, which continued
in session forty days, but accomplished very little. A bill
authorizing the issue of $10,000,000 in treasury notes was passed;
but the Independent Treasury bill (the great financial measure of
the administration) was then rejected, although afterwards (in 1840)
adopted.
WILLIAM HENRY HARRISON,
THE NINTH PRESIDENT OF THE UNITED STATES,
Was born in Charles City County, Virginia, February 9, 1773, and was
educated for the medical profession at Hampden Sydney College. He
graduated at a time when our north-western frontier was suffering
much from the neighboring Indians, and, believing that he could be of
greater service in repelling the savage invaders than in pursuing his
studies, he accepted an ensign’s commission from President Washington,
and joined the army. He was promoted to a lieutenancy in 1792, and his
skill and bravery were highly commended by General Wayne, under whose
command he was engaged in several actions. After the bloody battle of
Miami Rapids, he was rewarded with the rank of captain, and immediately
placed in command of Fort Washington. In 1797, he resigned his commission
for the purpose of accepting the office of Secretary of the North-west
Territory, from which he was elected a delegate to Congress in 1799.
When a territorial government was formed for Indiana, he was
appointed the first Governor, and continued in that office till 1813.
To his civil and military duties he added those of Commissioner
and Superintendent of Indian Affairs; and, in the course of his
administration, he concluded thirteen important treaties with the
different tribes. On the 7th of November, 1811, he gained the
celebrated battle of Tippecanoe, the news of which was received
throughout the country with a burst of enthusiasm. During the war of
1812, he was made commander of the North-western army of the United
States, and he bore a conspicuous part in the leading events in the
campaign of 1812-13—the defense of Fort Meigs, and the victory of the
Thames. In 1814, he was appointed, in conjunction with his companions
in arms, Governor Shelby and General Cass, to treat with the Indians
in the North-west, at Greenville; and, in the following year, he
was placed at the head of a commission to treat with various other
important tribes.
In 1816, he was elected a member of Congress from Ohio, and, in 1828,
he was sent minister plenipotentiary to the republic of Colombia.
On his return, he took up his residence at North Bend, on the Ohio,
where he lived upon his farm, in comparative retirement, till 1836,
when he became a candidate for the Presidency; and, although defeated
on the first trial, four years afterward he was elected by a large
majority, and inaugurated in 1841. But he did not long survive this
crowning honor, as he died on the 4th of April, just one month after
entering upon his duties. His funeral obsequies were performed on the
7th, and an immense concourse assembled to pay their testimony of
respect. Funeral services and processions also took place in most of
the principal cities throughout the country. As General Harrison was
the first President who died while in office, his successor, Mr. Tyler,
recommended that the 14th of May be observed as a day of fasting and
prayer, and accordingly it was so observed.
Election for the Fourteenth Term, commencing March 4, 1841,
and terminating March 3, 1845.
A
STATES.
PRESID’T.
VICE-PRESID’T.
B
C
D
E
F
G
10
Maine
10
10
7
New Hampshire
7
7
14
Massachusetts
14
14
4
Rhode Island
4
4
8
Connecticut
8
8
7
Vermont
7
7
42
New York
42
42
8
New Jersey
8
8
30
Pennsylvania
30
30
3
Delaware
3
3
10
Maryland
10
10
23
Virginia
23
22
1
15
North Carolina
15
15
11
South Carolina
11
11
11
Georgia
11
11
15
Kentucky
15
15
15
Tennessee
15
15
21
Ohio
21
21
5
Louisiana
5
5
4
Mississippi
4
4
9
Indiana
9
9
5
Illinois
5
5
7
Alabama
7
7
4
Missouri
4
4
3
Arkansas
3
3
3
Michigan
3
3
294
No. of Electors
234
60
234
48
11
1
Majority148
COLUMN HEADINGS:
(A) = No. of Electors from each State.
(B) = Wm. H. Harrison, of Ohio.
(C) = Martin Van Buren, of New York.
(D) = John Tyler, of Virginia.
(E) = Rich’d M. Johnson, of Kentucky.
(F) = L. W. Tazewell, of Virginia.
(G) = James K. Polk, of Tennessee.
William H. Harrison, elected President, took the oath of office, and
entered upon his duties, March 4, 1841.
John Tyler, elected Vice-President, took the oath of office, and
attended in the Senate, March 4, 1841.
Soon after his inauguration, President Harrison issued a proclamation,
convening Congress for an extra session on the 31st of May, to consider
“sundry weighty and important matters, chiefly growing out of the state
of the revenue and finances of the country.” But he did not live to
submit his remedial plans—dying, after a very brief illness, on the
4th of April, exactly one month after coming into office. He was the
first President who had died during his official term, and a messenger
was immediately dispatched with a letter, signed by all the members of
the Cabinet, conveying the melancholy intelligence to the Vice
President, then at Williamsburg, Va. By extraordinary means he reached
Washington at five o’clock on the morning of the 6th, and at twelve
o’clock the Heads of Departments waited upon him, to pay their official
and personal respects. After signifying his deep feeling of the public
calamity sustained by the death of President Harrison, and expressing
his profound sensibility of the heavy responsibilities so suddenly
devolved upon himself, he made known his wishes that the several Heads
of Departments would continue to till the places which they then
respectively occupied, and his confidence that they would afford all
the aid in their power to enable him to carry on the administration of
the government successfully. Mr. Tyler afterwards took and subscribed
the following oath of office:
“I do solemnly swear, 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.
JOHN TYLER.
“April 6, 1841.”
Pursuant to the proclamation of President Harrison, Congress met on the
31st of May, and continued in session until the 13th of September. On
the 27th of July a bill for the establishment of “The Fiscal Bank of
the United States,” passed the Senate by a vote of 26 to 23, and was
concurred in by the House of Representatives on the 6th of August—128
to 91. President Tyler, however, returned the bill on the 16th, with
his objections, and it was lost for lack of a constitutional majority.
But the friends of a national bank were not to be deterred from their
purpose by a single repulse: another bill (about the same in substance)
was immediately hurried through both Houses, under the title of “The
Fiscal Corporation of the United States,” but this shared the fate of
its predecessor.
A Senate bill for the establishment of a uniform system of bankruptcy
throughout the United States, was concurred in by the House on the
18th of August, and became a law; but, meeting with very general
condemnation, it was soon after repealed.
A bill was also passed at this extra session for the distribution of
the proceeds of the sales of the public lands among the several States,
in proportion to population.
In 1842 an important treaty, adjusting the north-eastern boundary of
the United States, was negotiated at Washington between Mr. Webster,
on the part of this country, and Lord Ashburton, on the part of Great
Britain.
During the last year of Mr. Tyler’s administration much excitement
prevailed on the proposed annexation of Texas to the Union, which
was strongly resisted at the North, on the ground that the South
and southern institutions would thereby gain increased power in the
national councils. A treaty of annexation, signed by the President,
was rejected by the Senate, but measures were taken by which Texas was
admitted the year following.
JOHN TYLER,
THE SUCCESSOR OF GENERAL HARRISON AS PRESIDENT,
Was born at Williamsburg, Virginia, March 29, 1790, and at the age of
twelve years entered William and Mary’s College, where he graduated
with distinguished merit five years afterward. Few have commenced life
at so early a period as Mr. Tyler—he having been admitted to the bar
when only nineteen, and elected to the Virginia Legislature before
attaining his twenty-second year. In 1816, he was sent to Congress; in
1825, elected Governor of Virginia; and in 1827, became United States
Senator; in which capacity he firmly supported the administration of
General Jackson—voting against the tariff bill of 1828, and against
rechartering the United States Bank. Notwithstanding this last vote,
the friends of the bank, presuming upon his well-known conservatism, at
the special session of Congress called by his predecessor, introduced a
bill for the establishment of the “Fiscal Bank of the United States,”
which passed both Houses by small majorities, and which Mr. Tyler
felt bound to veto. But this did not dishearten the friends of the
measure, who modified and rechristened their financial plan, which,
under the name of “Fiscal Corporation of the United States,” again
passed both houses of Congress, and was again vetoed by the President.
Of course, a large portion of the party that elected him were greatly
dissatisfied with his course, and their denunciation of his alleged
faithlessness were “loud and deep.” To add to the embarrassments which
were accumulating around him, all the members of his Cabinet, with the
exception of Mr. Webster, resigned their places; but even this implied
rebuke did not shake his integrity of purpose. An equally efficient
phalanx of talent was called to his aid, and he had the satisfaction
of seeing that his views were indorsed by a large number of leading
statesmen. It has often been asserted that Mr. T. had pledged himself
to sustain the financial schemes of the bank and its friends; but
this has always been denied, and circumstances certainly warrant the
conclusion that the assertion is unfounded. So gross and bitter were
the assaults made upon him, that he felt called upon to defend
himself from their violence; and, after declaring his determination
to do his duty, regardless of party ties, he said, “I appeal from
the vituperation of the present day to the pen of impartial history,
in confidence that neither my motives nor my acts will bear the
interpretation which, for sinister motives, has been placed upon them.”
On the expiration of his official term, he retired to his estate at
Williamsburg.
JAMES KNOX POLK,
THE TENTH PRESIDENT OF THE UNITED STATES,
Was born at Mecklenberg, North Carolina, November 2, 1795, and there
received the rudiments of his early education. In 1806, his father
removed to Nashville, Tennessee, taking his family with him, and
here it was that Mr. Polk pursued those preliminary studies which
were requisite to qualify him for the legal profession. After due
preparation, he entered the office of Hon. Felix Grundy, under whose
able instruction he made such rapid progress, that he was admitted
to practice in 1820. His duties at the bar did not prevent him from
taking part in the political affairs of the day; and in this sphere
his comprehensive views and zealous devotion to Democracy soon secured
him a widely-extended popularity, which resulted in his election to
the Legislature of Tennessee, in 1823. In 1825, while yet in his
thirtieth year, he was chosen a member of Congress, in which body
he remained fourteen years—being honored with the Speakership for
several sessions. So well satisfied were his constituents with his
congressional course, that he was elected Governor by a large majority,
but some questions of local policy subsequently defeated his reëlection.
In 1844, he was unexpectedly nominated for the office of President
of the United States by the Democratic Convention at Baltimore;
and, having received sixty-five electoral votes more than his rival
candidate, Mr. Clay, he was inaugurated on the 4th of March, 1845.
Soon after Mr. Polk assumed the reins of government, the country
became involved in a war with Mexico, which was little more than a
series of victories wherever the American banner was displayed, and
which resulted in important territorial acquisitions. The ostensible
ground for this war, on the part of Mexico, was the admission of
Texas into the Union, which was one of the first acts of Mr. Polk’s
administration. The Mexicans, however, paid dearly for asserting their
frivolous claim to Texas as a revolted province, and the prompt and
energetic course pursued by Mr.Polk was sanctioned and sustained by a
large majority of the people.
JOHN TYLER.
But notwithstanding the advantageous issue of the war, the acquisition
of Texas, and the satisfactory settlement of several vexed questions of
long standing, Mr. Polk was not nominated for a second term—various
extraneous matters leading to the selection of another candidate.
Perhaps it was fortunate for the country and for himself that he was
permitted to retire to the more congenial enjoyment of private life;
for his health had become very much impaired, and he did not long
survive after reaching his home in Nashville. He died June 15, 1849.
Election for the Fifteenth Term, commencing March 4, 1845,
and terminating March 3, 1849.
A
STATES.
PRES’T.
V. PRES’T.
B
C
D
E
9
Maine
9
9
6
New Hampshire
6
6
12
Massachusetts
12
12
4
Rhode Island
4
4
6
Connecticut
6
6
6
Vermont
6
6
36
New York
36
36
7
New Jersey
7
7
26
Pennsylvania
26
26
3
Delaware
3
3
8
Maryland
8
8
17
Virginia
17
17
11
North Carolina
11
11
9
South Carolina
9
9
10
Georgia
10
10
12
Kentucky
12
12
13
Tennessee
13
13
23
Ohio
23
23
6
Louisiana
6
6
6
Mississippi
6
6
12
Indiana
12
12
9
Illinois
9
9
9
Alabama
9
9
7
Missouri
7
7
3
Arkansas
7
7
5
Michigan
5
5
275
Whole No. of Electors
170
105
170
105
Majority138
COLUMN HEADINGS:
(A) = No. of Electors from each State.
(B) = James K. Polk, of Tennessee.
(C) = Henry Clay, of Kentucky.
(D) = George M. Dallas, of Pennsylvania.
(E) = T. Frelinghuysen, of New Jersey.
James K. Polk took the oath of office, as President, and entered upon
his duties March 4, 1845.
George M. Dallas took the oath of office, as Vice-President, and
attended in the Senate, March 4, 1845.
The most important incidents of Mr. Polk’s administration were the
admission of Texas and the consequent war with Mexico, the latter of
which resulted in extending our territorial boundaries to the Pacific
Ocean, embracing regions of incalculable value.
ZACHARY TAYLOR,
THE ELEVENTH PRESIDENT OF THE UNITED STATES,
Was born in Orange County, Virginia, November 24, 1790, and, after
receiving an indifferent education, passed a considerable portion of
his boyhood amid the stirring scenes which were being enacted at that
time on our western border. In 1808, he was appointed a lieutenant
in the United States infantry, and subsequently was promoted to a
captaincy for his efficient services against the Indians. Soon after
the declaration of war, in 1812, he was placed in command of Fort
Harrison, which he so gallantly defended with a handful of men against
the attack of a large body of savages, as to win the brevet rank of
major. So familiar did he become with the Indian character, and with
the mode of warfare of that wily foe, that his services at the West
and South were deemed indispensable in the subjugation and removal
of several hostile tribes. While effecting these desirable objects,
he was occasionally rewarded for his toils and sacrifices by gradual
promotion, and in 1840 attained the rank of brigadier-general. At the
commencement of the troubles with Mexico, in 1845, he was ordered to
occupy a position on the American side of the Rio Grande, but not to
cross that river unless attacked by the Mexicans. He was not, however,
allowed to remain long in repose: the enemy, by attacking Fort Brown,
which he had built on the Rio Grande, opposite Matamoras, soon afforded
him an opportunity to display his skill and valor, and gloriously
did he improve it. The brilliant battles of Palo Alto and Resaca
de la Palma, where he contended successfully against fearful odds,
were precursors to a series of victories which have few parallels in
military annals. The attack on Matamoras, the storming of Monterey,
the sanguinary contest at Buena Vista, and the numerous skirmishes in
which he was engaged, excited universal admiration; and on his return
home, after so signally aiding to “conquer a peace” with Mexico, he was
everywhere received with the most gratifying demonstrations of respect
and affection. In 1848, General Taylor received the nomination of the
Whig party for the office of President of the United States, and,
being elected, was inaugurated the year following. But the cares and
responsibilities of this position were greater than his constitution
could endure, hardened as it had been both in Indian and civilized
warfare. After the lapse of little more than a year from the time he
entered upon his new career, he sunk under its complicated trials, and
his noble spirit sought refuge in a more congenial sphere, July 9, 1850.
Election for the Sixteenth Term, commencing March 4, 1849,
and terminating March 3, 1851.
A
STATES.
PRES’T.
V. PRES’T.
B
C
D
E
9
Maine
9
9
6
New Hampshire
6
6
12
Massachusetts
12
12
4
Rhode Island
4
4
6
Connecticut
6
6
6
Vermont
6
6
36
New York
36
36
7
New Jersey
7
7
26
Pennsylvania
26
26
3
Delaware
3
3
8
Maryland
8
8
17
Virginia
17
17
11
North Carolina
11
11
9
South Carolina
9
9
10
Georgia
10
10
12
Kentucky
12
12
13
Tennessee
13
13
23
Ohio
23
23
6
Louisiana
6
6
6
Mississippi
6
6
12
Indiana
12
12
9
Illinois
9
9
9
Alabama
9
9
7
Missouri
7
7
3
Arkansas
3
3
5
Michigan
5
5
3
Florida
3
3
4
Texas
4
4
4
Iowa
4
4
4
Wisconsin
4
4
290
Whole No. of Electors
163
127
163
127
Majority146
COLUMN HEADINGS:
(A) = No. of Electors from each State.
(B) = Zachary Taylor, of Louisiana.
(C) = Lewis Cass, of Michigan.
(D) = Millard Fillmore, of New York.
(E) = William O. Butler, of Kentucky.
Zachary Taylor took the oath of office, as President, and entered
upon his duties March 4, 1849. He did not, however, long enjoy his
honors—death suddenly closing his earthly career, July 9, 1850.
Millard Fillmore took the oath of office, as Vice-President, and
entered upon his duties March 4, 1849. Congress being in session at
the time President Taylor died, the Vice-President sent a message to
both houses on the 10th of July, in which he feelingly announced the
melancholy event. On the same day he took the requisite oath, and
entered on the execution of the office of President.
Willie P. Mangum, of N. C., President pro tem of the Senate,
acted as Vice-President, ex officio, the remainder of the term.
MILLARD FILLMORE,
THE SUCCESSOR OF GENERAL TAYLOR AS PRESIDENT,
Was born at Summer Hill, Cayuga County, New York, January 7, 1800,
and did not enjoy the advantages of any other education than what he
derived from the then inefficient common schools of the county. At an
early age he was sent into the wilds of Livingston County to learn a
trade, and here he soon attracted the attention of a friend, who placed
him in a lawyer’s office—thus opening a new, and what was destined to
be a most honorable and distinguished career. In 1827, he was admitted
as an attorney, and two years afterward as counselor in the Supreme
Court. Soon attracting attention, he established himself at Buffalo,
where his talents and business habits secured him an extended practice.
His first entrance into public life was in January, 1829, when he took
his seat as a member of the Assembly from Erie County. At this time
he distinguished himself for his untiring opposition to imprisonment
for debt, and to this are the people indebted in a great degree for
the expunging of this relic of barbarism from the statute book. Having
gained a high reputation for legislative capacity, in 1833, he was
elected a member of the National House of Representatives; and on the
assembling of the Twenty-seventh Congress, to which he was reëlected by
a larger majority than was ever given to any person in his district, he
was placed in the arduous position of Chairman of the Committee of Ways
and Means. The measures which he brought forward and sustained with
matchless ability, speedily relieved the government from its existing
pecuniary embarrassments. In 1847, he was elected Comptroller of the
State of New York by a larger majority than had ever been given to any
State officer for many years. In 1848, he was selected as a candidate
for Vice-President, General Taylor heading the ticket. On his election
to that high office, he resigned his position as Comptroller, and
entered upon his duties as President of the United States Senate. The
courtesy, ability, and dignity exhibited by him, while presiding over
the deliberations of that body, received general commendation. Upon the
sudden death of Gen. Taylor, he became President, and promptly selected
a cabinet, distinguished for its ability, patriotism, and devotion to
the Union, and possessing, in an eminent degree, the confidence of the
country.
After serving out the constitutional term, Mr. Fillmore returned to
Buffalo, and again resumed those pursuits which had prepared the way to
the elevated position from which he had just retired. He was welcomed
home by troops of friends, with whom he still continues to enjoy an
unabated popularity.
It should be borne in mind by every aspiring young man, that Mr.
Fillmore is entirely indebted to his own exertions for his success
in life. From a very humble origin, he attained the highest office
in the world, climbing the rugged steep of fame step by step, with
indefatigable industry and untiring perseverance, until he at length
gained the summit, where he is long likely to enjoy his well-earned
position.
FRANKLIN PIERCE,
THE TWELFTH PRESIDENT OF THE UNITED STATES,
Was born at Hillsborough, N. H., November 23, 1804, and early received
the advantage of a liberal education. After going through a regular
collegiate course at Bowdoin College, which he entered at the age of
sixteen, he became a law student in the office of Judge Woodbury, at
Portsmouth, whence he was transferred to the law school at Northampton,
where he remained two years, and then finished his studies with Judge
Parker, at Amherst. Although his rise at the bar was not rapid, by
degrees he attained the highest rank as a lawyer and advocate.
In 1829, he was elected to represent his native town in the State
Legislature, where he served four years, during the two last of which
he held the speakership, and discharged the duties of the office with
universal satisfaction.
From 1833 to 1837, he represented his State in Congress, and was
then elected to the United States Senate, having barely reached the
requisite age to qualify him for a seat in that body.
In 1834, he married Miss Jane Means, daughter of the Rev. Dr. Appleton,
formerly President of Bowdoin College, soon after which he removed to
Concord, where he still holds a residence. He was reëlected at the
expiration of his senatorial term, but resigned his seat the year
following, for the purpose of devoting himself exclusively to his legal
business, which had become so extensive as to require all his attention.
In 1846, he declined the office of Attorney-General, tendered him by
President Polk; but when the war with Mexico broke out, he was active
in raising the New England regiments of volunteers; and afterward
accepted the commission of Brigadier-General, with which he at once
repaired to the field of operations, where he distinguished himself
in several hard-fought battles. At Cerro Gordo and Chapultepec he
displayed an ardor in his country’s cause which extorted praise from
his most inveterate political opponents; and on his return home he was
everywhere received with gratifying evidences that his services were
held in grateful remembrance by the people.
At the Democratic Convention, held in Baltimore in 1852, after trying
in vain to concentrate their votes on a more prominent candidate, that
body unexpectedly nominated General Pierce for the office of President
of the United States, to which he was elected by an unprecedented
majority over his rival, General Scott—receiving 254 votes out of
296. He was duly inaugurated on the 4th of March, 1853, and his
administration was more remarkable for its futile attempts to reconcile
conflicting interests, than for the achievement of any particular
measure of great public utility. However, it will better become his
future than his present biographer to “speak of him as he is; nor aught
extenuate, nor aught set down in malice.”
Election for the Seventeenth Term, commencing March 4, 1853,
and terminating March 3, 1857.
A
STATES.
PRES’T.
V. PRES’T.
B
C
D
E
8
Maine
8
8
5
New Hampshire
5
5
13
Massachusetts
13
13
4
Rhode Island
4
4
6
Connecticut
6
6
5
Vermont
5
5
35
New York
35
35
7
New Jersey
7
7
27
Pennsylvania
27
27
3
Delaware
3
3
8
Maryland
8
8
15
Virginia
15
15
10
North Carolina
10
10
8
South Carolina
8
8
10
Georgia
10
10
12
Kentucky
12
12
12
Tennessee
12
12
23
Ohio
23
23
6
Louisiana
6
6
7
Mississippi
7
7
13
Indiana
13
13
11
Illinois
11
11
9
Alabama
9
9
9
Missouri
9
9
4
Arkansas
4
4
6
Michigan
6
6
3
Florida
3
3
4
Texas
4
4
4
Iowa
4
4
5
Wisconsin
5
5
4
California
4
4
296
Whole No. of Electors
254
42
254
42
Majority149
COLUMN HEADINGS:
(A) = No. of Electors from each State.
(B) = Franklin Pierce, of New Hampshire.
(C) = Winfield Scott, of New Jersey.
(D) = William R. King, of Alabama.
(E) = Wm. A. Graham, of North Carolina.
Franklin Pierce took the oath of office, as President, and entered upon
his duties March 4, 1853.
The oath of office was administered to William R. King by a commission
while he was on a visit to Cuba for the benefit of his health; but he
died soon after his return home, and Jesse D. Bright, of Indiana, then
President of the Senate, acted as Vice-President, ex officio,
during the remainder of the term.
John P. Hale, of N. H., and George W. Julian, of Ind., were nominated
by the “Free Democracy” for President and Vice-President, but they did
not receive a single electoral vote.
JAMES BUCHANAN,
THIRTEENTH PRESIDENT OF THE UNITED STATES.
For the high position he so long maintained in the political affairs
of this country, Mr. Buchanan is not alone indebted to his early and
thorough education, but his entire devotion to whatever he undertook,
and his perseverance in surmounting obstacles which would have
intimidated less determined minds, had a large share in promoting his
advancement. He is of Irish parentage, and was born at Stony Batter,
Franklin County, Pennsylvania, April 23, 1791. At the age of seven
years, he removed with his father’s family to Mercersburg, and there
received an education that fitted him for entering Dickinson College,
in 1805, where he graduated two years afterward with the highest
honors. He then studied law with James Hopkins, of Lancaster, and in
1812 was admitted to the bar, at which he attained a high rank and
commanded an extensive practice.
In 1814, he commenced political life as a member of the Pennsylvania
State Legislature, and in 1820 was sent as a Representative to
Congress, where he remained for ten years—at the expiration of which
he declined a re-nomination.
In 1831, he was appointed minister to Russia by President Jackson,
of whom he was always the consistent friend and supporter, and he
negotiated a commercial treaty which proved of great advantage to
American commerce.
In December, 1834, having been elected to the United States Senate, he
took his seat in that body, and continued one of its most efficient
members until 1845, when he accepted the office of Secretary of State,
under Mr. Polk. He held this responsible place until the expiration of
Mr. Polk’s term of service, when he returned home to repose awhile. But
he did not, by any means, become an idle spectator in passing events;
his letters and speeches show that he was no less vigilant as a private
citizen, than as a counselor in the Cabinet, or a Representative and
Senator in Congress.
On the accession of Mr. Pierce to the Presidency, in 1853, Mr. Buchanan
was appointed minister to England, with which country questions were
then pending that required great prudence and discrimination for their
satisfactory adjustment. In his intercourse with the British
diplomatists he was not only discreet, but displayed sound sense,
courtly forbearance, a just assertion of our rights, and the true
dignity of the American character. So entirely unexceptionable was his
whole course while abroad, that, on his return to this country, in
April, 1856—he landed in New York on the sixty-fifth anniversary of
his birthday—he was received with an enthusiasm seldom accorded to
political men.
In June, 1856, Mr. Buchanan was nominated by the Democratic Convention
at Cincinnati, as a candidate for the Presidency; and although there
were powerful political elements arrayed against him in the succeeding
campaign, he was triumphantly elected to that responsible and honorable
office.
His administration was attended with unusual difficulties—difficulties
which it would seem he was not fully able to meet. The troubles in
Kansas, arising from the repeal of the Missouri Compromise, and the
opposition made to his views touching the admission of Kansas with
the Lecompton Constitution, by the Douglas wing of the Democratic
party, were matters of sore vexation to him, and tended greatly to
unpopularize the latter part of his public life. But these were
considerations of small moment as compared to the embarrassment which
the Government suffered in consequence of the treacherous intrigues of
some of the members of his Cabinet. His Secretary of War and Secretary
of the Treasury, afterward so conspicuous in the great Rebellion, were
particularly instrumental in crippling the pecuniary and military
resources of the country, and turning them to the benefit of the South.
When treason began to assume a threatening attitude, Buchanan declared
against the right of secession, but at the same time denied the right
of coercion by the Government. This, perhaps, is the most inconsistent,
inexplicable position ever taken by any of the nation’s chief rulers.
On the 4th of March, 1861, Mr. Buchanan retired from the Presidency,
leaving to his successor the highly perplexing task of setting to right
the machinery of a government crippled and weakened in all its parts,
and fully ripe for the most gigantic civil war known to history.
JAMES KNOX POLK.
It was, at one time, presumed by many that Mr. Buchanan was not only
encouraging the rebellion by his weak, indecisive policy toward armed
traitors, and by winking at the thieving proceedings of some of his
Cabinet officers, but that he was himself leagued with the leaders of
the secession movement, and secretly acted in unison with them.
While it is true that the unhindered appropriation of millions of
treasure to the furtherance of rebellious schemes, and the large
deposit of choice arms made in Southern arsenals, would indicate an
affiliation of the President with the chief rebels of the South, yet
there has never been adduced any direct proof of such affiliation; and
nothing said or done by Mr. Buchanan since his retirement shows active
sympathy with the Rebellion. There is, however, evidence on every hand
of weakness—an element of character he never manifested prior to
his executive career—of that negative disposition which will, under
circumstances such as surrounded him during the latter part of his
administration, wholly unfit a man for the performance of his duties.
The subject of the present sketch would, doubtless, have been a
very good executive at a period when the country was undisturbed
by sectional agitation; at a time when there were no conflicting
local interests to stir up and embitter South against North. But the
exigencies of the period during which he sat at the helm of state
demanded a man who could take hold with a strong hand; a man of
Jacksonian character, who, with the loftiest political integrity and
most devoted loyalty, combined a Napoleonic will; a man who, foreseeing
the certain results of the pursuits of a conciliatory course with
rebellion, would have given it a decisive blow in its very infancy.
But it seems that Mr. Buchanan proposed to deal with secessionists as
an over-fond, weak-minded mother deals with a spoiled child—scolding
and coaxing alternately, satisfied to exhibit her authority by the
former, and confident that she can reform her fondling by the latter.
Perhaps he may be partially excused by some in consideration of the
debt of gratitude he felt he owed to the Southern States, for the
valuable services they had rendered him in his election. But a truly
great executive never allows his feelings to interfere with the
performance of duty. The life of the nation was in jeopardy; that grand
superstructure, the American Government, whose foundation stones had
been cemented by the sacred blood of the Revolutionary sires, whose
columns had been reared by the wisest, purest statesmen the world ever
saw, and about whose lofty dome the brightest seraphs of Heaven chanted
their sweetest lays—that great temple around which clustered the hopes
of the liberty-loving world, was threatened with destruction, and there
can hardly be any excuse for him who, having the power to save, refused
to adopt such decisive measures as were essential to salvation.
It is true that the Southern people had acted a very important part
in the election of Mr. Buchanan, but it is very far from being true
that a majority of these people were in favor of secession. The great
Democratic party was not a party of traitors, either North or South.
The masses of the people of the Southern States were by no means
desirous of severing their connection with the Government of the United
States, as was amply testified in the overwhelming Union majorities
given in North Carolina, Tennessee, and other Southern States, even
after South Carolina had sloughed off, and all the preliminary steps
had been taken by the leading secessionists toward the formation of
a Southern Confederacy. And there is no doubt that had Mr. Buchanan
taken hold of the rebellion, while it was in the larva, with that
determination to crush it which the great Jackson exhibited when South
Carolina proposed her scheme of nullification, it had never seen its
winged existence.
Buchanan’s administration, in one respect, may possibly yet be
productive of good, in that it may serve to impress the people with the
importance of selecting a man for the chief magistracy who loves the
right and dares to do it.
He only survived the close of the war about three years, as he died on
the 1st of June, 1868, in the 77th year of his age.
Election for the Eighteenth Term, commencing March 4, 1857,
and terminating March 3, 1861.
James Buchanan took the oath of office, as President, and entered upon
his duties, March 4, 1857.
John C. Breckenridge took the oath of office, as Vice-President, and
entered upon his duties, March 4, 1857.
ABRAHAM LINCOLN,
THE FOURTEENTH PRESIDENT OF THE UNITED STATES,
Was born in Hardin County, Kentucky, February 12th, 1809. The record of
his boyhood and youth, so far as we have been able to trace it, is not
distinguished by any thing more remarkable than the usual experience
of children of pioneers in a new country. In 1816, he removed with
his parents to what is now Spencer County, Indiana. Here he enjoyed
the advantages of a little schooling—less than a year, however, in
all. Whatever else he afterward learned from books was without the aid
of the school-master—the result of his own energy and indomitable
perseverance.
In 1832, he served in the Black Hawk war, and, on his return from that
service, was nominated for the Illinois Legislature from the county of
Macon. In 1834, he was elected to the Legislature, and reëlected in
1836, 1838, and 1840. While in the Legislature, he placed himself on
record against slavery; and it is but just to say that the principles
which actuated him then are the moving principles of the great party he
to-day represents as the executive of the nation.
For many years Mr. Lincoln was a prominent leader of the Whig party
in Illinois, and was on the electoral ticket in several Presidential
campaigns. In 1844, he canvassed the entire State for Henry Clay, of
whom he was a sincere and enthusiastic friend, and exerted himself
powerfully for the favorite of his party. In 1846, he was elected to
Congress, and took his seat on the first Monday in December, 1847, the
only Whig Representative from his State.
In November, 1860, he was elected President of the United States by the
party known as Republicans.
On the 11th of February, 1861, he left his home in Springfield,
Illinois, and proceeded to Washington, passing en route the
cities of Toledo, Indianapolis, Cincinnati, Columbus, Steubenville,
Pittsburgh, Cleveland, Buffalo, Albany, Poughkeepsie, New York,
Trenton, Philadelphia, Harrisburg, and Baltimore—at all of which
places, except the last, he was received with great cordiality, and
addressed the people. At Baltimore a plot had been formed to
assassinate him; and, in this affair, it seems that some of the most
prominent citizens of that place were implicated. But Mr. Lincoln,
by prompt, shrewd management, reached Washington uninjured, and on
the 4th of March, 1861, was duly inaugurated, and proceeded upon the
duties of his office, notwithstanding the threats of Baltimoreans
that he never should be installed. In his inaugural address, in view
of the threatening attitude assumed by some of the Southern States,
in consequence of the accession of a Republican administration, after
declaring that there never had been any just cause for the apprehension
that such an administration would encroach upon the constitutional
rights of any State, he said that he had “no purpose, directly or
indirectly, to interfere with the institution of slavery in the States
where it existed; that he, as well as every Member of Congress, was
sworn to support the whole Constitution, one of the provisions of which
is, that ‘no person held to service or labor in one State, under the
laws thereof, escaping into another State, shall, in consequence of any
law or regulation therein, be discharged from such service or labor,
but shall be delivered up on claim of the party to whom such service or
labor may be due;’ that he took his oath to support the Constitution,
without any mental reservation; that while he did not then choose to
specify particular acts of Congress as proper to be enforced, he did
suggest that it would be much safer for all, both in official and
private stations, to conform to and abide by all those acts which stand
unrepealed than to violate any of them, trusting to find impunity in
having them held to be unconstitutional; that he held that, in the
contemplation of universal law and of the Constitution, the union
of the States is perpetual; that no State could, upon its own mere
motion, get out of the Union; that acts of violence within any State or
States against the authority of the United States are insurrectionary
or revolutionary, and that he should, as the Constitution expressly
enjoined upon him, take care that the laws of the Union should be
executed in all the States; that while he should perform this duty
perfectly, so far as practicable, unless restrained by his rightful
masters, the American people, he trusted the declaration so to do would
not be regarded as a menace, but only as the express purpose of the
Union to maintain itself.”
The inaugural address, while considered as clear and explicit by
many, was regarded as very obscure and unsatisfactory by others
(the people of the South), and, on the 13th of April, 1861, Messrs.
Preston, Stuart, and Randolph, appointed by the Virginia Convention,
were formally received by the President, and presented resolutions
requesting that, inasmuch as “great uncertainty prevailed in the public
mind as to the policy” to be pursued by the Federal Executive, he
should communicate to the Convention the course he intended to take in
regard to the “Confederate States.”
To this request the President replied that, while he was sorry that
dangerous uncertainty should exist respecting his mode of procedure
with the seceded States, he could give no clearer exposition of his
policy than was given in his inaugural address, a careful consideration
of which he recommended to the Virginia Convention.
Two days after this, Fort Sumter having been reduced by the Confederate
Government, and other demonstrations of a revolutionary character
having been made, the President issued a proclamation calling for
75,000 volunteers, for three months, to suppress the rebellion, and
summoned Congress to assemble in extraordinary session. The call was
heartily responded to, and, in a few days, a vastly greater number
than had been requested offered themselves to their country. Meantime
Washington was placed in a state of defense. Shortly after the
commencement of hostilities, a blockade of all the Southern ports was
declared. This was directly followed by a blockade of Virginia and
North Carolina. On the 3d of May, 1861, the President issued a call
for 42,034 additional volunteers for the term of three years. Congress
having assembled, he addressed a message to that body, asking that at
least 400,000 men and $400,000,000 be placed at his control, that the
work of crushing the rebellion might be expedited. Congress readily
complied, granting more men and money than had been asked.
On the 16th of August, 1861, the President issued a proclamation
prohibiting all commercial intercourse between the loyal and seceded
States. In the latter part of August, he modified a proclamation
issued by General Fremont, which declared martial law in the State
of Missouri, ordering the confiscation of the property of disloyal
persons, and declaring their slaves free. The two latter of these
measures Mr. Lincoln declared void. For this act he was blamed by many
of his own party at the time.
Passing some other acts of less importance, we next notice the message
addressed to Congress on the 6th of March, 1862, by the President,
recommending that the Government coöperate with any State desiring a
gradual emancipation of the slaves, by affording it such pecuniary aid
as would enable it to “compensate for the inconveniences, public and
private, produced by such change of system.” This message was hailed
by the radical antislavery party of the country as the initiatory
step toward a final and total abolition of slavery; by conservative
Union men, with indifference; and by the secessionists as a hostile
encroachment upon State rights.
On the 11th of March, 1862, Mr. Lincoln assumed command of the Army and
Navy of the United States, ordering a general movement of both, and
confining General McClellan to the command of the Department of the
Potomac.
April 16th, 1862, he approved and signed an act of Congress, abolishing
the institution of slavery in the District of Columbia, which act
“recognized and practically applied” the principles of compensation and
colonization.
During the month of May, the President issued two proclamations, the
one declaring the ports of Port Royal, Beaufort, and New Orleans
open for trade, the other repudiating an order issued by General
Hunter, emancipating all the slaves in Georgia, Florida, and South
Carolina. This act also produced some dissatisfaction. During the
years 1862-1863, Mr. Lincoln was actively employed in calling out and
furnishing troops, and making important changes in the organization of
the army. It was also during this period that he issued his general
emancipation proclamations—the first on the 22d day of September,
1862, declaring that all slaves held in any State, or part of a State
found in actual rebellion against the authority of the United States
on the 1st day of January, 1863, should then and forever thereafter
be free; the second, on the 1st of January, 1863, declaring that, in
accordance with the first proclamation, slavery is abolished in all the
States and counties then in armed rebellion against the Government.
These measures, while they greatly unpopularized the President with
certain parties in the Northern and Southern border States, were
regarded as the exponents of the true policy by the radicals. His
suspension of the writ of habeas corpus, in certain cases,
September 15th, 1863, also produced considerable stir in political
circles.
At the Republican Convention which met at Baltimore, in January,
1864, Mr. Lincoln was re-nominated for the Presidency of the United
States—was elected November 8th, and duly inaugurated March 4th, 1865.
The following note of his inaugural address is from an English journal.
It speaks for itself:
“On the 4th instant, the day of inaugurating his second term, President
Lincoln read a short State paper, which for political weight, moral
dignity, and unaffected solemnity has had no equal in our time. His
presidency began, he says, with the efforts of both parties to avoid
war. ‘To strengthen, perpetuate, and extend the slave interest was the
object for which the insurgents would rend the Union by war, while
the Government claimed the right to do no more than restrict the
territorial enlargement of it.’ Both parties ‘read the same Bible and
pray to the same God.’
“The prayer of both can not be answered, that of neither has been
answered fully, for the Almighty has his own purposes. Mr. Lincoln
goes on to confess for the North its partnership in the original guilt
of slavery: ‘Woe unto the world because of its offenses, for it must
needs be that offenses come; but woe unto that man by whom the offenses
cometh! If we shall suppose American slavery one of the offenses which
in the providence of God must needs come, but which, having continued
through His appointed time, He now wills to remove, and that He gives
to both North and South this terrible war, as was due to those by whom
the offense came, we will not discern that there is any departure
from those divine attributes which believers in the living God always
ascribe to Him. Fondly do we hope, fervently do we pray, that this
mighty scourge of war may speedily pass away. Yet, if it be God’s will
that it continue till the wealth piled by bondsmen by two hundred and
fifty years’ unrequited toil shall be sunk, and till every drop of
blood drawn with the lash shall be repaid by another drawn with the
sword, as was said three thousand years ago, so still it must be said
that the judgments of the Lord are true and righteous altogether. With
malice toward none, with charity for all, with firmness in the right,
as God gives us to see the light, let us strive on to finish the work
we are in, to bind up the nation’s wounds, to care for those who have
borne the battle, and for their widows and orphans. And with all this
let us strive after a just and lasting peace among ourselves and with
all nations.’ No statesman ever uttered words stamped at once with
the seal of so deep a wisdom and so true a simplicity. The ‘village
attorney,’ of whom Sir G. C. Lewis and many other wise men wrote with
so much scorn, in 1861, seems destined to be one of those ‘foolish
things of the world’ which are destined to confound the wise, one of
those weak things which shall ‘confound the things that are mighty.’”
The rebel General Lee had surrendered. The war was apparently at an
end. Abraham Lincoln, the honored and the great, looked forward to
a speedy restoration of the Union. But while the storm lulled, the
assassin did his work. J. Wilkes Booth shot Abraham Lincoln on the
night of the 13th, and he died April 14th, 1865, honored and lamented
by every true American. The world never before beheld such universal
sorrow. A nation not merely mourned but was clad in the deepest mourning.
Election for the Nineteenth Term, commencing March 4, 1861,
and terminating March 3, 1865.
A
STATES.
PRESIDENT.
VICE-PRESIDENT.
B
C
D
E
F
G
H
J
8
Maine
8
8
5
New Hampshire
5
5
13
Massachusetts
13
13
4
Rhode Island
4
4
6
Connecticut
6
6
5
Vermont
5
5
35
New York
35
35
7
New Jersey
4
3
4
3
27
Pennsylvania
27
27
3
Delaware
3
3
8
Maryland
8
8
15
Virginia
15
15
10
North Carolina
10
10
8
South Carolina
8
8
10
Georgia
10
10
12
Kentucky
12
12
12
Tennessee
12
12
23
Ohio
23
23
6
Louisiana
6
6
7
Mississippi
7
7
13
Indiana
13
13
11
Illinois
11
11
9
Alabama
9
9
9
Missouri
9
9
4
Arkansas
4
4
6
Michigan
6
6
3
Florida
3
3
4
Texas
4
4
4
Iowa
4
4
5
Wisconsin
5
5
4
California
4
4
4
Minnesota
4
4
3
Oregon
3
3
315
Whole No. of Electors
180
72
39
12
180
72
39
12
Majority157
COLUMN HEADINGS:
(A) = No. of Electors from each State.
(B) = Abraham Lincoln, of Illinois.
(C) = John C. Breckenridge, of Kentucky.
(D) = John Bell, of Tennessee.
(E) = Stephen A. Douglas, of Illinois.
(F) = Hannibal Hamlin, of Maine.
(G) = Joseph Lane, of Texas.
(H) = Edward Everett, of Massachusetts.
(J) = Herschel V. Johnson, of Georgia.
Abraham Lincoln took the oath of office as President, and entered upon
his duties, March 4th, 1861. Hannibal Hamlin took the oath of office as
Vice-President, and attended in the Senate as its President, on the 4th
of March, 1861. The accession of Mr. Lincoln to the Presidency was made
the pretext for the great rebellion of 1861.
Election for the Twentieth Term, commencing March 4, 1865,
and terminating March 3, 1869.
A
STATES.
PRESIDENT.
V. PRESIDENT.
B
C
D
E
7
Maine
7
7
5
New Hampshire
5
5
12
Massachusetts
12
12
4
Rhode Island
4
4
6
Connecticut
6
6
5
Vermont
5
5
33
New York
33
33
7
New Jersey
7
7
26
Pennsylvania
26
26
3
Delaware
3
3
7
Maryland
7
7
15
Virginia
5
Western Virginia
5
5
8
South Carolina
10
North Carolina
10
Georgia
11
Kentucky
11
11
12
Tennessee
21
Ohio
21
21
6
Louisiana
7
Mississippi
13
Indiana
13
13
15
Illinois
15
15
9
Alabama
11
Missouri
11
11
4
Arkansas
8
Michigan
8
8
3
Florida
4
Texas
8
Iowa
8
8
8
Wisconsin
8
8
5
California
5
5
4
Minnesota
4
4
3
Oregon
3
3
3
Nevada
3
3
3
Kansas
3
3
331
212
21
212
21
COLUMN HEADINGS:
(A) = No. of Electors from each State.
(B) = Abraham Lincoln, of Illinois.
(C) = Geo. B. McClellan, of Ohio.
(D) = Andrew Johnson, of Tennessee.
(E) = Geo. H. Pendleton, of Ohio.
Virginia, South Carolina, North Carolina, Georgia, Tennessee,
Louisiana, Mississippi, Alabama, Arkansas, Florida and Texas, being in
rebellion, did not vote for President and Vice-President.
Whole number of Electoral votes cast were 233—for Lincoln and Johnson,
212; for McClellan and Pendleton, 21. Lincoln and Johnson’s majority
191, the greatest majority attained since the organization of the
Government.
Abraham Lincoln took the oath of office as President and entered upon
his duties March 4, 1865.
Andrew Johnson took the oath of office as Vice-President, and attended
in the Senate as its President March 4, 1865.
ANDREW JOHNSON
Was born at Raleigh, North Carolina, December 29th, 1808, and is now in
his sixtieth year. He lost his father when only four years old. At the
age of ten he was apprenticed to a tailor in Raleigh, and served with
him an apprenticeship of seven years. His mother was poor, and had been
unable to give him any educational advantages; but young Andy, whose
unconquerable spirit was not to be restrained by any disadvantages,
became stimulated with a desire for knowledge. He acquired the alphabet
with no other instructions than those obtained from the journeymen with
whom he worked. He learned to read from an old volume of speeches,
loaned him by a friend, and thenceforward, after ten hours’ work with
his goose, needle, and scissors, applied himself with vigor to study
for three or four hours each evening. In 1824, having completed his
apprenticeship, he went to Laurens Court house, South Carolina, where
he worked as journeyman for two years. In 1826, he set out for the
West, taking his mother, whom already, at his early age, and with
his scanty wages, he was supporting. He made his home at Greenville,
Tennessee, where he remained, and commenced business, and where he
became a thriving and popular man. With the indefatigable thirst for
knowledge which had characterized his early career, he still pursued
his studies, and, in the evenings which followed a day of labor, with
his wife as instructress, pushed on in the road to knowledge.
He entered early into political life, being elected to the first office
he ever held—that of Alderman of the village of Greenville—in 1828.
He was reëlected to the same office in 1829. In 1830, he was elected
Mayor, and retained that position for three years. In 1835, he was sent
to the Legislature, where he chiefly distinguished himself by taking
strong grounds against a scheme of internal improvements, which, he
argued, was extravagant and useless. The measure was popular, however,
and he was defeated in 1837. In 1838, he was a candidate again, and was
this time successful. In 1840, he served as Presidential elector for
the State at large on the Democratic ticket, and during the campaign
rendered efficient service to the party as a stump speaker. In 1841,
he was elected to the State Senate, and, in 1843, at the age of
thirty-five, he was elected to Congress, where he held his seat,
being four times reëlected, until 1853. During this time he was
thoroughly identified with the old Democratic party, and supported all
the party measures. In 1853, he was elected Governor, after a very
exciting contest, over Gustavus A. Henry. He was reëlected in 1855,
over Meredith P. Gentry, the Whig candidate. At the expiration of his
Gubernatorial term, in 1857, he was chosen United States Senator by a
Democratic majority in the Legislature of Tennessee. In that body he
commanded the respect of all his compeers, as an able, eloquent, and
patriotic statesman. At the breaking out of the rebellion, Senator
Andrew Johnson still proclaimed his allegiance to the United States,
and continued to hold his seat in the Senate, though his course
subjected him to much unpopularity, and even danger.
When, in the spring of 1862, our army had penetrated Tennessee to
Nashville, and the northern and central portions of the State were
wrested from rebel control, the President desired the services of a
wise and sagacious man, of unquestionable loyalty, to act as Military
Governor of that State; and he did not have long to look—Andrew
Johnson was at once recognized as the man for the place, and, being
commissioned a Brigadier-General, he repaired to Nashville, where he
for two years discharged the delicate and responsible duty of his
charge with a degree of wisdom and efficiency which challenged general
admiration. Under his administration, the rebellion had steadily been
losing its hold in Tennessee, and loyalty was as constantly cultivated
and developed.
He was nominated for the Vice-Presidency by the Union Convention at
Baltimore, June 8th, 1864, and was elected November 8, 1864, and was
sworn into office March 4th, 1865.
President Lincoln died April 15. Andrew Johnson was sworn into office
as President of the United States, on the same day, by Chief Justice Chase.
Soon after entering upon the duties of his office, he vetoed the Civil
Rights Bill, the Constitutional Amendment, the Military Government
Bill, and all the important bills passed by Congress; also suspended
Edwin M. Stanton, Secretary of War, from office, during the recess of
Congress; on the assembling of which, he sent them his reasons for
so doing. Upon considering which, they reinstated Secretary Stanton.
Whereupon the President issued an order removing him, and ordering
Major-General Thomas, Adjutant-General of the army, to act as Secretary
ad interim—the same being done without the consent or advice
of the Senate—for which and many other acts committed by him, and
by Congress deemed unconstitutional, the House did, on the 25th of
February, 1868, impeach Andrew Johnson of high crimes and misdemeanors;
and he was accordingly tried for the same by the Senate—the result of
which trial will be found in the Impeachment Act, on another page.
CHRONOLOGICAL RECORD OF THE REBELLION. — DECEMBER, 1860. — JANUARY, 1861. — FEBRUARY, 1861. — MARCH, 1861. — APRIL, 1861. — BOMBARDMENT OF FORT SUMTER. — MAY, 1861. — JUNE, 1861. — BATTLE OF BIG BETHEL. — JULY, 1861. — BATTLE OF CARTHAGE, MO. — BATTLE OF RICH MOUNTAIN. — FIGHT AT BLACKBURN FORD. — BATTLE OF BULL RUN. — AUGUST, 1861. — BATTLE OF WILSON CREEK, MO. — SEPTEMBER, 1861. — BATTLE OF CARNIFEX FERRY. — BATTLE OF LEXINGTON, MO. — OCTOBER, 1861. — BATTLE OF BALL’S BLUFF. — BATTLE OF WILD CAT, KY. — NOVEMBER, 1861. — PORT ROYAL. — BATTLE OF BELMONT. — DECEMBER, 1861. — FIGHT AT MUNFORDSVILLE, KY. — JANUARY, 1862. — MILL SPRING, KY. — FEBRUARY, 1862. — ROANOKE ISLAND. — FORT DONELSON. — MARCH, 1862. — BATTLE OF PEA RIDGE. — BATTLE OF WINCHESTER, VA. — APRIL, 1862. — MAY, 1862. — BATTLE OF WILLIAMSBURGH, VA. — WEST POINT, VA. — BATTLE OF FAIR OAKS. — JUNE, 1862. — RICHMOND, VA. — JULY, 1862. — AUGUST, 1862. — BATTLE OF CEDAR MOUNTAIN. — BATTLE OF GAINSVILLE, OR GROVETON, VA. — BATTLE OF RICHMOND, KY. — SECOND BATTLE OF BULL RUN. — SEPTEMBER, 1862. — FIGHT AT CHANTILLY, VA. — BATTLE OF SOUTH MOUNTAIN, MD. — BATTLE OF ANTIETAM, MD. — OCTOBER, 1862. — BATTLE OF CORINTH, MISS. — BATTLE OF PERRYVILLE, KY. — NOVEMBER, 1862. — BATTLE OF CANE HILL, ARK. — DECEMBER, 1862. — BATTLE OF PRAIRIE GROVE, ARK. — BATTLE OF FREDERICKSBURG, VA. — SECOND ATTACK ON VICKSBURG. — BATTLE OF MURFREESBORO’, OR STONE RIVER. — JANUARY, 1863. — ARKANSAS POST. — THIRD ATTACK ON VICKSBURG. — FEBRUARY, 1863. — MARCH, 1863. — APRIL, 1863. — ATTACK ON CHARLESTON. — MAY, 1863. — BATTLE OF PORT GIBSON. — GRIERSON’S RAID. — FREDERICKSBURG. — STONEMAN’S RAID. — BATTLE OF JACKSON, MISS. — BATTLE OF BAKER’S CREEK, MISS. — BATTLE OF BIG BLACK RIVER. — JUNE, 1863. — VICKSBURG. — PORT HUDSON. — MORGAN’S RAID. — AUGUST, 1863. — SEPTEMBER, 1863. — CHICKAMAUGA. — OCTOBER, 1863. — NOVEMBER, 1863—CHATTANOOGA. — DECEMBER, 1863. — FEBRUARY, 1864. — MARCH, 1864. — APRIL, 1864. — MAY, 1864. — BATTLE AT SPOTTSYLVANIA COURT HOUSE. — JUNE, 1864.—BATTLE OF COAL HARBOR. — UNION CONVENTION AT BALTIMORE. — JULY, 1864. — AUGUST, 1864. — SEPTEMBER, 1864. — OCTOBER, 1864. — NOVEMBER, 1864. — DECEMBER, 1864. — JANUARY, 1865. — FEBRUARY, 1865. — MARCH, 1865. — APRIL, 1865. — MAY, 1865.
NOVEMBER, 1860—Presidential Election.
Nov. 6.—Each of the four political
parties presented its candidate for the Presidency, and the same
number for the Vice-Presidency. The Republican party supported Abraham
Lincoln, of Illinois, and Hannibal Hamlin, of Maine. One wing of the
Democratic party supported S. A. Douglas, of Illinois, and H. V.
Johnson, of Georgia; the other wing sustained John C. Breckenridge,
of Kentucky, and Joseph Lane, of Oregon. The Old Line Whigs and Know
Nothings supported John Bell, of Tennessee, and Edward Everett, of
Massachusetts. The result of the popular vote was as follows:
Lincoln and Hamlin received 1,857,610; Douglas and Johnson, 1,365,976;
Breckenridge and Lane, 847,553; Bell and Everett, 590,631.
Nov. 7.—The news of Mr. Lincoln’s
election received at Charleston, South Carolina, with cheers for a
Southern Confederacy. The “Palmetto Flag” hoisted on the vessels in the
harbor.
Nov. 9.—An attempt to seize the arms in
Fort Moultrie.
Nov. 10.—A bill was introduced into
the South Carolina Legislature to raise and equip 10,000 men. The
Legislature also ordered the election of a convention, to consider the
question of secession. Jas. Chester, United States Senator from South
Carolina, resigned.
Nov. 11.—Senator Hammond, of South
Carolina, resigned.
Nov. 15.—Governor Letcher, of Virginia,
called an extra session of the Legislature.
Nov. 18.—Georgia Legislature appropriated
$1,000,000 to arm the State. Major Anderson sent to Fort Moultrie to
relieve Colonel Gardner.
Nov. 19.—Governor Moore called an extra
session of the Louisiana Legislature.
Dec. 1.—Florida Legislature ordered the
election of a convention. Great secession meeting in Memphis.
Dec. 3.—Congress met. The President
denied the right of a State to secede, and asserted the right of the
General Government to coerce a seceding State.
Dec. 5.—Election of delegates to South
Carolina Convention took place. The successful candidates were
secessionists.
Dec. 10.—Howell Cobb, Secretary of the
Treasury, resigned. Senator Clay, of Alabama, resigned. The Louisiana
Legislature ordered the election of a convention, and appropriated
$500,000 to arm the State.
Dec. 13.—An extra session of the Cabinet
was held to consider the question of reinforcing Fort Moultrie; the
President opposed it, and reinforcements were not sent.
Dec. 14.—General Cass, Secretary of
State, resigned.
Dec. 17.—South Carolina Convention
assembled.
Dec. 18.—The Crittenden Compromise
introduced in the United States Senate.
Dec. 19.—Governor Hicks, of Maryland,
refused to receive the Mississippi Commissioner.
Dec. 20.—South Carolina Convention
adopted a secession ordinance; the vote unanimous.
Dec. 22.—The Crittenden Compromise voted
down in the Senate committee of Thirteen.
Dec. 24.—The people of Pittsburg
stop the shipment of ordnance from the arsenal at that place to
Southern forts. Governor Moore called an extra session of the Alabama
Legislature.—Election of members of the Alabama Convention took place;
the majority for secession was over 50,000.—South Carolina members of
Congress resigned.
Dec. 26.—Major Anderson left Fort
Moultrie and took possession of Fort Sumter. He had with him only 111
men. South Carolina Commissioners arrived in Washington. The President
refused to receive them.
Dec. 27.—Revenue cutter, William Aiken,
surrendered to the South Carolina authorities.
Dec. 28.—South Carolina seized the
Government property in Charleston, took possession of Castle Pinckney
and Fort Moultrie.
Dec. 29.—John B. Floyd, Secretary of War,
resigned.
Dec. 31.—South Carolina sent
Commissioners to the slave States to make arrangements for a Southern
Confederacy.
Jan. 2.—Governor Ellis, of North
Carolina, took possession of Fort Macon. Georgia troops seized Forts
Pulaski and Jackson, and the United States arsenal at Savannah.
Jan. 4.—Governor Moore, of Alabama,
seized Fort Morgan, and the United States arsenal at Mobile. Fast-day,
by proclamation of the President.
Jan. 7.—State Conventions of Alabama and
Mississippi, Legislatures of Virginia and Tennessee, assembled.
Jan. 8.—Jacob Thompson, Secretary of the
Interior, resigned. Fort Johnson at Wilmington, and Caswell at Oak
Island, seized by North Carolina.
Jan. 9.—The steamer Star of the West
fired on by rebel batteries in Charleston harbor, and driven back.
Mississippi Convention passed secession ordinance by vote of 84 to
15.
Jan. 10.—Florida Convention adopted
an ordinance of secession by a vote of 62 to 7. Florida seized Fort
McRae.
Jan. 11.—Alabama seceded; vote in
Convention, ayes, 61; noes, 39. P. B. Thomas, Secretary of the
Treasury, resigned, and was succeeded by John A. Dix, of New York.
The Governor of Louisiana seized Forts Phillip and Jackson, on the
Mississippi below New Orleans, the United States arsenal at Baton
Rouge, and Forts Pike and Macomb, on Lake Ponchartrain.
Jan. 13.—Florida troops took possession
of the Pensacola Navy Yard and Fort Barancas. Lieutenant Slemmer, in
command of Fort Pickens, refused to obey Commodore Armstrong’s order to
surrender the fort to the Florida troops, and thus saved that important
place to the Union.
Jan. 16.—The Legislature of Arkansas
called a convention. Colonel Hayne, of South Carolina, demanded of the
President the surrender of Fort Sumter, which was refused. The Missouri
Legislature voted to hold a convention.
Jan. 18.—The Legislature of Virginia
appropriated $1,000,000 for the defense of the State.
Jan. 19.—Georgia adopted a secession
ordinance by vote of 208 to 89.
Jan. 21.—Members of Congress from Alabama
resigned. Jefferson Davis resigned his place in the Senate.
Jan. 23.—Georgia members of Congress resigned.
Jan. 24.—The rebels seized the U. S.
arsenal at Augusta Georgia.
Jan. 26.—Louisiana Legislature passed
secession ordinance by vote of 113 to 17.
Jan. 30.—North Carolina Legislature
submitted the convention question to the people. This was the first
instance of the will of the people being consulted in regard to the
question of secession. The revenue cutters Cass, at Mobile, and
McLelland, at New Orleans, surrendered to the rebel authorities.
Feb. 1.—Texas Convention passed an
ordinance of secession by vote of 166 to 7, to be submitted to the
people. The Louisiana authorities seized the Mint and Custom House at
New Orleans.
Feb. 4.—Delegates from the seceded States
met at Montgomery, Alabama, to organize a Confederate Government. Peace
Congress met at Washington; Ex-President Tyler was chosen President.
Feb. 8.—The U. S. arsenal at Little Rock
surrendered to Arkansas.
Feb. 9.—Jefferson Davis and A. H.
Stephens elected Provisional President and Vice-President of the
Southern Confederacy.
Feb. 13.—The electoral vote counted.
Abraham Lincoln received 180 votes, Stephen A. Douglas 12, John C.
Breckenridge 72, and John Bell 39.
Feb. 19.—Fort Kearney, Kansas, seized by
the rebels.
Feb. 23.—General Twiggs surrendered
government property in Texas, valued at $1,200,000, to the rebels.
March 1.—General Twiggs expelled from the
army. Peace Congress adjourned.
March 2.—Revenue cutter Dodge surrendered
to the rebels at Galveston, Texas.
March 4.—The ordinance of secession
passed by the Texas Convention and submitted to the people, having been
adopted by a majority of about 40,000, the Convention declared the
State out of the Union.
March 5.—General Beauregard took command
of the troops at Charleston.
March 6.—Fort Brown, on the Rio Grande,
was surrendered by special agreement. The Federal troops evacuated the
fort and sailed for Key West and Tortugas.
March 28.—Vote of Louisiana on secession
made public. For secession, 20,448; against it, 17,926.
March 30.—Mississippi Convention ratified
the Confederate Constitution by a vote of 78 to 70.
April 3.—South Carolina Convention
ratified the Confederate Constitution by a vote of 114 to 16.
April 4.—Virginia Convention, by a
vote of 89 to 45, refused to submit an ordinance of secession to the
people.
April 7.—All intercourse between Fort
Sumter and Charleston stopped by order of Beauregard. The steamer
Atlantic sailed from New York with troops and supplies.
April 8.—The Federal Government notified
the South Carolina authorities that provisions would be sent to Major
Anderson by force, if necessary. The State Department refused to
recognize the Confederate States Commissioners.
April 11.—Troops are stationed in
Washington, and the oath of fidelity administered to the men. The
rebel Commissioners left Washington. General Beauregard demanded the
surrender of Fort Sumter. Major Anderson refused.
April 12.—The rebels had constructed
batteries on Morris Island, Sullivan Island and Cumming’s Point,
besides occupying Fort Moultrie; they had also built a powerful
floating battery, all of which were employed in the attack on Sumter.
Fort Moultrie opened fire at four o’clock in the morning. Fort Sumter
did not reply until seven o’clock. The fire was kept up with vigor by
both sides. Major Anderson had under his command 111 men, including
officers, musicians and laborers. The Legislature appropriated $500,000
to arm the State. Fort Pickens reinforced.
April 13.—The bombardment of Fort Sumter
continued; early in the day the officers’ quarters were fired by a
shell; by noon most of the wood work was on fire; Sumter’s fire was
almost silenced when General Wigfall came with a flag of truce, and
arrangements were made for evacuating the fort. The terms were that the
garrison should take all its individual and company property, that they
should march out with their side arms in their own way, at their own
time, and that they should salute their flag and take it with them.
April 14.—Major Anderson and his men
sailed for New York. Governor Yates, of Illinois, called an extra
session of the Legislature, to meet April 22.
April 15.—The President issued a
proclamation commanding all persons in arms against the Government
to disperse within twenty days; also calling for 75,000 volunteers.
The New York Legislature authorized the raising of $3,000,000 for
their equipment and support. The President called an extra session of
Congress, to meet July 4th.
April 16.—The Governors of Kentucky,
Virginia, Tennessee and Missouri, refused to furnish troops Under the
President’s proclamation.—The Confederate Government called for 32,000
men.
April 17.—Virginia Convention adopted
secession ordinance in secret session by a vote of 60 to 53, to be
submitted to the people on the fourth Thursday of May. Forces were sent
to seize the U. S. Arsenal at Harper’s Ferry, and the Gosport Navy
Yard. All the military power of the State was placed under the control
of the President of the Southern Confederacy. Jefferson Davis issued a
proclamation, offering letters of marque and reprisal to all who wished
to engage in privateering.
April 18.—U. S. Arsenal at Harper’s Ferry
destroyed by Lieutenant Jones, to prevent it falling into the hands
of the enemy. Colonel Cake, with 400 men of the 25th Pennsylvania
regiment, arrived in Washington. These were the first troops to enter
the city for its defense.
April 19.—Steamer Star of the West seized
by the rebels at Indianola, Texas. The 6th Massachusetts regiment,
while passing through Baltimore, was attacked by a mob; two soldiers
were wounded. The troops fired upon the mob, killing eleven and
wounding many. President Lincoln issued a proclamation declaring the
ports of South Carolina, Florida, Georgia, Mississippi, Louisiana and
Texas, in a state of blockade. Maryland, Delaware and Pennsylvania,
added to the military department of Washington, and placed under the
command of General Patterson. City Council of Philadelphia appropriated
$1,000,000 to equip the volunteers and support their families.
April 20.—The Governor of North Carolina
seized the Branch Mint at Charlotte. Several bridges on the Northern
Pennsylvania Railroad destroyed by Maryland rebels, to prevent the
passage of troops to Washington. The U. S. Arsenal at Liberty, Mo.,
seized by the secessionists and the arms distributed among the
surrounding counties. The Gosport Navy Yard destroyed by General
McCauley, to keep it from the rebels; the war vessels Delaware,
Pennsylvania, Columbia, Germantown, Merrimac, Raritan, Dolphin and
United States, were scuttled and set on fire; the Cumberland was towed
out. The 4th Massachusetts regiment arrived at Fortress Monroe. A
special meeting of the Pennsylvania Legislature called for the 30th, by
proclamation of Governor Curtin.
April 21.—Federal Government took
possession of the Philadelphia and Baltimore Railroad. Senator Andrew
Johnson, of Tennessee, mobbed at Lynchburg, Va.
April 22.—U. S. Arsenal at Fayetteville,
N. C., seized by the rebels. Arkansas seized the Arsenal at
Napoleon.
April 24.—Fort Smith, Arkansas, seized
by the rebels under Senator Boland. Cairo, Illinois, occupied by Union
troops.
April 25.—Major Sibly surrendered 450
U. S. troops to the rebel Colonel Van Dorn, at Saluria, Texas. A
company of Illinois volunteers, acting under the authority of the
Government, removed 22,000 stand of arms from the Arsenal at St. Louis
to Springfield, Illinois. Governor Letcher proclaims Virginia a member
of the Southern Confederacy.
April 27.—The steamer Aelmick, loaded
with powder and munitions of war for the South, seized at Cairo. The
blockade extended to the ports of North Carolina and Virginia. All
officers of the army were required to take the oath of allegiance.
April 29.—The Indiana Legislature
appropriated $500,000 to arm the State. The Maryland House of Delegates
voted against secession, 63 to 13. Governor Harris, of Tennessee,
seized bonds and money in the Collector’s hands at Nashville, belonging
to the Federal Government. Three steamships seized at New Orleans by
order of Governor Moore, of Louisiana.
May 1.—North Carolina Legislature passed
a bill calling a State Convention, to meet on the 20th of May. The
Legislature of Tennessee passed an act, in secret session, authorizing
the Governor to form a league with the Southern Confederacy.
May 3.—Governor Letcher called out the
militia to defend Virginia. President Lincoln called for 42,000 three
years’ volunteers; 22,000 troops for the regular army, and 18,000
seamen. Fourteen companies of Kentucky volunteers offered their
services to the Secretary of War, notwithstanding the Governor’s
refusal. Connecticut Legislature appropriated $2,000,000 for military
purposes.
May 4.—General McClellan placed in
command of the Department of Ohio, comprising the States of Ohio,
Indiana and Illinois. Union meetings were held in Preston county, Va.,
and at Wheeling, Va.
May 5.—General Butler took possession of
the Relay House, Maryland.
May 6.—Arkansas Convention passed an
ordinance of secession, by vote of 69 to 1. Tennessee Legislature
adopted secession ordinance in secret session, to be submitted to a
vote of the people on the 8th of June.
May 10.—A mob attacked the Home Guard
at St. Louis; the Guard fired on the rioters, killing seven. A rebel
force of 800 men, under Gen. Frost, surrendered to Captain (afterwards
General) Lyon, at St. Louis.
May 11.—The mob made another attack on
the Home Guard in St. Louis. Blockade of Charleston, S. C., established
by the steamer Niagara.
May 13.—A Convention composed of
delegates from 35 counties, met at Wheeling, Virginia, to consider the
policy of forming a new State.
May 14.—A schooner loaded with arms for
the rebels, also a large number of guns in Baltimore, seized by the
forces under General Butler. The ship Argo, with a cargo of tobacco
valued at $150,000, captured by the U. S. gunboat Quaker City.
May 16.—A bridge on the Baltimore and
Ohio Railroad destroyed. General Scott ordered the fortification of
Arlington Heights.
May 17.—Secession spies arrested in
Washington by order of General Scott. Adams Express Company prohibited
from carrying packages or letters south of Washington. Rebels commence
fortifying Harper’s Ferry.
May 18.—Military Department of Virginia
created, comprising Eastern Virginia, North and South Carolina;
headquarters at Fortress Monroe, commander General Butler.
May 19.—Rebel batteries at Sewell’s Point
attacked by U. S. steamers. Two schooners with rebel troops on board
captured by the U. S. steamer Freeborn.
May 20.—Telegraphic dispatches throughout
the North seized by order of the Government. North Carolina secession
ordinance adopted. Governor Magoffin proclaimed the neutrality of
Kentucky.
May 22.—Fortifications of Ship Island
destroyed to keep them from the enemy.
May 24.—Thirteen thousand troops crossed
the Potomac into Virginia. Alexandria occupied by Federal troops.
Colonel Ellsworth shot by Jackson; the murderer was instantly killed.
Arlington Heights occupied by Union troops.
May 25.—Union troops destroyed seven
bridges and five miles of railroad from Alexandria to Leesburg.
May 26.—Western Virginia gave a large
majority in favor of the Union. The port of New Orleans was blockaded
by the sloop of war Brooklyn. All postal service in the seceded States
suspended.
May 31.—The steamers Freeborn and
Anacosta engage the rebel batteries at Acquia Creek.
June 1.—Lieutenant Tompkins, with 47
men, attacked the rebels at Fairfax Court House, killing Captain Marr
and several others. Union loss two killed. The steamers Freeborn and
Anacosta engage the batteries at Acquia Creek the second time. Skirmish
at Williamsport, Maryland, between the rebels and a company of Home
Guards.
June 3.—Colonel Kelly defeated the rebels
at Phillippi, Va., killing 15; Colonel Kelly was severely wounded.
Hon. S. A. Douglas died at Chicago. General Beauregard arrived and
assumed command of the Confederate forces at Manassas Junction, Va.
The voluntary contributions in the Northern States to carry on the war
amounted to over $32,000,000.
June 6.—Harriet Lane attacked the
batteries at Pig Point, near Fortress Monroe. A company of rebel
cavalry, captured at Alexandria, Va., take the oath of allegiance.
June 10.—Three regiments of Union troops,
under the command of General Pierce, were defeated with a loss of 16
killed, among them Major Winthrop, and 41 wounded.
June 11.—Skirmish at Romney, Va. Wheeling
Convention met.
June 14.—Rebels evacuated Harper’s Ferry,
after destroying all available property; the armory machinery was taken
to Richmond.
June 15.—Brig Perry arrived at New York
with the privateer Savannah, captured June 4th.
June 17.—Wheeling Convention unanimously
declared Western Virginia independent of the rebel portion of the
State. A train of cars with 275 Ohio volunteers, under the command of
Colonel Schenck, was fired into from a masked battery near Vienna,
Va,; 8 were killed and 12 wounded. General Lyon defeated the rebels at
Boonville, Mo., with a loss of about 30 killed and 50 wounded; Union
loss 2 killed and 9 wounded.
June 10.—A skirmish took place at Cole
Camp, Mo., between a body of secessionists and a company of Home
Guards; the latter were defeated with a loss of 10 killed, 20 wounded
and 30 prisoners. A detachment of U. S. Regulars captured a number of
rebels with their arms and ammunition, at Liberty, Mo.
June 20.—Union Convention elected Frank
D. Pierpont Governor of Virginia. General McClellan assumed command in
person of the army in Western Virginia.
June 23.—Forty-eight locomotives
belonging to the Baltimore and Ohio Railroad, valued at $400,000, were
destroyed by the rebels.
June 24.—The U. S. gunboat Pawnee
attacked the rebel battery at Mathias Point. A spy arrested at
Washington with a full detail of the number of the troops and
batteries, and the best plan of attack on the city.
June 26.—The President acknowledged the
Wheeling government of Virginia.
June 27.—George P. Kane, Marshal of
Baltimore police, arrested by General Banks and sent to Fort McHenry.
The steamers Pawnee, Resolute and Freeborn, made a second attack on the
rebel battery at Mathias Point; Captain Ward, commanding the Federal
force, was killed.
June 29.—The rebel privateer Sumter
escaped from New Orleans. The rebels made a dash at Harper’s Ferry,
destroying several boats and a railroad bridge.
July 2.—General Patterson defeated
the Confederates at Falling Water, Va.; Union loss 3 killed and 10
wounded.
July 3.—A rebel company of 94 men
captured at Neosho, Missouri.
July 4.—Rebels seized the Louisville and
Nashville Railroad. Congress met in extra session
July 5.—Confederates were commanded by
Governor Jackson, the Federal troops, numbering 1,600, by Colonel
Sigel. Colonel Sigel retreated to Springfield; Union loss 13 killed and
31 wounded.
ZACHARY TAYLOR.
July 6.—General Fremont appointed to the
command of the Western Department, consisting of the State of Illinois,
and the States and territories west of the Mississippi, and east of the
Rocky Mountains. Headquarters at St. Louis. 45 men belonging to the
3d Ohio regiment, cut their way through an ambuscade near Buchanan,
Virginia.
July 10.—Skirmish at Laurel Hill,
Virginia, rebels defeated. Union loss, 2 killed and 2 wounded.
July 11.—The following Senators were
expelled from the U. S. Senate: J. M. Mason, R. M. Hunter, of Virginia;
T. L. Clingham and Thomas Bragg, of North Carolina; L. T. Wigfall
and J. U. Hemphill, of Texas; C. B. Mitchell and W. K. Sebastian, of
Arkansas; and A. O. F. Nicholson, of Tennessee.
July 12.—The Federal troops, under
command of Colonel Rosecrans, defeated the enemy under Colonel Pegram.
The rebels lost their wagons, guns, camp equipage, and about 800
prisoners, besides 150 killed and wounded.
July 13.—-The Confederates under General
Garnett were defeated at Carrick’s Ford, Virginia. The rebel General
Garnett was killed. Union loss was 2 killed and 10 wounded.
Battle of Screytown, Va.—The Federals
under Colonel Lowe, were defeated with a loss of 9 killed and 40
wounded and missing.
July 15.—Skirmish at Bunker Hill,
Virginia. The rebel cavalry under Colonel Stuart, made the attack, but
were defeated.
July 16.—Skirmish at Millville, Missouri,
and at Barboursville, Virginia. Tilgham, a negro, killed three of a
rebel prize crew on the S. J. Warring, and brought the vessel into New
York. President Lincoln authorized to call the militia and accept the
services of 500,000 men.
July 18.—The Federal troops under command
of General Tyler made the attack, but after three hours’ fighting were
ordered back to Centerville; their loss was 19 killed and 64 wounded
and missing. The Department of Maryland created, and General John A.
Dix placed in command. Headquarters at Baltimore.
July 19.—General Banks superceded General
Patterson. Headquarters in the field.
July 20.—The Confederate Congress met at
Richmond.
July 21.—The Army of the Potomac, 45,000
strong, under the command of Brigadier-General McDowell, left its
camp near Washington, July 17. The army was formed in five divisions.
General Tyler commanded the 1st division, Colonel Hunter the 2d,
Colonel Heintzelman the 3d, Colonel Runyon the 4th, and Colonel Miles
the 5th. Colonel Runyon’s division remained in the rear, between
Centerville and Fairfax, and took no part in the battle. The enemy,
in numbers about equal to the attacking force, occupied a position
at Manassas naturally strong, and made doubly so by art. The battle
was commenced on Sunday morning by the Union troops and was fought
skilfully and bravely; the enemy were driven from a portion of their
works, and the chances were decidedly in favor of the Federals; but
the arrival of the rebel General Johnson with large reinforcements,
turned the scale; at the same time a panic seized upon the troops, and
they commenced a shameful and disorderly retreat towards Washington.
The Federal loss was 481 killed, 104 wounded, and 1,216 missing. The
rebel loss, according to General Beauregard, was 269 killed, and 1,483
wounded.
July 22.—General McClellan took command
of the Army of the Potomac. Three Months Volunteers began to return
home.
July 24.—Fort Fillmore, New Mexico,
treacherously surrendered to the enemy by Major Lynde, U. S. A. All
the arms and supplies were delivered up, and the soldiers released on
parole.
July 25.—General Rosecrans assumed
command of the army in Western Virginia.
July 31.—City Council of Cincinnati
appropriated $23,000 to aid in relieving the families of volunteers
from Hamilton county, Ohio.
Aug. 1.—The rebels retreated from
Harper’s Ferry to Leesburg.
Aug. 2.—General Lyon defeated the
Confederates at Dug Spring, Missouri. Union loss was 8 killed at 30
wounded. The vessels engaged in a contraband trade with the rebels of
Virginia and North Carolina were destroyed in Pocomoke Sound
Aug. 3.—Congress passed a bill for
raising $20,000,000 by direct taxation and the Confiscation bill.
Aug. 5.—Commodore Alden bombarded
Galveston, Texas.
Aug. 6.—The extra session of Congress closed.
Aug. 7.—The village of Hampton, Virginia,
destroyed by the rebels. The privateer York burned by the U. S. Gunboat
Union, crew taken prisoners.
Aug. 10.—General Lyon, with 5,000
Missouri, Iowa and Kansas troops, attacked a Confederate force double
that of his own at Wilson Creek, near Springfield, Missouri. After a
hard fight of six hours, General Lyon being killed, the Union troops,
under the command of Colonel Sigel and Major Sturgis, retired to
Springfield. The enemy did not pursue. Union loss was 223 killed, and
1,012 wounded and missing. General McCulloch, commanding the rebels,
reported 265 killed, and 800 wounded.
Aug. 12.—President Lincoln appointed the
30th of September as a fast day.
Aug. 14.—General Fremont declared martial
law in St. Louis.
Aug. 15.—Jefferson Davis ordered all
Northern men to leave the South in forty days.
Aug. 16.—General Wool took command at
Fortress Monroe.
Aug. 21.—Colonel Doherty with 300
Illinois troops, dispersed a rebel force at Charleston, Missouri. Union
loss 1 killed and 6 wounded.
Aug. 26.—The 7th Ohio regiment, 900
strong, were surprised at Summerville, Virginia, while at breakfast, by
the rebels, under General Floyd, but fought their way out, with a loss
of 6 officers. The Hatteras expedition sailed.
Aug. 28.—Fort Clark, on the coast of
North Carolina, captured.
Aug. 29.—Fort Hatteras surrendered to the
Union forces. Rebel loss was 48 killed, 51 wounded, and 691 prisoners.
The Federals lost none.
Aug. 30.—Fort Morgan, at Ocracoke Inlet,
abandoned by the Confederates.
Sept. 1.—Kentucky Legislature met. Union
majority in the Senate, 16; in the House, 52. Fight at Boonville,
Virginia; the rebels were defeated and the town destroyed. Union loss 6
wounded.
Sept. 4.—Confederates under General Polk,
took possession of Columbus, Kentucky. The rebels attempted to cross
the Potomac at Great Falls, but were repulsed.
Sept. 6.—General Grant took possession of
Paducah, Ky.
Sept. 10.—General Rosecrans with 4,500
troops, attacked the rebels under Floyd, in their intrenched camp at
Gauley river, near Carnifex Ferry. After several hours’ fighting,
darkness put an end to the contest. During the night Floyd retreated,
burning the bridge over Gauley river. The Federal loss was 15 killed
and 70 wounded. A naval engagement took place on the Mississippi
between the U. S. gunboats Conestoga and Lexington, and two Confederate
boats, assisted by a battery at Lucas Bend. The battery was silenced,
and the boats driven to Columbus.
Sept. 11.—President Lincoln modified
General Fremont’s emancipation proclamation.
Sept. 12.—Fight at Cheat Mountain.
Colonel J. A. Washington, proprietor of Mount Vernon, was killed. Union
loss, 9 killed and 12 wounded.
Sept. 17.—Accident on the Ohio and
Mississippi railroad, near Huron, Indiana. About 100 of the 19th
Illinois regiment were killed or wounded. Skirmish between the 3d
Iowa regiment and a band of Confederates at Blue Mills, Missouri.
The Federal troops were compelled to fall back, but receiving
reinforcements, rallied, when the rebels retreated. Union loss, 12
killed and 85 wounded.
Sept. 18.—Colonel Frank Blair arrested
by order of General Fremont. Maryland Legislature closed by Provost
Marshal. Secession members sent to Fort McHenry.
Sept. 19.—Governor Morehead, Rueben
Merrit, and M. A. Barr, arrested in Louisville, Kentucky, for
treason.
Sept. 20.—Colonel Mulligan, with 2,460
men, occupying the town of Lexington, Missouri, was attacked by a
greatly superior force of the enemy, and after four days was compelled
to surrender. During the siege the whole Union loss was 39 killed and
120 wounded.
Sept. 21.—John C. Breckinridge fled from
Frankfort, Kentucky, and joined the rebels. General Lane defeated a
rebel force at Papinsville, Missouri. Federal loss 17 killed.
Oct. 1.—The propeller Fanny captured by
the rebels at Chicamacomico.
Oct. 2.—Fight at Chapmanville, Virginia,
between Colonel Enyartz, Kentucky volunteers, and a party of
Confederates. The latter were defeated and 47 of them taken prisoners.
Union loss 4 killed and 8 wounded.
Oct. 3.—General Reynolds made an armed
reconnaissance of the enemy’s position at Greenbriar. After driving
in the rebel pickets and capturing three cannon, General Reynolds
returned to Cheat Mountain, having lost 8 killed and 32 wounded. The
Confederates evacuated Lexington, Missouri.
Oct. 4.—A large force of rebels under
Colonel Barlow attacked the 20th Indiana regiment in their camp at
Chicamacomico. The Federals retreated, leaving the wounded in the hands
of the enemy.
Oct. 5.—The steamer Monticello shelled
the rebels under Bartow, and drove them to their boats.
Oct. 6.—Fight at Flemington, Kentucky,
between the Home Guard and a band of rebels. The latter were
defeated.
Oct. 7.—The rebel iron-clad steamer,
Merrimac, made its first appearance within sight of Fortress Monroe.
Oct. 9.—Confederates made an attack on
Santa Rosa Island, but were defeated. Union loss was 13 killed and
21 wounded. Colonel Geary, with 400 Pennsylvania troops, crossed the
Potomac at Harper’s Ferry, and captured 21,000 bushels of wheat.
Oct. 11.—Rebel steamer Theodore escaped
from Charleston, South Carolina, with Mason and Slidell on board.
Oct. 15.—Jeff. Thompson, with a force of
600 men, captured a guard of 50, stationed at Big River Bridge, near
Potosi, Missouri, and destroyed the bridge.
Oct. 16.—A small Union force under Major
White recaptured Lexington, Missouri.
Oct. 21.—Fight at Fredericktown,
Missouri. The Confederates defeated. Union loss 6 killed and about 60
wounded.
Oct. 21.—Union forces engaged numbered
1,900, commanded by Colonel Baker. General Stone failed to cross the
Potomac to support Colonel Baker. After a severe fight, in which
Colonel Baker was killed, the Federals retreated. Union loss was 223
killed, 266 wounded, and 455 prisoners, including 100 wounded.
Oct. 21.—General Zollicoffer, with
6,000 Confederates, attacked the Unionists at Camp Wild Cat, Laurel county,
Kentucky, and was repulsed by the forces under General Schoep. Union
loss 4 killed and 21 wounded.
Oct. 22.—Skirmish at Buffalo Mills,
Missouri. Rebels lost 17 killed and 90 prisoners.
Oct. 25.—General Kelley defeated the
enemy, at Romney, Virginia.
Oct. 26.—Gallant charge of Major Zagoni,
with 150 of Fremont’s body guard on a large force of rebels near
Springfield, Missouri. The enemy was routed with a loss of 106 killed
and 27 prisoners. Union loss 52 killed and wounded.
Oct. 26.—General Lane captured a rebel
transportation train near Butler, Missouri.
Oct. 29.—The second naval expedition,
consisting of 80 vessels, and 15,000 men, sailed from Fortress Monroe.
The naval force was commanded by Commodore Dupont; the land forces were
commanded by General Sherman.
Nov. 1.—General Scott resigned as
commander-in-chief of the armies of the United States. General
McClellan was appointed in his place. General Benham defeated the
rebels at Gauley Bridge, Virginia.
Nov. 2.—General Hunter superceded John
C. Fremont in the command of the Western Department. The Confederate
schooner Bermuda ran the blockade at Savannah.
Nov. 7.—The naval and military forces
under the command of Commodore Dupont and General Sherman, captured
Forts Walker and Beauregard, at Port Royal entrance. They also took
possession of the town of Beaufort and Hilton Island. The Union loss
was 8 killed and 25 wounded.
General Grant, with a force of 2,800, attacked a rebel camp at
Belmont, Missouri, driving the enemy out and destroying the camp, and
taking a quantity of arms; but reinforcements arriving at Columbus,
the Federals were compelled to retreat; their loss was 84 killed, 288
wounded, and 235 missing.
Nov. 8.—Five rebel boats made an attack
on Fort Hatteras, but were repulsed.
Nov. 10.—The rebels attack the town
Guyandotte, Virginia, killing some of the Union men, but were driven
off.
Nov. 11.—Guyandotte burned by the
Unionists. General Halleck takes command of the Western Department.
Nov. 15.—The United States Frigate San
Jacinto arrived at Fortress Monroe with Mason and Slidell, the rebel
commissioners to Europe.
Nov. 18.—Confederate Congress met.
Nov. 21.—The United States vessel Santee
captured the privateer Royal Yacht, off Galveston, Texas.
Nov. 23.—Fort Pickens and the U. S. war
vessels Niagara and Colorado, bombarded the rebel fortifications at
Pensacola. Port of Warrenton burnt.
Nov. 26.—Sharp skirmish at Hunter’s Hill,
Virginia. Union loss 28 killed and wounded.
Nov. 27.—General McClellan directed the
observance of the Sabbath in all the camps of the U. S. Army.
Nov. 29.—Skirmish at Warsaw, Missouri; a
portion of the town destroyed.
Nov. 30.—Fight at Salem, Missouri. Rebels
defeated with a loss of 39 killed and wounded.
Dec. 3.—Congress met.
Dec. 4.—John C. Breckinridge expelled from the United States
Senate.
Dec. 5.—Engagement between the rebel
gunboats and the Federal vessels, at Cape Hatteras. According to the
reports of the Secretaries of War and Navy, the Union forces numbered
640,537 volunteers, 20,334 regular soldiers, and 22,000 seamen.
Dec. 9.—The Confederate Congress passed a
bill admitting Kentucky into the Southern Confederacy. Freestone Point,
Virginia, shelled by the National gunboats; the rebel batteries were
silenced, and the buildings containing stores were destroyed.
Dec. 13.—Engagement at Camp Alleghany,
Virginia, in which General Milroy defeated the rebels under Colonel
Johnson. Union loss, 21 killed and 107 wounded.
Dec. 17.—The Union force engaged was a
portion of the 32d Indiana (German) regiment; the Confederates were
commanded by General Hindman; battle drawn. Union loss 10 killed and
17 wounded.General Pope captured 360 secessionists at Osceola,
Missouri.
Dec. 18.—General Pope captured 1,300
rebels, a number of horses and wagons, and 1,000 stand of arms, at
Millford, Missouri. Union loss 2 killed and 17 wounded. Stone fleet
sunk in Charleston harbor.
Dec. 20.—Battle of Drainsville, Virginia,
in which the rebels were defeated by the Union troops under General
McCall. Union loss 7 killed and 61 wounded.
Dec. 27.—Mason and Slidell surrendered to
the British Minister.
Dec. 28.—A fight took place at Mount
Zion, Boone county, Missouri. The Confederates were dispersed with
considerable loss in killed, wounded and prisoners. Union loss 3 killed
and 11 wounded.
Jan. 1.—Mason and Slidell left Fort
Warren, for England, in the British steamer Rinaldo. Cannon fight at
Fort Pickens. General Stevens advances from Beaufort to the mainland,
and with the assistance of the gunboats, captured the Coosaw batteries.
Union loss 2 killed and 8 wounded.
Jan. 4.—General Milroy defeated the
rebels at Huntersville, Virginia, and captured $80,000 worth of
stores.
Jan. 7.—Rebels defeated at Romney. A
force of 300 Union troops sent by General Milroy, captured a large
quantity of stores in Tucker county, Virginia.
Jan. 8.—General Palmer defeated
the rebels at Silver Creek, Missouri. Union loss 4 killed and 18
wounded.
Jan. 10.—Colonel Garfield defeated the
rebels under Humphrey Marshall, at Prestonburg, Ky.
Jan. 11.—The Burnside expedition sailed
from Fortress Monroe. Naval engagement on the Mississippi between the
Union steamers Essex and St. Louis, and four rebel boats; the latter
were compelled to seek protection under the batteries at Columbus.
Simon Cameron resigned his position as Secretary of War, and E. M.
Stanton appointed in his place.
Jan. 19.—This battle was fought between
3,000 Union troops under General Schoep, and rebels under General
Zollicoffer. The enemy were defeated and General Zollicoffer killed.
Union loss, 39 killed and 127 wounded.
Feb. 3.—The Federal Government decided
that the crews of the captured privateers were to be considered as
prisoners of war.
Feb. 5.—Jesse D. Bright expelled from the
United States Senate.
Feb. 6.—Commodore Foote, with 7 gunboats,
attacked Fort Henry, on the Tennessee river. After fighting an hour and
a half, the rebel commander, General Tilghman, made an unconditional
surrender.
Feb. 7.—The expedition under General
Burnside and Commodore Goldsborough reached Roanoke Island, and
commenced the attack on the rebel fortifications.
Feb. 8.—General Burnside captured the six
forts on Roanoke Island, taking about 3,000 small arms and destroying
all the Confederate fleet, except two vessels. Union loss was 50 killed
and 212 wounded. 2,500 prisoners and a large quantity of ammunition
were captured.
Feb. 9.—General C. P. Stone arrested and
sent to Fort Lafayette.
Feb. 10.—Elizabeth City, N. C.,
surrendered to General Burnside. The Federal gunboats ascended the
Tennessee river as far as Florence, Alabama, capturing three and
destroying six rebel boats.
Feb. 13.—General Curtis took possession
of Springfield, Mo. Fort Donelson invested, and the bombardment
commenced.
Feb. 14.—Commodore Foote attacked Fort
Donelson with the gunboats, but was compelled to withdraw.
Feb. 15.—The attack on Fort Donelson
renewed by the land forces under General Grant, numbering 40,000.
Bowling Green evacuated by the rebels.
Feb. 16.—General Buckner made an
unconditional surrender of Fort Donelson and the troops under his
command. Between 12,000 and 15,000 prisoners, 40 cannon, and a large
amount of stores were captured. Union loss was 321 killed, 1,046
wounded and 150 missing. Skirmish at Independence, Mo.
Feb. 18.—General Curtis drove the rebels
across the Arkansas line, capturing a number of prisoners and army
stores.
Feb. 21.—The Union troops occupied
Clarksville, Tennessee. Desperate fight at Fort Craig, New Mexico,
between the Union troops under Colonel Canby, and the Texans. The
Federals were defeated with a loss of 62 killed and 162 wounded.
Feb. 22.—Jefferson Davis inaugurated
President, and A. H. Stephens Vice-President of the Southern
Confederacy.
Feb. 24.—Nashville, Tennessee, occupied
by the Union troops.
Feb. 27.—Columbus evacuated by the
Confederates.
March 1.—Fight at Pittsburgh Landing
between two Union gunboats and a rebel battery.
March 4.—Brunswick, Ga., Fort Clinch,
Fernandina and St. Mary’s, Fla., were captured by Commodore Dupont.
Andrew Johnson appointed Military Governor of Tennessee.
March 6.—The Confederates under Van Dorn,
Price, and McCulloch, attacked General Curtis at Pea Ridge, Arkansas.
The Union army numbered about 12,000.
March 7.—The battle of Pea Ridge renewed,
lasting all day.
March 8.—The battle of Pea Ridge ended
in the total defeat of the enemy. Union loss was 212 killed and 926
wounded. The rebel steamers Merrimac, Jamestown and Yorktown, attacked
the Federal fleet at Hampton Roads, destroying the Cumberland and the
Congress, and damaging several other vessels. The Federal loss, in
addition to the vessels, was 201 killed and 108 wounded.
March 9.—Duel of the Ironsides in Hampton
Roads. After three hours’ fighting the Merrimac was towed under the
protection of the battery at Sewall’s Point, and never renewed the
contest. The Monitor was uninjured.
March 11.—General McClellan took command
of the Army of the Potomac; General Fremont of the Mountain Department,
and General Halleck of the Department of the Mississippi. Manassas
occupied by Union troops.
March 12.—Commodore Dupont took
possession of Jacksonville, Florida. The rebels driven from their works
at Paris, Tennessee.
March 13.—The Confederates evacuated
their works at New Madrid, Mo., in such haste as to leave 25 pieces
of artillery, and a large quantity of military stores, valued at
$1,000,000.
March 14.—General Burnside attacked the
rebels in their fortifications at Newbern, N. C. After a fight of four
hours, the enemy retreated, leaving a large quantity of ammunition,
provisions and stores in the hands of the victors. The Union loss was
91 killed and 466 wounded.
March 16.—Commodore Foote commenced the
attack on Island No. 10. Rebels defeated at Cumberland Mountain, Ky.
March 18.—Rebel fortifications at Acquia
Creek evacuated. Confederates defeated at Salem, Ark.
March 23.—The Union force engaged was a
part of General Shield’s army, and numbered about 8,000, commanded by
Colonel Kimball. The fight commenced at ten o’clock in the morning, and
lasted until three o’clock in the afternoon. The rebels were finally
defeated, and retreated to Strasburgh, leaving their dead and wounded
upon the field. The Union loss was 103 killed and 440 wounded.
March 28.—Fight at Pigeon Ranch, New
Mexico, between 3,000 Union troops under Colonel Hough, and 1,100
Texans. The battle was a drawn one.
March 31.—Colonel Buford dispersed the
rebels at Union City, Tennessee.
April 6.—The rebels under Generals
Johnson and Beauregard, attacked General Grant’s army at Pittsburgh
Landing. The Union forces were driven back to the river and a number of
prisoners captured.
April 7.—The battle of Shiloh renewed.
General Buell arrived during the night with reinforcements. The battle
lasted throughout the day with varied success, but the rebels were
finally defeated and driven to their fortifications at Corinth. The
Federal loss was 1,614 killed, 7,721 wounded and 3,956 missing. The
rebel General Johnson was killed.
April 8.—Island No. 10 captured, 5,000
prisoners, 100 siege guns, 24 pieces of field artillery, 5,000 stands
of small arms, 2,000 hogsheads of sugar and a large quantity of
clothing, tents and ammunition.
April 11.—Fort Pulaski, commanding the
entrance to Savannah, surrendered after a bombardment of thirty hours.
General Mitchell occupied Huntsville, Ala., taking 200 prisoners, 15
locomotives and a large number of cars. The rebel iron-clad Merrimac
makes her second appearance in Hampton Roads, destroying three small
vessels. Congress passed the bill abolishing slavery in the District of
Columbia.
April 12.—The enemy attacked General
Milroy at Monterey, Virginia, but were repulsed. General Mitchell
captured 2,000 prisoners at Chattanooga.
April 18.—The rebels attacked General
Smith’s division at Yorktown, but were repulsed. Bombardment of
Forts Jackson and Phillip, on the Mississippi below New Orleans,
commenced.
April 19.—Fight between General
Burnside’s troops and the enemy, near Elizabeth City, N. C. The latter
were defeated. Union loss 11 killed. General Reno, with 2,000 Union
troops, defeated the enemy at Camden, N. C. Union loss 14 killed and 99
wounded.
April 24.—The Union fleet having removed
the obstructions in the Mississippi, passed Forts Jackson and St.
Phillip on its way to New Orleans.
April 25.—Commodore Farragut arrived
at New Orleans and took possession of the city. Fort Macon, Georgia,
surrendered after a bombardment of eleven hours. General C. F. Smith
died at Savannah, Tenn.
April 28.—Forts Jackson and St. Phillip
surrendered. In the capture of New Orleans the rebels lost, in addition
to the forts, 13 gunboats, among them the ram Manassas and the
iron-clad Louisiana.
April 29.—General Mitchell defeated the
rebels at Bridgeport, Alabama.
May 3.—The rebels evacuated Yorktown,
Jamestown, and Mulberry and Gloucester Islands, leaving ammunition,
camp equipage and 100 guns behind.
May 5.—The troops were commanded by
Generals Hancock and Hooker. The rebels were defeated, and retreated
in the night toward Richmond. Union loss 200 killed and 700 wounded.
General Dumont attacked Morgan’s cavalry at Lebanon, Tenn., killed
66 and took 183 prisoners. Union loss 10 killed, and 26 wounded and
missing.
May 7.—Generals Franklin and Sedgewick,
with a force of 20,000 men, were attacked by General Lee. The rebels
were defeated. Union loss about 300 killed and wounded.
May 8.—General Milroy attacked the enemy
at McDowell’s, Va. After a fight of five hours General Milroy was
forced to withdraw. Federal loss 29 killed and about 200 wounded.
May 9.—The rebels evacuated Pensacola,
and destroyed the Navy Yard.
May 10.—The Federal forces took
possession of Norfolk, Va. The result of this movement was the
destruction of the iron-clad Merrimac and the capture of a number of
guns and a large amount of ammunition. Gosport Navy Yard destroyed by
the rebels. Gunboat fight on the Mississippi, near Fort Wright; the
rebels were repulsed, losing two vessels.
May 12.—Natchez, Mississippi, surrendered
to Commodore Farragut.
May 16.—The Union gunboats repulsed at
Fort Darling.
May 17.—Rebels driven across the
Chickahominy, at Bottom Bridge.
May 23.—The rebel Colonel Heath attacked
the Federal troops at Lewisburgh, Va. After an hour’s fighting the
rebels were defeated. Union loss 14 killed and wounded.
May 24.—Colonel Kenley, commanding the
Federal troops at Front Royal, Va., was attacked by a large force of
the enemy and defeated with a heavy loss.
May 25.—General Banks defeated at
Winchester, Va., and driven across the Potomac.
May 27.—Confederates defeated at Hanover,
Va. Union loss 35 killed and 220 wounded.
May 29.—Rebels evacuated Corinth,
Miss.
May 30.—Union troops took possession of
Corinth.
May 31.—The rebels, under General Johnson,
attacked the left wing of the Army of the Potomac, commanded by General
Casey, at Fair Oaks. Union forces were driven back.
June 1.—Battle of Fair Oaks was renewed, resulting in the
repulse of the rebels. Union loss 890 killed and 4,844 wounded.
June 4.—Confederates abandoned their
works at Fort Wright, on the Mississippi.
June 6.—Gunboat engagement on the
Mississippi, near Memphis. Seven rebel boats were destroyed or
captured. After the naval battle Memphis surrendered to the Union
troops. Skirmish near Harrisonburg, Virginia; the rebel General Ashby
killed.
June 8.—Battle of Cross Keys, Va.,
between General Fremont’s army and the Confederate army, commanded by
General Jackson. The latter were defeated.
June 16.—Fight on James Island, near
Charleston, S. C. Federals defeated with a loss of 85 killed, 172
wounded and 128 missing.
June 17.—Colonel Fitch destroyed a rebel
battery at St. Charles, Ark. 125 were killed by an explosion on one of
the Federal gunboats.
June 18.—Union troops occupied Cumberland
Gap.
June 26.—General Pope assigned to
the command of the Army of Virginia. Commencement of the six days’
fight before Richmond. The rebels attacked McClellan’s right wing at
Mechanicsville. The day closed, battle undecided.
June 27.—Bombardment of Vicksburg
commenced. General Fremont relieved of his command. Battle before
Richmond renewed; the Federals were driven back; loss heavy on both
sides. White House evacuated by the Union troops.
June 28.—Incessant fighting all day
between the right wing of the Union army on the Chickahominy, and the
left wing of the rebels; the enemy were repulsed. In the evening the
Unionists were ordered to fall back.
June 29.—Battle before Richmond renewed
by an attack on the Union forces at Peach Orchard; the rebels were
driven back, but late in the evening made another attack at Savage’s
Station. The fight continued until nine at night. The Union wounded
fell into the hands of the enemy.
June 30.—Battle of White Oak Swamp; heavy
loss on both sides. General McClellan continues his retreat towards
James river. In the afternoon the gunboats opened fire on the enemy,
who were also subsequently charged by General Heintzelman’s corps and
routed, leaving 2,000 prisoners in the hands of the Unionists.
July 1.—Battle of Malvern Hill, and last
of the Richmond battles. The rebels were repulsed at every point. The
Union loss during the six days’ fighting before Richmond was 1,561
killed, 7,701 wounded and 5,958 missing. President Lincoln calls for
300,000 additional volunteers.
July 7.—Skirmish at Bayou Cache, Ark.,
between a portion of General Curtis’s army and the rebels under General
Pike; the latter were defeated. Skirmish at Jasper, Ala.; Federals
defeated.
July 9.—Hamilton, North Carolina,
captured by the Federal troops.
July 11.—The rebel General Morgan
entered Glasgow, Kentucky, and issued a proclamation calling upon the
Kentuckians to rise. General Halleck appointed commander of all the
land forces of the United States.
July 13.—Fight at Murfreesboro, Tenn.;
Union troops surrendered; $30,000 worth of commissary stores captured,
and a number of prisoners taken. General Morgan captured Lebanon, Ky.,
burned part of the town and robbed the Bank.
July 17.—The rebels under Morgan captured
Cynthiana, Ky., and burned several railroad bridges.
July 18.—A band of rebels entered the
town of Newburgh, Ind., and destroyed some hospital stores, took 250
stand of arms and retreated across the Ohio. The traitor, General
Twiggs, died.
July 19.—Severe skirmish at Memphis,
Tenn.; Union loss 6 killed and 32 wounded.
July 21.—John S. Phelps appointed
Military Governor of Arkansas.
July 22.—The siege of Vicksburg
abandoned. The rebels destroyed a quantity of commissary stores at
Florence, Ala., and burned all the cotton in the place.
July 28.—Rebels defeated at Moore’s Hill,
Mo.; Union loss 10 killed and 30 wounded.
Aug. 3.—The rebel General Jeff. Thompson
defeated near Memphis, Tenn. General Halleck ordered General McClellan
to evacuate the Peninsula of Virginia.
Aug. 4.—The Secretary of War ordered a
draft of 300,000 men. The rebel ram Arkansas destroyed by her crew.
Aug. 5.—General Robert McCook murdered by
the rebels, while wounded and riding in an ambulance. The Confederate
General J. C. Breckinridge made an unsuccessful attack on Baton Rouge,
La. Union loss was 56 killed and 175 wounded and missing.
Aug. 10.—Confederates under General
Jackson crossed the Rapidan river, and attacked General Banks at Cedar
Mountain. The contest was short but severe. General Banks held his
position, while the enemy fell back two miles, and did not renew the
fight. The Union army numbered 7,000; their loss was 450 killed, 660
wounded, and 290 prisoners.
Aug. 16.—General McClellan evacuated
Harrison’s Landing.
Aug. 19.—General Wright placed in command
of the Department of the Ohio. Colonel Rodney Mason surrendered
Clarksville, Tenn., to an inferior force, without firing a gun.
Aug. 25.—Confederates made an
unsuccessful attack on Fort Donelson.
Aug. 26.—The rebel General Ewell drove
the Union troops from Manassas.
Aug. 27.—General Pope finding his
right turned by General Ewell, fell back towards Warrenton, when he
was joined by General Hooker; overtaking the rebels under Ewell at
Haymarket a severe fight ensued, terminating in the defeat of the
enemy. The Federal gunboats destroy the rebel works at City Point, Va.
Aug. 29.—The battle was opened by General
Sigel early in the morning. At 10 A. M.
both wings of the Union army were hard pressed and the situation
became very critical, when Generals Reno and Kearney arrived with
reinforcements. The fight continued until 6 P.
M., when the enemy retired.
Aug. 30.—The Confederates made the attack
at 6 A. M. The Union troops under General
Manson were defeated with a loss of about 200 killed, 700 wounded, and
2,000 prisoners. Rebels defeated at Bolivar, Tenn.
Aug. 30.—The Federal forces under General
Pope defeated.
Aug. 31.—Bayou Sara, La., destroyed by
the U. S. gunboat Essex.
Sept. 1.—Fight at Britton’s Lane, Tenn.;
rebels retired leaving their dead on the field. Union loss 5 killed, 78
wounded, and 92 missing.
Sept. 1.—The Union troops were commanded
by Generals Hooker, Reno and Kearney. The rebels retired leaving their
dead and wounded on the field. This was the last fight in which General
Pope’s army was engaged. In the five battles fought since August 26,
the Army of Virginia had lost about 1,000 killed, 6,000 wounded, and
2,000 prisoners. The Union troops evacuated Lexington, Ky.
Sept. 2.—General McClellan appointed to
the command of the troops for the defense of Washington.
Sept. 5.—Confederates began crossing the
Potomac into Maryland.
Sept. 6.—The rebels made an attack on the
Union garrison at Washington, N. C.; were repulsed. Union loss 8 killed
and 36 wounded. Colonel Lowe recaptured Clarksville, Tenn.
Sept. 7.—General Banks assigned to
the command of the fortifications in and around Washington. General
McClellan took the field at the head of the Army of the Potomac.
Sept. 12.—Fight at Middletown, Md. Union
loss, 80 killed and wounded.
Sept. 14.—General McClellan overtook the
enemy at South Mountain, Md. A general engagement took place. The fight
was severe and the loss heavy on both sides, the Unionists losing 443
killed and 1,806 wounded. General Reno was among the killed. The rebels
retreated towards the Potomac.
Sept. 15.—Harper’s Ferry surrendered,
after two days’ fighting, to the enemy, with all the garrison,
consisting of 8,000 men. The rebels attempted to destroy the Green
river bridge, on the Louisville and Nashville R. R., but were
defeated.
Sept. 16.—Munfordsville, Ky., captured by
the rebels; about 4,000 taken prisoners.
Sept. 17.—The battle was fought on
Antietam Creek, near Sharpsburg, Md., and began early in the morning
and continued until evening. Armies each numbering nearly 100,000 men.
The battle was fought with great determination. During the night the
Confederates retreated, leaving 3,500 prisoners, 39 stand of colors,
and 13 guns in the hands of the victors. The Union loss was 2,010
killed, 9,416 wounded, and 1,043 missing. Cumberland Gap evacuated by
the Federals.
Sept. 18.—Confederates recrossed the
Potomac into Virginia, having been in Maryland two weeks. The rebels
evacuated Harper’s Ferry.
Sept. 19.—General Rosecrans commenced an
attack on the rebel forces at Iuka, Miss.
Sept. 20.—Confederates evacuated
the place during the night. The Union loss was 135 killed and 527
wounded.
Sept. 27.—Fight at Augusta, Ky. The Union
garrison, 120 strong, surrendered after a gallant defense. Their loss
was 9 killed, 15 wounded and the rest prisoners.
Sept. 29.—General Nelson was shot by
General Jeff. C. Davis at Louisville, Ky.
Oct. 3.—The rebels under Price and Van
Dorn attacked the Union troops and drove them into the town.
Oct. 4.—Battle of Corinth renewed. The
Confederates were defeated with heavy loss. The Union loss was 315
killed and 1,802 wounded.
Oct. 6.—The Confederates attacked General
Palmer’s brigade at Lavergne, Tenn., but were defeated. Union loss, 5
killed and 13 wounded and missing.
Oct. 8.—The advance of Buell’s army was
attacked at Perryville, Ky., by a superior force of the enemy under
Generals Jackson and Perrell. The Confederates retreated during the
night. Union loss was over 3,000 killed and wounded.
Oct. 10.—The rebel cavalry under General
Stuart entered Chambersburg, Penn., and captured a quantity of small
arms and clothing.
Oct. 18.—The rebel General Morgan
occupied Lexington, Kentucky.
Oct. 19.—The Confederate General Forrest
defeated near Gallatin, Tenn.
Oct. 22.—Rebel salt works in Florida
destroyed. General Blunt defeated the rebels at Maysville, Ark.,
capturing all their artillery. Fight at Pocotaligo, S. C. The Federals
attempted to gain possession of the Charleston and Savannah railroad,
but were repulsed with a loss of 30 killed and 180 wounded.
Oct. 27.—Fight at Labadieville, La.;
rebels defeated; Union loss, 17 killed and 74 wounded.
Oct. 28.—General Herron defeated the
rebels near Fayetteville, Arkansas.
Oct. 30.—General Rosecrans assumed
command of the Army of the Cumberland. General Mitchell died at Port
Royal, South Carolina.
Nov. 5.—General McClellan relieved of the
command of the Army of the Potomac, and General Burnside put in his
place.
Nov. 11.—General Ransom defeated the
rebels under Woodward, near Garrettsburg, Kentucky. Under the cartel
the following officers were exchanged: U. S. officers—Brigadier
Generals, 3, Colonels, 18, Lieutenant Colonels, 19, Captains, 431,
Lieutenants, 545; Confederate officers—Colonels, 27, Lieutenant
Colonels, 17, Captains, 467, Lieutenants, 1,085. About 24,000 privates
were also exchanged, leaving a balance due the United States of 6,000
privates.
Nov. 16.—President Lincoln enjoined on
the United States forces the orderly observance of the Sabbath.
Nov. 17.—A cavalry fight took place near
Kingston, North Carolina. The enemy was driven from his position and
his barracks destroyed.
Nov. 22.—All political State prisoners
released.
Nov. 28.—The Union army, numbering 1,000
men, was commanded by General Blunt. The rebels were defeated, with a
heavy loss, and retreated to Van Buren.
Dec. 1.—An expedition sent from Suffolk,
Va., recaptured the Pittsburg Battery, which had been taken from the
Union army on the Peninsula.
Dec. 2.—Skirmish near Charleston, Va.
Rebels defeated, losing 70 killed and wounded and 145 prisoners.
Dec. 6.—General Banks’ expedition sailed
for New Orleans.
Dec. 7.—The Union army was commanded by
Generals Blunt and Herron. The rebels were defeated with heavy loss,
and retreated during the night. The Union loss was 495 killed and
500 wounded. The rebel General Morgan captured the 104th Illinois,
the 106th and 108th Ohio, and a number of the 2d Indiana cavalry, at
Hartsville, Tenn. Unionists lost, besides prisoners, 55 killed.
Dec. 11.—The city of Fredericksburg
bombarded by the Union troops, under cover of which they crossed the
Rappahannock.
Dec. 13.—Confederate works were attacked
by the Union troops in three divisions, under Sumner, Hooker and
Franklin, but were repulsed. Federals lost 1,512 killed, 6,000 wounded,
and 100 prisoners. General Foster left Newbern, N. C., for the purpose
of destroying the railroad at Goldsboro’. He came up with the enemy at
Southwest creek; after a short engagement, they retired to Kingston,
where they were again attacked and driven from their position with
a loss of 11 pieces of artillery and 400 prisoners. Severe skirmish
at Zuric, Va.; rebels defeated and part of their force captured. An
expedition under Commodore Parker destroyed the rebel salt works, also
five schooners and two sloops in Mob Jack Bay.
Dec. 16.—General Burnside’s army removed
to the north side of the Rappahannock. General Foster defeated the
rebels at White Hall, N. C.
Dec. 17.—The Union troops occupied Baton
Rouge, La. General Foster defeated the rebels at Goldsboro’, N. C.
destroying the railroad bridge.
Dec. 19.—The rebels recaptured Holly
Springs, Miss., taking the garrison prisoners, and destroying a large
quantity of ammunition, commissary stores and cotton.
Dec. 21.—General Carter left Kentucky
for the purpose of destroying two important railroad bridges in East
Tennessee. The expedition was successful.
Dec. 23.—The Confederates attacked
General Sigel at Dumfries, Va., but were repulsed.
Dec. 27.—General Sherman attacked the
advanced works of the enemy about 6 miles from Vicksburg, at the same
time the gunboats attacked the rebel batteries on Haines’ Bluff.
Dec. 28.—The Federals drive the rebels
from the first and second lines of defense and advanced to within two
and a half miles of Vicksburg. General Blunt entered Van Buren, Ark.,
capturing four steamboats laden with provisions.
Dec. 29.—The Confederates attacked
General Sherman with their whole force, and drove him back to the first
lines of defense.
Dec. 31.—Skirmishing had been going on
for two days, but to-day the engagement became general. The Union
army numbered 45,000 men, under General Rosecrans. The main attack of
the rebels was made on General Rosecrans’ right, commanded by General
McCook. The division was driven back four miles, and lost 26 guns;
but reinforcements being sent from the left and center, the enemy was
in turn repulsed and the lost ground regained. The iron-clad steamer,
Monitor, foundered on the coast of South Carolina. West Virginia
admitted into the Union as a State.
Jan. 1.—General Sullivan defeated the
rebels under Van Dorn, at Hunt’s Cross Roads, near Lexington, Tenn.
Early in the morning of January 1st a rebel force of 3,000 men under
the command of General Magruder, made an attack on the Union troops
numbering 300, at Galveston, Texas. At the same time the rebel
batteries and two rebel steamers attacked the blockading fleet. The
fight lasted several hours, resulting in the capture of the troops
on land and the steamer Harriet Lane. The U. S. vessel Westfield got
aground, and was destroyed to prevent its falling into the hands of the
enemy. The explosion took place prematurely, before Commodore Renshaw
had left, and he perished with his vessel.
Jan. 3.—Since the hard battle of
December 31st, fighting had been going on between the two armies at
Murfreesboro’. The Confederates made an attack on the Federal lines
Jan. 1st, and another Jan. 2d, but were repulsed in both cases. On the
night of Jan. 3d, they commenced their retreat. The following is the
official statement of the Union loss at the battle of Stone River:
killed 1,697, wounded 6,425, and 3,550 missing. The Federal army
withdrew from before Vicksburg. The Union loss in the second attack on
Vicksburg was about 600 killed, 1,500 wounded and 1,000 missing.
Jan. 7.—The Confederates made an attack
on Springfield, Mo., where a large quantity of army stores had been
deposited. The place was bravely defended by General Brown and the
rebels defeated. Union loss 17 killed.
Jan. 10.—The attack was commenced
Saturday night by the Mississippi Squadron, under Admiral Porter. On
the following day the land forces under General McClernand, joined in
the fight, and before night all the fortifications were taken. About
7,000 prisoners, and a large quantity of ammunition were captured.
The Union loss was about 200 killed and wounded. Two rebel iron-clad
vessels made an attack on the blockading fleet at Charleston, South
Carolina. The Mercedita and Keystone were severely injured, and the
inner line of blockaders driven off for a time, but the outer line of
vessels were not disturbed and the blockade was not interrupted.
Jan. 12.—Three Federal transports on the
Cumberland river were captured by the enemy. The gunboat Slidel, which
was in company surrendered without firing a gun.
Jan. 14.—Fight at Bayou Teche, La.,
a number of rebels were captured, and the rebel gunboat Cotton,
destroyed.
Jan. 20.—The Morning Light and Velocity,
blockading Sabine City, Texas, were both captured by the rebels. A few
days after, the Morning Light was destroyed to prevent its recapture by
the Federals.
Jan. 22.—After the capture of Arkansas
Post, General McClernand returned to Vicksburg and resumed the siege
of that place. Work was also resumed on the canal across the point
opposite Vicksburg.
Jan. 27.—The iron-clad Montauk, and three
wooden gunboats, made an attack on Fort McAllister, at the mouth of the
Ogeechee river near Savannah, Ga., but failed.
Jan. 28.—General Burnside relieved of the
command of the army of the Potomac, and General Hooker appointed in his
place. General Sumner and General Franklin were relieved from duty in
the army of the Potomac.
Jan. 31.—The Confederate General Pryor
made an attack on the Union troops under General Peck, at Blackwater,
Va. The rebels were repulsed. The fighting resulted in a Union loss
of 24 killed and 80 wounded. Skirmish at Rover, Tenn., rebels were
defeated with a loss of
12 killed and 300 wounded.
Feb. 1.—The gunboats made another attack
on Fort McAllister, but were unsuccessful.
Feb. 2.—The Federal ram Queen of the
West, ran the blockade at Vicksburg, but was captured a few days after
by the rebels. Stokes’ Tennessee cavalry and one Kentucky regiment
attacked a rebel camp near Middletown, Tenn., dispersing the enemy and
captured the camp.
Feb. 13.—The iron-clad Indianola ran the
blockade at Vicksburg, and was captured by the rebels.
Feb. 18.—The gunboats commenced the
bombardment of Vicksburg, but without accomplishing anything.
Feb. 26.—A train of 28 cars on the
L. & N. R. R., captured by the rebels at Woodburn, Ky., and
destroyed.
Feb. 27.—The rebel steamer Nashville,
while attempting to run the blockade, got aground near Fort McAllister,
and was destroyed by the blockading fleet.
March 5.—Five regiments of infantry, two
of cavalry, and one battery, under the command of Colonel Coburn,
were attacked by a superior force of rebels under Van Dorn, at
Thompson’s Station, near Franklin, Tenn. The unequal contest resulted
unfortunately to the Union cause. The Federal loss was 120 killed, and
1,206 taken prisoners.
March 7.—General Minty attacked a rebel
cavalry force at Unionville, Tenn., capturing their wagons, horses and
tents, and about 60 prisoners.
March 9.—A band of rebel cavalry passed
through the Union lines, entered Fairfax, Va., and captured General
Stoughton and a few privates.
March 13.—The Confederates made an
unsuccessful attempt to recapture Newbern, N. C. Commodore Farragut’s
fleet attempted to pass the rebel batteries at Port Hudson, but only
a part of the vessels succeeded. The Mississippi got aground and was
destroyed.
March 17.—Two hundred cavalry under
command of General Averill, crossed the Rappahannock, near Kelly’s
Ford, where but a single horseman could cross at once, and in the face
of a most terrible fire from rifle pits and sharpshooters, charged
the rebels in their intrenchments, killing or capturing nearly the
whole force. They then encountered Stuart’s cavalry, and after a
desperate hand-to-hand encounter, of five hours, routed them with great
slaughter, capturing 80 prisoners.
March 20.—John Morgan with 4,000 men
was totally defeated near Milton, Tenn., by Colonel Hall, with
1,400 mounted men. The negro brigade took Jacksonville, Florida.
Major-General Burnside appointed to command the Department of the
Ohio.
March 22.—Rebels under Clarke, captured
Mt. Sterling, Ky.
March 28.—The rebel steamer Iris,
captured by the U. S. steamer Stellin 30 miles north of Charleston, S. C.
April 1.—Two hundred and fifty of
Jenkins’ rebel cavalry attacked Point Pleasant. An expedition from
Murfreesboro’ under General Hazen, attacked a rebel camp near Woodbury,
killing and wounding 20, capturing 30 prisoners, 50 horses and a lot of
mules and wagons; the rebels were 600 strong, and under the command of
Colonel Smith.
April 6.—General Mitchell with 300
cavalry dashed into a rebel camp near Nashville, on a sabre charge,
capturing 5, killing 15, and capturing all their tents, arms, horses
and equipments.
MILLARD FILLMORE.
April 7.—The Federal fleet was composed
of nine iron-clad vessels, under the command of Commodore Dupont. The
fight began in the afternoon of April 7th, and lasted about two hours.
Keokuk was so badly damaged that she sunk in a few hours. Several other
vessels were temporarily disabled. The fleet was then withdrawn.
April 10.—General Van Dorn’s forces
attacked General Granger at Franklin, Tenn., and were driven back with
loss.
April 17.—General Banks’ command left
Baton Rouge, fought three battles, two on land and one on Grand Lake,
capturing 2,000 prisoners. Our loss was 700. Six vessels of Porter’s
fleet ran by the rebel batteries at Vicksburg.
April 18.—Fayetteville, Ark., attacked
by 3,000 rebels, with four pieces of artillery; Union forces numbered
but 2,000. The rebels were repulsed. Our loss was 5 killed and 17
wounded.
April 22.—The ram Queen of the West,
was captured in Grand Lake, with Captain Fuller and all her officers
and crew, numbering 90. General McClellan’s staff disbanded. A small
mounted force under Colonel Wilder, attacked McMinnville, Tenn., at
1 o’clock, A. M., surprised the rebel
force under Grigsby, destroyed the railroad depot and bridges, and an
immense quantity of cotton and army supplies, capturing 300 prisoners.
Banks occupied Opelousas and Washington, Miss. The Baltimore and Ohio
R. R. destroyed between Cumberland and Grafton. The advance guard of
Marmaduke’s army, under command of Colonel Newton, was surprised—the
entire regiment being either killed or captured by the Union forces
under Vandever.
April 30.—Colonel Mulligan repulsed by
the rebels at Fairmont, Western Virginia, and the B. & O. R. R.
bridges blown up at Fairmont and Cheat river.
May 1.—General Carter with 5,000 men
crossed the Cumberland, below Somerset, Ky., and attacked the rebel
forces at Monticello, under Pegram, driving them from the field. Rebels
lost 66 men. Marmaduke’s forces driven out of Missouri by Vandever.
Grant defeated General Bowen with a loss of 1,550 men and 5 pieces
of artillery.
May 2.—On the morning of the 17th of
April, 1863, the 6th and 7th Illinois cavalry, 900 strong, under
command of Colonel Grierson, of the 6th Illinois, (together with 6
pieces of artillery,) set out from Lagrange, Tennessee, and pursuing in
the main a Southerly course, marched through the center of Mississippi,
destroying as they went, railroads, bridges, cars, locomotives, and
stores of all kinds, belonging to the rebels, in immense quantities.
Traveling on an average 40 miles a day, they reached Baton Rouge,
Louisiana, on the evening of the 2d of May. They had traveled nearly
800 miles in 16 days, and traversed 17 counties. At several points the
enemy made great attempts to capture them but failed. They brought into
Baton Rouge over 1,000 horses and a large number of cattle; 500 negroes
followed them.
May 3.—The second attempt to capture
the rebel fortifications at Fredericksburg, Va., was made by the
Army of the Potomac, under General Hooker, and failed. The army
commenced marching April 27th, the main body crossing the Rappahannock
at Kelley’s Ford, about 20 miles north-west of Fredericksburg,
then marching south, crossed the Rapidan, and took their position
at Chancellorville, about 10 miles west of Fredericksburg. Severe
skirmishing took place on Friday and Saturday, May 1st and 2d; but the
main battle was fought on Sunday, May 3d, resulting in the defeat of
the Federal troops. In the meantime General Sedgwick had crossed the
Rappahannock and occupied Fredericksburg. He, too, was defeated, and
compelled to retire to the northern bank of the river. Hooker’s army
recrossed the river on the night of May 5th. The loss on each side was
about 15,000 killed, wounded and prisoners.
While the fight was going on near Fredericksburg, General Stoneman,
with a large cavalry force, crossed the Rapidan east of Orange
Court House, and made a bold and partially successful raid into the
enemy’s country. A portion of the railroad between Gordonsville
and Charlottsville was destroyed, and considerable damage done to
the Virginia Central, and Richmond and Fredericksburg R. R. Large
quantities of provisions were destroyed at different points.
May 5.—Vallandigham arrested by order of
General Burnside, at his residence in Dayton, Ohio. Office of the
Dayton Journal destroyed by the mob. Suffolk, Va., abandoned by the
rebel troops, and fortifications destroyed. Alexandria, La., captured
by Admiral Porter. 100 prominent secessionists of St. Louis sent
South.
May 8.—Colonel Streight’s command of
1,700 men captured by Forrest’s cavalry, two miles from Cedar Bluff,
Ga., after severe fighting. The rebel General Van Dorn killed by Dr.
Peters, in Manny county, Tennessee.
May 9.—Colonel Jacobs, with Kentucky
cavalry, attacked and routed a guerrilla force near Horse Shoe Bend, on
the Cumberland river; killed a number, took 8 prisoners and destroyed
their camp.
May 10.—The rebel General Stonewall
Jackson died at Richmond, Va., of wounds and pneumonia.
May 11.—The Buell Court of Inquiry
adjourned, after a session of 165 days.
May 12.—General McPherson, of Grant’s
command, attacked Raymond, Miss., and took the town after a hard
fight of two hours. The enemy lost 76 killed, 639 wounded, and 186
prisoners.
May 13.—Grant defeated Joseph S. Johnson
and captured Jackson, Miss., with 7 cannon, and large quantities of
military stores, besides 400 prisoners. The State Capitol was destroyed
by fire. Colonel W. K. Breckenridge, with only 55 men of the 1st Union
Tennessee cavalry, attacked twice their number of rebels at Linden,
Tennessee, and captured 43 officers and privates, 50 horses, and a
quantity of other property.
May 15.—A severe fight near Suffolk, Va.,
in which the rebel detachment was defeated. Faulkner’s rebel cavalry
defeated near Holly Springs, Miss.
Between the rebel army under Lieut. General Pemberton, and the Union
forces under General Grant, occurred at Baker’s Creek, Miss., on the
15th of May. About 25,000 men were engaged upon each side. The rebels
met with a disastrous defeat, losing 2,600 in killed and wounded, 2,000
men prisoners, and 29 pieces of artillery.
May 17.—Grant again attacked Pemberton at
Big Black River bridge, and defeated him with a total loss of 2,600 men
and 17 cannon.
May 24.—Austin, Mississippi, burned by
Colonel Ellet’s Marine brigade.
May 25.—Vallandigham delivered to the
rebels at Murfreesboro’, Tenn. Rebel Navy Yard destroyed at Yazoo
City.
May 28.—The gunboat Cincinnati sunk by
the rebel batteries near Vicksburg. She went down with her flag flying.
25 men were killed and wounded, and 15 drowned.
May 29.—An immense train consisting
of 600 wagons, 3,000 horses and mules, 1,500 head of cattle, and
6,000 negroes, arrived from the Teche country, within General Banks’
lines.
June 1.—General Hunter removed from
the command of the Department of the South. General Gilmore succeeds
him.
June 3.—Colonel Montgomery, of the 2d
South Carolina (colored) regiment, made a most brilliant raid at the
head of 200 men. He passed up the Coosaw river, landing in full view
of two rebel regiments, who fled from the spot. He then penetrated 25
miles into the interior, and on his return brought away 725 negroes, a
fine lot of blooded horses and other property, valued at $600,000.
June 11.—Forrest with 5,000 cavalry and
two batteries of artillery, attacked the Union cavalry at Triune,
Tenn., under command of Colonel R. B. Mitchell. The rebels were
defeated, losing 21 killed and 70 wounded and prisoners. Six of
Mitchell’s men were killed. The notorious blockade runner, Herald,
was sunk at midnight by a broadside from our blockading fleet off
Charleston.
June 14.—General Ewell defeated General
Milroy at Winchester, Virginia, with a loss of 2,000 men, and drove him
to Harper’s Ferry.
June 17.—The rebel ram, Atlanta, was
decoyed into Wilmington Waters, off the coast of South Carolina, and
captured after a brief fight, by the Weehawken, commanded by Captain
John Rodgers. A division of our cavalry under Colonel Kilpatrick,
encountered General Fitzhugh Lee’s cavalry brigade, consisting of
five regiments, with artillery, near Aldie, Va., and a desperate
hand-to-hand encounter followed, ending in a hasty retreat on the part
of the rebel forces. 100 prisoners were captured.
June 21.—General McClernand removed by
Grant, and General Ord put in his place.
June 23.—Rebels under Johnston attacked
Osterhaus’ division on Big Black River, Mississippi, and were defeated
with great slaughter.
June 24.—Rosecrans advanced from
Murfreesboro’. Liberty Gap taken by Willich’s brigade, with a loss of
75 killed and wounded. Hoover’s Gap taken by Colonel Wilder’s mounted
brigade, with a loss of 53 killed and wounded.
June 25.—Another fight at Liberty Gap,
between a rebel division under Claiborne, and Willich, Wilder and
Carter’s brigades. Our loss, 40 killed and 100 wounded, that of the
rebels much greater. The rebels fled in disorder.
June 26.—Rear Admiral Foote died in New
York City. Colonel Wilder’s brigade destroyed the Deckert bridge, in
the rear of Bragg, between Tullahoma and Chattanooga.
June 28.—General Hooker was relieved of
his command of the Army of the Potomac, at his own request, and General
Meade succeeds him.
JULY, 1863. BATTLE OF GETTYSBURG, PENN.
July 1.—In the latter part of June the
rebel army, under General Lee, invaded Pennsylvania. On the 1st of
July they were attacked by General Meade near Gettysburg, and after a
three days’ battle, driven from the field, leaving 5,000 killed and
wounded in our hands. Meade took 20,000 prisoners. Missouri passed the
Ordinance of Emancipation. Rosecrans drove Bragg from Tullahoma.
July 4.—General Prentice, with 3,500 men,
defeated 18,000 rebels under Holmes at Helena, Ark. Union loss less
than 100; that of the rebels 2,400, including 1,600 prisoners.
July 4.—The siege of Vicksburg by the
Union army under Grant, commenced May 18, and was pressed forward with
almost unprecedented vigor until July 4, when Pemberton surrendered
to General Grant 27,000 prisoners, 132 cannon, and 50,000 stand of
arms.
July 5.—John Morgan captured Lebanon,
Kentucky, with 100 prisoners.
July 8.—In the month of May General Banks
invested Port Hudson. Two grand attacks were made by land and water
on the 27th of May and 14th of June, in which portions of the enemy’s
works were taken. At last, on the 8th of July, the commander,
Major-General Gardner, surrendered with 7,000 prisoners, 60 cannon,
and 10,000 stand of arms.
July 8.— Morgan, with 5,000 cavalry and
4 pieces of artillery, crossed the Ohio river into Harrison county,
Indiana, and marched rapidly through the southern part of the State
into Ohio, committing numerous depredations. On the 18th he was
overtaken by the troops under Colonels Hobson and Judah, near Pomeroy,
who captured all his artillery and 1,300 prisoners. With a mere
fragment of his command he retreated to Columbiana county, where, on
the 20th, he surrendered to General Shackleford.
July 17.—General Sherman attacked
Jackson, Miss., routed Johnson and occupied the city. Large stores
were captured, and also 40 locomotives, and all the rolling stock of
the 3 railroads. General Ransom occupied Natchez. A large quantity of
ammunition, 13 cannon, 2,000 head of cattle, and 4,000 hogsheads of
sugar fell into his hands. A severe fight occurred on Elk creek, Ark.,
between General Blunt with 2,400 Union troops, and General Tooper, with
5,000 rebels, in which the former were victorious. Union loss 40, that
of the rebels 184.
July 20.—A cavalry expedition sent out
by General Foster, struck the Wilmington and Weldon railroad at Rocky
Mount, N. C., burnt the long bridge over Tar river, tore up two miles
of track, destroyed the depot, a large cotton factory, a valuable
supply train, and 5,000 bales of rebel cotton. A cavalry force under
Colonel Tolland, of the 34th Ohio mounted infantry, burned Wytheville,
Va., after a severe fight, taking 3 cannon, 700 stand of arms, and 120
prisoners. Our loss was 65, including the brave Colonel Tolland; that
of the rebels 75 killed and many wounded.
July 22.—Colonel Wilder, of Rosecrans’
advance, shelled Chattanooga. Brashear City, La., recaptured by the
Union gunboat Sachem.
July 23.—A gallant fight occurred near
Manassas Gap, in which 800 men of General Spinola’s brigade, utterly
routed twice their number of Georgia and North Carolina troops, with
17 cannon.
July 23.—Kentucky again invaded. A small
detachment of Union troops at Richmond, under Colonel Sanders, badly
cut up by 2,000 rebels under Colonel Pegram, and compelled to retreat
to Lexington. Kit Carson, with a part of the 1st New Mexico regiment,
defeated the Navajoe Indians in a severe fight beyond Fort Canby.
July 31.—The Union forces in Kentucky,
under Colonel Saunders, thoroughly routed the rebel troops under Scott
and Pegram.
August 2.—A severe though indecisive
cavalry fight occurred at Culpeper, Va., between Buford and Stuart, in
which 100 prisoners were captured by the Union troops.
August 17.—The rebels having collected
an immense quantity of stores at Grenada, Mississippi, General Hurlbut
sent out an expedition under the command of Lieut. Col. Phillips, of
the 9th Illinois Mounted Infantry, to destroy them. Leaving Lagrange,
Tenn., on the 13th, Col. Phillips attacked the rebel forces at Grenada,
consisting of 2,000 men, under command of General Slimmer, and drove
them in confusion from the place. He then destroyed all the ordnance
and commissary stores, burnt the depot and machine shop, tore up the
railroad track and destroyed 57 locomotives, and more than 400 cars.
August 20.—The town of Lawrence, Kansas,
was surprised in the middle of the night by 300 guerillas, who had
collected in Cass county, Mo., under the leadership of Quantrill.
The town was set on fire and 182 buildings burned to the ground, and
$2,000,000 worth of property destroyed. 191 persons were killed, many
of whom were helpless women and children; 581 were wounded, many of
them mortally. After the departure of the guerillas, the citizens
organized under General James H. Lane and pursued them to their
headquarters at Grand River, Mo., where they scattered in various
directions. About 80 of the murderers were killed.
August 22.—Colonel Woodson’s cavalry
made a successful onslaught upon numerous guerilla bands in Arkansas,
capturing Jeff. Thompson with his entire staff. General Blunt, with
4,500 men, attacked General Cooper, with 11,000 rebel troops, in the
Indian Territory, and compelled him to retreat to Red River.
August 29.—The rebel army in Arkansas,
under General Price, severely pushed by the Union forces under General
Steele. Steele’s advance, under General Davidson, drove 3,000 rebels,
under Marmaduke, out of Brownsville, and across the Arkansas river.
Sept. 1.—General Blunt defeated the rebel
forces in Arkansas under Cooper and Cobell, and captured Fort Smith.
The rebels evacuated Little Rock.
Sept. 4.—Burnside occupied Knoxville,
Tenn., and was hailed with delight by the inhabitants.
Sept. 8.—A land and naval force under the
command of General Franklin, made an attack on the rebel fortifications
at Sabine City, Texas, but were repulsed with a loss of two small
boats.
Sept. 9.—General Crittenden’s Division of
Rosecrans’ army, entered Chattanooga.
Sept. 10.—General Burnside captured
Cumberland Gap, with 2,000 prisoners and 14 pieces of artillery, under
the command of Major-General Frazer. General Steele took possession of
Little Rock, Ark.
Sept. 19.—The battle was commenced by
General Bragg in the morning and continued all day.—At night both
armies occupied nearly the same position that they did in the morning.
On the next day the battle was renewed by the rebels and lasted until
dark. The Union army was defeated and driven back to Chattanooga.
The Federal loss was about 1,800 killed and 9,500 wounded, and 2,500
prisoners.
Oct. 9.—Wheeler’s rebel cavalry, which
had come north of the Tennessee river, for the purpose of cutting
Rosecrans’ communications, was defeated with considerable loss, at
Farmington, Tenn., and again near Shelbyville.
Oct. 20.—The Departments of the
Cumberland and Mississippi were consolidated and placed under the
command of General Grant. General Rosecrans removed and General Thomas
appointed in his place.
Nov. 25.—The rebel army under Bragg was badly whipped near
Chattanooga, losing about 6,000 prisoners, and 52 guns. The Union loss
was between 3,000 and 4,000 in killed and wounded.
Dec. 4.—General Longstreet commenced
the siege of Knoxville, November 17th. On the 29th there was a severe
fight, in which the Confederates were defeated. This, with the defeat
of Bragg, at Chattanooga, compelled Longstreet to raise the siege. He
retreated toward Virginia, pursued by Burnside’s forces; while another
army under General Foster, started from Cumberland Gap to cut off their
retreat.
Feb. 1.—The Union outposts near Newburn
were attacked by a strong force and fell back in good order, with but
little loss.
Feb. 9.—A large number of prisoners,
including Colonel Streight, escaped from Libby Prison, Richmond.
Feb. 15.—General W. T. Sherman, with his
command, arrived at Meridian, Miss., on his great raid into the heart
of the enemy’s country. After accomplishing his object in destroying
railroads and stores, he returned to Vicksburg with immense booty.
Feb. 20.—The advance into Florida of the
Union forces, about 5,000 strong, under General Seymour, was repulsed
near Olustee, with a loss of 1,200. Rebel loss about the same.
Feb. 22.—A heavy reconnoitering force
sent out from Chattanooga by General Grant, met and defeated the enemy
at Tunnel Hill.
March 8.—General Grant was formally
presented, by the President, with his commission as Lieutenant-General,
and on the 12th was assigned to the command of the armies of the United
States.
March 15.—The Union forces under General
A. J. Smith, captured Fort De Russey, La., on Red river, with 325
prisoners, 12 pieces of artillery, 2,000 barrels of powder, with an
immense amount of ammunition and stores.
March 25.—About 5,000 rebels under
Forrester, captured Paducah, Ky., and fired the place. Union loss, 12
killed and 40 wounded; rebel loss, 150 killed.
March 28.—The 54th Illinois regiment
attacked by Coles county copperheads, at Charleston, Ill.
April 8.—The advance of General Banks’
expedition up Red river, under the direction of General Stone, was
repulsed near Shreveport, La.; but on the following day our men
defeated the enemy. Our loss was about 2,000 and the enemy’s the
same.
April 12.—General Forrest overpowered
the Union forces at Fort Pillow, compelled them to surrender, and
immediately after commenced an indiscriminate massacre of our wounded
soldiers, both colored and white—not excepting women and children who
had taken refuge in the fort.
April 17 and 18.—At Plymouth, N. C., the
rebel ram and a battery sunk three Union gunboats.
April 23.—The Governors of Ohio,
Illinois, Iowa, Wisconsin and Indiana offer to raise for the General
Government 85,000 men for one hundred days.
April 26.—Government accept service of
one hundred day men, and appropriated $20,000,000 for their payment.
May 5.—Draft ordered in Massachusetts,
New Jersey, Ohio, Minnesota, Kentucky and Maryland.
May 6.—General Grant crossed the Rapidan,
and Lee fell back toward Richmond.
May 7.—Grant still advances driving Lee’s
forces before him.
May 8.—Sherman occupied Dalton.
May 9.—After 3 days’ hard fighting Lee’s
forces retreated, leaving 3,000 killed and 10,000 wounded on the field,
in possession of the Union army.
May 12.—Union troops victorious. They
capture 4,000 prisoners and 25 pieces of artillery.
May 13.—General Sheridan, with cavalry,
reached the rear of the enemy, near Hanover Junction, breaking two
railroads, capturing several locomotives, and destroying Lee’s depot
for supplies at Beaver Dam, containing over 1,000,000 rations.
May 15.—Sherman forced Johnson to
evacuate Resaca, after two days’ fighting.
May 23.—Army of the Potomac flanked the
rebels, under Lee, and forced them to evacuate their fortifications
near Spottsylvania Court House. John Morgan enters Kentucky with 4,000
men.
May 27.—Grant crossed the Pamunkey, and
occupied Hanovertown.
May 30.—Grant reached Mechanicsville.
June 3.—In which the rebels are routed
with heavy loss.
June 5.—Sherman flanked Johnson and
captured Ackworth Station.
June 7.—General Hunter defeats the rebel
General Jones, near Staunton, Va.
June 8.—Abraham Lincoln and Governor
Andrew Johnson were nominated for President and Vice-President. Morgan
defeated by General Burbridge, near Lexington, Ky.
June 11.—Morgan demanded of Governor
Bramlette the surrender of Frankfort, which the Governor refused.
June 12.—General Hancock drove the rebels
from Bottom Bridge at the point of the bayonet.
June 15.—General Smith attacked with a
force of 15,000 men.
June 20.—Rebels strongly reinforced by
Lee.
June 23.—Rebels attack Wright and
Hancock, capturing 3 full regiments, after which they are repulsed.
June 27.—Sherman made an unsuccessful
attack on the enemy’s position, losing from 2,000 to 3,000 men.
June 28.—Left wing of Grant’s army take
possession of the Weldon railroad.
June 30.—Secretary Chase resigned, and
Hon. Wm. P. Fessenden was appointed to fill the vacancy.
July 10.—Rebels invade Maryland. The
Union forces under General Wallace, defeated at the Monacacy river.
July 13 and 15.—The rebels under General
Forrest, defeated in 5 different battles near Pontotoc, Mo.
July 17.—The rebel army was driven within
the fortifications at Atlanta.
July 20.—The enemy assaulted General
Sherman’s lines 3 times, but were repulsed each time with severe loss.
General Averill defeated the enemy near Winchester, Va.
July 22.—A great battle was fought before
Atlanta, resulting in the complete defeat of the Confederates.
July 25.—General Crook overtook the
rebels retreating from the Maryland raid, and recaptured a large amount
of stores. After severe fighting on the 23d and 24th July, General
Averill is compelled to fall back to Harper’s Ferry.
July 30.—A mine containing 6 tons of
powder, under a rebel fort at Petersburg, was exploded, destroying the
fort and garrison.
August 5.—Commodore Farragut’s fleet
passed Forts Morgan and Gaines. The rebel ram Tennessee was captured,
and several other vessels destroyed. Shortly after Fort Gaines
surrendered and Fort Powell was evacuated.
August 7.—General Averill defeated the
enemy at Morefield, Virginia.
August 15.—The rebel General Wheeler
repulsed at Dalton, Georgia.
August 18.—The Weldon railroad seized by
General Grant.
August 23.—Fort Morgan surrendered.
August 25.—General Hancock, who held the
Weldon railroad south of Reams’ station, was attacked several times,
but repulsed the enemy each time.
Sept. 1.—General Sherman defeated the
enemy at Jonesboro, Georgia.
Sept. 2.—The Federal troops took
possession of Atlanta.
Sept. 5.—The rebel General John Morgan
was killed near Greenville, Tenn.
Sept. 7.—A force of 2,000 rebels defeated
at Readyville, Tennessee.
Sept. 19.—General Sheridan gained a
complete victory over the enemy in the Shenandoah valley.
Sept. 22.—The battle at Fisher’s Hill was
fought, resulting in the defeat of the rebel army.
Sept. 28.—General Grant advanced his
lines on the north side of the James river to within 7 miles of
Richmond. The rebels under General Price invade Missouri.
Oct. 5.—The rebels attack Allatoona, Ga.,
but were repulsed with severe loss.
Oct. 7.—The pirate vessel Florida
captured by the U. S. steamer Wachusett.
Oct. 8.—The rebels in the Shenandoah
valley are again defeated by Sheridan.
Oct. 19.—General Sheridan gained his
fourth victory over the rebels under Early, at Cedar creek, Va.
Oct. 23.—The rebel General Price defeated
at Blue river, Missouri.
Oct. 28.—General Blunt defeated the
rebels under Price, at Neosho, Mo.
Oct. 30.—General Hood made three attacks
on Decatur, Ala., but was repulsed each time.
Nov. 3.—The rebel ram Albemarle destroyed
by Lieutenant Cushing. The Confederate army under Hood, attempted to
cross the Tennessee, but were repulsed by the Federal army, under
General Sherman.
Nov. 8.—The Presidential election took
place. Lincoln and Johnson received 212, McClellan and Pendleton 21
electoral votes.
Nov. 16.—General Sherman left Atlanta,
and began his march through Georgia, to Savannah.
Nov. 30.—The rebel army under General
Hood, attacked the Union troops under General Schofield, at Franklin,
Tenn., but were repulsed with great loss.
Dec. 13.—Fort McAllister captured by Gen.
Sherman’s army.
Dec. 16.—General Thomas defeated the
enemy at Nashville, Tenn., with heavy loss, capturing a large number of
guns and prisoners.
Dec. 20.—The rebels under General
Breckinridge defeated in South-Western Virginia, and the salt works
destroyed.
Dec. 21.—General Sherman entered the city
of Savannah, capturing 150 cannon, 30,000 bales of cotton, and a large
amount of munitions of war.
Dec. 29.—Hood’s army crossed the
Tennessee river, thus ending the Tennessee campaign.
Jan. 8.—General Butler removed from the
command of the army of the James, and is succeeded by General Ord.
Jan. 11.—The garrison at Beverly, Va.,
was attacked by a rebel force under General Rosser. The town and a
large portion of the force defending it, were captured.
Jan. 16.—Fort Fisher, near Wilmington, N.
C., captured with all its equipments.
Jan. 20.—Rebels evacuate Corinth.
Jan. 21.—Peace rumors.
Jan. 27.—Rebel incendiaries set fire to
the city of Savannah.
Feb. 1.—Illinois ratified the
Constitutional Amendment.
Feb. 2.—Maryland, Michigan, New York and
Rhode Island, ratified the Constitutional Amendment.
Feb. 4.—Illinois Black Laws repealed.
Feb. 7.—Maine ratified the Constitutional
Amendment.
Feb. 12.—General Sherman occupied
Branchville, S. C.
Feb. 13.—Indiana ratified the
Constitutional Amendment.
Feb. 17.—Louisiana ratified the
Constitutional Amendment. General Sherman’s victorious columns entered
Columbia, S. C., and burned the city.
Feb. 18.—Charleston, S. C., evacuated
and taken possession of by General Gilmore. Great amount of valuable
property destroyed, six thousand bales of cotton. Ammunition stored in
the railroad depot exploded, and many lives were lost. General Gilmore
hoisted the old flag over Fort Sumter.
Feb. 19.—Fort Anderson, N. C. taken.
Feb. 21.—Wisconsin ratified the
Constitutional Amendment. Fort Armstrong, N. C., taken.
Feb. 22.—Wilmington captured.
March 2.—General Sheridan fought and
captured the rebel General Early, with 1,800 men, between Staunton
and Charlottesville.
March 10.—General Bragg attacked General
Cox near Kingston, N. C., but was defeated. General Sherman occupied
Fayetteville, N. C.
March 12.—Mobile attacked.
March 13.—General Schofield occupied
Kingston.
March 16.—Rebel General Hardee defeated
at Averysboro’, North Carolina.
March 17.—Rebel Congress adjourned,
sine die.
March 19.—Rebel General Johnson defeated
at Bentonville, North Carolina.
March 25.—Rebels attack General Grant and
got soundly whipped.
April 3.—Richmond taken.
April 9.—General Lee surrendered. Mobile
captured.
April 12.—Salisbury, N. C., captured.
Mobile captured by General Canby, 1,000 prisoners, 150 cannon, 3,000
bales of cotton. Columbus, Ga., captured.
April 13.—Raleigh, N. C., captured.
Governor Vance taken prisoner.
April 14.—President Lincoln assassinated.
Secretary Seward stabbed. Arkansas ratified the Constitutional
Amendment.
April 15.—President Lincoln died about 7
o’clock, A. M.
April 16.—Andrew Johnson took the oath
and was declared President of the United States.
April 26.—General Johnson surrendered.
The war is over.
April 27.—Booth, the murderer of
President Lincoln shot and captured. Dead.
May 8.—Subscriptions to 7-30 loan
$6,183,000.
May 9.—Subscriptions to 7-30 loan
$15,165,300.
May 10.—Jefferson Davis captured at
Irwinville, 75 miles south-west of Macon, Ga., by the 4th Michigan
cavalry, under Colonel Pritchard, of General Wilson’s command. Also,
his wife, mother, Postmaster-general Regan, Colonel Harrison, Private
Secretary, Colonel Johnson and other military characters. Subscription
to 7-30 loan $17,410,100.
May 11.—Subscription to 7-30 loan
$15,411,800.
May 12.—Subscription to 7-30 loan
$13,762,100.
May 13.—Subscriptions to 7-30 loan
$30,451,950. Total for one week $98,000,000.
May 19.—Rebel Governor Watts, of Alabama,
arrested.
May 21.—Rebel Governor Letcher, of
Virginia, arrested.
May 24.—Grand review of General Sherman’s
army at Washington. Jefferson Davis indicted for treason.
May 26.—Kirby Smith surrendered. The last
armed rebel organization has succumbed.
May 31.—Rebel General Hood and staff surrendered.
Pay of Officers of the U. S., Civil and Military.
EXECUTIVE DEPARTMENT.
President
$25,000
per
annum
Private Secretary
2,500
”
”
Private Secretary to sign Patents
1,500
”
”
Vice-President
8,000
”
”
HEADS OF DEPARTMENTS.
Secretary of State
$8,000
per
annum
Secretary of the Treasury
8,000
”
”
Secretary of War
8,000
”
”
Secretary of the Navy
8,000
”
”
Secretary of the Interior
8,000
”
”
Postmaster-General
8,000
”
”
Attorney-General
8,000
”
”
LEGISLATIVE DEPARTMENT.
Speaker of House of Representatives,
(mileage, 20 cents per mile.)
$8,000
per
annum
U. S. Senators, Members of Congress,
and Delegates from Territories
5,000
”
”
JUDICIARY, (SUPREME COURT OF U. S.)
Chief Justice
$6,500
per
annum
Associate Justices, [8 in number]
6,000
”
”
(Court meets first Monday in December)
MINISTERS AND DIPLOMATIC AGENTS OF THE UNITED STATES
IN FOREIGN COUNTRIES— ENVOYS EXTRAORDINARY AND MINISTERS PLENIPOTENTIARY.
Minister to Great Britain
$17,500
per
annum
Minister to Russia
12,000
”
”
Minister to France
17,500
”
”
Minister to Spain
12,000
”
”
Minister to Prussia
12,000
”
”
Minister to Austria
12,000
”
”
Minister to Italy
12,000
”
”
Minister to China
12,000
”
”
Minister to Mexico
12,000
”
”
Minister to Brazil
12,000
”
”
Minister to Chili
10,000
”
”
Minister to Peru
10,000
”
”
Minister to Nicaragua
7,000
”
”
MINISTERS RESIDENT.
Minister in Portugal
$7,500
per
annum
Minister in Belgium
7,500
”
”
Minister in Netherlands
7,500
”
”
Minister in Denmark
7,500
”
”
Minister in Sweden and Norway
7,500
”
”
Minister in Switzerland
7,500
”
”
Minister in Pontif States
7,500
”
”
Minister in Turkey
7,500
”
”
Minister in Japan
7,500
”
”
Minister in Costa Rica
7,500
”
”
Minister in Guatemala
7,500
”
”
Minister in Honduras
7,500
”
”
Minister in Salvador
7,500
”
”
Minister in New Granada
7,500
”
”
Minister in Venezuela
7,500
”
”
Minister in Ecuador
7,500
”
”
Minister in Argentine Confederation
7,500
”
”
Minister in Hawaiian Islands
7,500
”
”
WAR DEPARTMENT.
Secretary of War
$8,000
per
annum
Assistant Secretary of War
3,000
”
”
Second Assistant Secretary of War
3,000
”
”
Commander-in-Chief
5,340
”
”
Adjutant-General
3,594
”
”
Assistant Adjutant-General
2,532
”
”
Second Assistant Adjutant-General
1,956
”
”
Third Assistant Adjutant-General
1,956
”
”
Fourth Assistant Adjutant-General
1,956
”
”
Chief Clerk Adjutant-General’s Bureau
1,800
”
”
Inspector General
2,532
”
”
Judge Advocate General
2,532
”
”
Deputy Judge Advocate
1,956
”
”
Quartermaster General
3,594
”
”
Deputy Quartermaster General
2,244
”
”
Assistant Quartermaster
2,532
”
”
Chief Clerk Quartermaster’s Bureau
1,800
”
”
Chief Engineer
3,594
”
”
Assistant Engineer
1,596
”
”
Chief Clerk of Engineer Bureau
1,800
”
”
Provost Marshal General
——
Surgeon General
3,594
”
”
Assistant Surgeon General
2,532
”
”
Chief Clerk Surgeon General’s Bureau
1,800
”
”
Chief of Ordnance
3,594
”
”
Assistant Chief of Ordnance
1,554
”
”
Chief Clerk of Ordnance Bureau
1,800
”
”
Paymaster General
2,740
”
”
Deputy Paymaster General
2,144
”
”
Additional Paymaster
1,950
”
”
Chief Clerk Paymaster General’s Bureau
1,800
”
”
Commissary General of Subsistence
2,532
”
”
Assistant Commissary General
1,956
”
”
Second Assistant Commissary General
1,956
”
”
Chief Clerk Commissary General’s Bureau
1,800
”
”
GENERAL OFFICERS.
Lieutenant-General
$720 00
per
month
Aids-de-camp and military secretary to
Lieutenant-General, each
170 00
”
”
Major-General
445 00
”
”
Senior Aid-de-camp to General-in-Chief
163 00
”
”
Aid-de-camp, in addition to pay, etc., of
Lieutenant or Captain
24 00
”
”
Brigadier-General
299 50
”
”
Aid-de-camp, in addition to pay, etc., as
Lieutenant
11 00
”
”
ADJUTANT-GENERAL’S DEPARTMENT.
Adjutant-General—Brigadier-General
$407 50
per
month
Assistant Adjutant-General—Colonel
211 00
”
”
Assistant Adjutant-General—Lt. Colonel
187 00
”
”
Assistant Adjutant-General—Major
163 00
”
”
Judge Advocate General—Colonel
211 00
”
”
Judge Advocate—Major
163 00
”
”
Division Major
163 00
”
”
INSPECTOR GENERAL’S DEPARTMENT.
Inspector General—Colonel
$211 00
per
month
Assistant Inspector General—Major
163 00
”
”
SIGNAL DEPARTMENT.
Signal Officer—Colonel
$211 00
per
month
PAY DEPARTMENT.
Paymaster General
$288 33
per
month
Deputy Paymaster General
187 00
”
”
Paymaster
163 00
”
”
OFFICERS OF THE CORPS OF ENGINEERS,
TOPOGRAPHICAL ENGINEERS, AND ORDNANCE DEPARTMENT.
Chief of Ordinance—Brigadier-General
$407 50
per
month
Colonel
211 00
”
”
Lieutenant Colonel
187 00
”
”
Major
163 00
”
”
Captain
129 50
”
”
First Lieutenant
112 83
”
”
Second Lieutenant
112 83
”
”
Brevet Second Lieutenant
112 83
”
”
OFFICERS OF MOUNTED DRAGOONS,
CAVALRY, RIFLEMEN, AND LIGHT ARTILLERY.
Colonel
$211 00
per
month
Lieutenant Colonel
187 00
”
”
Major
163 00
”
”
Captain
129 50
”
”
First Lieutenant
112 83
”
”
Second Lieutenant
112 83
”
”
Brevet Second Lieutenant
112 83
”
”
QUARTERMASTER’S DEPARTMENT.
Quartermaster General—Brigadier General
$407 50
per
month
Assistant Quartermaster General—Colonel
211 00
”
”
Deputy Quartermaster General—Lt. Colonel
187 00
”
”
Quartermaster—Major
163 00
”
”
Assistant Quartermaster—Captain
129 50
”
”
SUBSISTENCE DEPARTMENT.
Commissary General of Subsistence—
Brigadier General
$299 50
per
month
Assistant Commissary General—Lt. Colonel
187 00
”
”
Commissary of Subsistence—Major
163 00
”
”
Commissary of Subsistence—Captain
129 50
”
”
Assistant Commissary of Subsistence, in addition
to pay, etc., as Lieutenant
11 00
”
”
MEDICAL DEPARTMENT.
Surgeon General—Brigadier General
$299 50
per
month
Assistant Surgeon General
211 00
”
”
Medical Inspector General
211 00
”
”
Medical Inspector
187 00
”
”
Surgeons of ten years’ service
199 00
”
”
Surgeons of less than ten years’ service
163 00
”
”
Assistant Surgeons of ten years’ service
165 50
”
”
Assistant Surgeons of five years’ service
129 50
”
”
Assistant Surgeons of less than five years’ service
112 83
”
”
Adjutant, Regimental Quartermaster, and
Regimental Commissary, in addition
to pay of Lieutenant, each
10 00
”
”
OFFICERS OF ARTILLERY AND INFANTRY.
Colonel
$194 00
per
month
Lieutenant Colonel
170 00
”
”
Major
151 00
”
”
Captain
118 50
”
”
First Lieutenant
108 50
”
”
Second Lieutenant
103 50
”
”
Brevet Second Lieutenant
103 50
”
”
Adjutant, in addition to pay, etc., of Lieut
10 00
”
”
Regimental Quartermaster, in addition to
pay, etc., of Lieutenant
10 00
”
”
PAY OF NON-COMMISSIONED OFFICERS,
PRIVATES, ETC.—CAVALRY.
Sergeant-Major
$21 00
per
month
Quartermaster Sergeant
21 00
”
”
Chief Bugler
21 00
”
”
First Sergeant
20 00
”
”
Sergeant
17 00
”
”
Saddler Sergeant
21 00
”
”
Commissary Sergeant
21 00
”
”
Hospital Steward
30 00
”
”
Corporal
14 00
”
”
Bugler, or Trumpeter
13 00
”
”
Farrier and Blacksmith
15 00
”
”
Private
13 00
”
”
Veterinary Surgeon
75 00
”
”
African under-cooks
10 00
”
”
ORDNANCE.
Sergeant
$34 00
per
month
Corporal
20 00
”
”
Wagoner
14 00
”
”
Saddler
14 00
”
”
Private—first class
17 00
”
”
Private—second class
16 00
”
”
ARTILLERY AND INFANTRY.
Sergeant-Major
$21 00
per
month
Quartermaster Sergeant
21 00
”
”
Commissary Sergeant
21 00
”
”
First Sergeant
20 00
”
”
Sergeant
17 00
”
”
Hospital Steward
30 00
”
”
Corporal
14 00
”
”
Artificer, Artillery
15 00
”
”
Private
13 00
”
”
Principal Musician
21 00
”
”
Musician
12 00
”
”
African under-cooks
10 00
”
”
SAPPERS AND MINERS, AND PONTOONIERS.
Sergeant
$34 00
per
month
Corporal
20 00
”
”
Private—first class
17 00
”
”
Private—second class
16 00
”
”
Musician
12 00
”
”
African under-cooks
10 00
”
”
BRIGADE BANDS.
Leader
$45 00
per
month
Four of the Band
34 00
”
”
Eight of the Band
17 00
”
”
Four of the Band
20 00
”
”
MISCELLANEOUS.
Medical Cadets
$30 00
”
”
Hospital Steward—first class
22 00
”
”
Matron
6 00
”
”
Female nurses 40 cents per day.
PAY OF THE NAVY OF THE UNITED STATES.
REAR ADMIRALS—ACTIVE LIST.
When at sea
$5,000
per
annum
When on shore duty
4,000
”
”
On leave, or waiting orders
3,000
”
”
On Retired List
2,000
”
”
COMMODORES—ACTIVE LIST.
When at sea
$4,000
per
annum
When on shore duty
2,800
”
”
On leave, or waiting orders
2,100
”
”
On Retired List
1,600
”
”
COMMANDERS—ACTIVE LIST.
When at sea
$2,800
per
annum
When on shore duty
2,240
”
”
On leave, or waiting orders
1,680
”
”
On Retired List
1,400
”
”
LIEUTENANT COMMANDERS—ACTIVE LIST.
When at sea
$2,343
per
annum
When on shore duty
1,875
”
”
On leave, or waiting orders
1,500
”
”
On Retired List
1,300
”
”
LIEUTENANTS—ACTIVE LIST.
When at sea
$1,875
per
annum
When on shore duty
1,500
”
”
On leave, or waiting orders
1,200
”
”
On Retired List
1,000
”
”
MASTERS—ACTIVE LIST.
When at sea
$1,500
per
annum
When on shore duty
1,200
”
”
On leave, or waiting orders
960
”
”
On Retired List
800
”
”
ENSIGNS—ACTIVE LIST.
When at sea
$1,200
per
annum
When on shore duty
960
”
”
On leave, or waiting orders
768
”
”
On Retired List
500
”
”
Midshipmen
500
”
”
Fleet Surgeons
3,300
”
”
SURGEONS.
For second five years after date of
commission
$2,400
per
annum
RETIRED SURGEONS.
Surgeons ranking with commanders
$1,100
per
annum
Surgeons ranking with lieutenants
1,000
”
”
RETIRED PASSED AND ASSISTANT SURGEONS.
Passed
$850
per
annum
Assistant
650
”
”
PASSED ASSISTANT SURGEONS.
On duty at sea
$1,500
per
annum
On other duty
1,400
”
”
On leave, or waiting orders
1,100
”
”
ASSISTANT SURGEONS.
On duty at sea
$1,250
per
annum
On other duty
1,050
”
”
On leave, or waiting orders
800
”
”
PAYMASTERS.
On duty at sea—for fourth five years after
date of commission
$2,900
per
annum
PAYMASTERS RETIRED.
Ranking with Captains
$1,300
per
annum
Ranking with Commanders
1,100
”
”
Ranking with Lieutenants
1,000
”
”
ASSISTANT PAYMASTERS.
On duty at sea—after five years from date
of commission
$1,500
per
annum
On leave, or waiting orders
800
”
”
CHAPLAINS,
To be paid as Lieutenants.
PROFESSORS OF MATHEMATICS.
On duty
$1,800
per
annum
On leave, or waiting orders
960
”
”
BOATSWAINS, GUNNERS, CARPENTERS, AND SAILMAKERS.
On duty at sea—for first three years’ sea
service from date of appointment.
$1,000
per
annum
For twelve years’ service and upwards
1,450
”
”
On leave, or waiting orders—for twelve years’
sea service and upwards
1,000
”
”
FRANKLIN PIERCE.
CHIEF ENGINEERS.
On duty—for first five years after date
of commission
$1,800
per
annum
After fifteen years from date of commission
2,600
”
”
On leave, or waiting orders, after fifteen years
from date of commission
1,500
”
”
FIRST ASSISTANT ENGINEERS.
On duty
$1,500
per
annum
On leave, or waiting orders
900
”
”
SECOND ASSISTANT ENGINEERS.
On duty
$1,000
per
annum
On leave, or waiting orders
750
”
”
NAVY AGENT.
Commission not to exceed
$3,000
per
annum
Navy Agent at San Francisco
4,000
”
”
Temporary Navy Agents
Naval Storekeepers
Officers of the Navy on Foreign Stations
$1,500
per
annum
Engineer-in-Chief
3,000
”
”
Naval Constructors
2,600
”
”
””when not on duty
1,800
”
”
Secretaries to commanders of squadrons
1,500
”
”
Clerks to commanders of squadrons and
commanders of vessels
500
”
”
At Navy Yards—Boston and New York
1,200
”
”
At Navy Yard—Washington
1,200
”
”
At Navy Yards—Portsmouth, N. H., and Philadelphia
1,200
”
”
At Navy Yard—Mare Island
1,500
”
”
YEOMEN.
In ships-of-the-line
$45 00
per
month
In frigates
40 00
”
”
In sloops
30 00
”
”
In smaller vessels
24 00
”
”
ARMORERS.
In ships-of-the-line
$30 00
per
month
In frigates
25 00
”
”
In sloops
20 00
”
”
MATES.
Master’s (Acting)
$40 00
per
month
Boatswains
25 00
”
”
Gunners
25 00
”
”
Carpenters
25 00
”
”
Sailmakers
20 00
”
”
Armorers
20 00
”
”
Masters-at-Arms
25 00
”
”
Ship’s Corporals
20 00
”
”
Coxswains
24 00
”
”
Quartermasters
24 00
”
”
Quarter Gunners
20 00
”
”
CAPTAINS.
Of forecastle
$24 00
per
month
Of tops
20 00
”
”
Of afterguard
20 00
”
”
Of hold
20 00
”
”
Coopers
20 00
”
”
Painters
20 00
”
”
STEWARDS.
Ship’s
$30 00
per
month
Officers’
20 00
”
”
Surgeons’, where ship’s complement is 400 and over
40 00
”
”
Surgeons’, where ship’s complement is 200
and under 400
33 00
”
”
Surgeons’, where ship’s complement is under 200
25 00
”
”
Paymaster’s, where ship’s complement is 240
and over
33 00
”
”
Assistant Paymaster’s, where complement is
100 and over
33 00
”
”
Assistant Paymaster’s, where complement is
under 100
30 00
”
”
NURSES.
Where complement is less than 200, one nurse
$14 00
per
month
Where complement is over 200, two nurses, each
14 00
”
”
COOKS.
Ship’s
$24 00
per
month
Officer’s
20 00
”
”
MUSICIANS.
Masters of the Band
$20 00
per
month
First class
15 00
”
”
Second class
12 00
”
”
Seamen
$18 00
per
month
Ordinary Seamen
14 00
”
”
Landsmen
12 00
”
”
Boys
8-9 00
”
”
FIREMEN.
First class
$30 00
per
month
Second class
25 00
”
”
Coal Heavers
18 00
”
”
MARINE CORPS.
Colonel Commandant
$3,186 00
per
annum
Paymaster, with rank of Major
2,154 00
”
”
Adjutant and Inspector, with rank of Major
2,154 00
”
”
Quartermaster, with rank of Major
2,154 00
”
”
Assistant Quartermaster, with rank of Captain
1,752 00
”
”
Colonel
2,529 00
”
”
Lieutenant Colonel
2,239 50
”
”
Major
2,010 00
”
”
Note.—By a late
act of Congress, the monthly pay of private soldiers has been increased
three dollars, that of non-commissioned officers being proportionately
advanced. And a tax of five per cent. was imposed on the salaries of
commissioned officers, thus, indirectly reducing their pay.
SCHEDULE OF STAMP DUTIES. — GENERAL REMARKS.
Stamp Duties.
Acknowledgment of deeds
exempt.
Affidavit
5 cts.
” in suits or legal proceedings
exempt.
Agreement or Appraisement, (for each sheet, or piece of
paper on which the same is written)
5 cts.
Assignment or transfer of mortgage, lease, or policy of
insurance, the same duty as the original instrument.
” of patent right
5 cts.
Bank Checks, drafts or orders, &c., at sight or on demand
2 cts.
Bills of Exchange, (Foreign,) drawn in, but payable out
of, the United States, each bill of three
or more, must be stamped.
For every bill of each set, where the sum made
payable does not exceed one hundred
dollars, or the equivalent thereof in
any foreign currency in which such bills
may be expressed, according to the standard
of value fixed by the United States
2 cts.
For every additional hundred dollars, or
fractional part thereof in excess of one
hundred dollars
2 cts.
(Foreign,) drawn in, but made payable out
of, the United States, (if drawn singly or
in duplicate,) pay the same duty as Inland
Bills of Exchange.
[The acceptor or acceptors of any Bill of
Exchange, or order for the payment of
any sum of money drawn, or purporting
to be drawn, in any foreign country, but
payable in the United States, must, before
paying or accepting the same, place
thereon a stamp indicating the duty.]
Bills of Exchange, (Inland,) draft or order, payable
otherwise than at sight or on demand, and
any promissory note, whether payable on
demand or at a time designated, (except
bank notes issued for circulation, and
checks made and intended to be, and
which shall be, forthwith presented for
payment,) for a sum not exceeding one
hundred dollars
5 cts.
For every additional $100, or fractional
part thereof
5 cts.
[The warrant of attorney to confess judgment
on a note or bond is exempt from stamp duty,
if the note or bond is properly stamped.]
Bills of Lading, of vessels for ports of the United States
or British North America
exempt.
”or receipt for goods, to any foreign port
10 cts.
Bill of Sale of any vessel, or part thereof, when the
consideration does not exceed five
hundred dollars
50 cts.
”exceeding $500, and not exceeding $1,000
$1 00
”exceeding $1,000, for each $500, or fractional
part thereof
50 cts.
”of personal property, (other than ship or vessel)
5 cts.
Bond, personal, for the payment of money. (See Mortgage.)
”official
$1 00
”for indemnifying any person for the payment
of any sum of money, where the money
ultimately recoverable thereupon is $1,000 or less
50 cts.
”Where the money recoverable exceeds
$1,000, for every additional $1,000, or
fractional part thereof
50 cts.
Bonds—County, city, and town bonds, railroad and
other corporation bonds, and scrip, are
subject to stamp duty. (See Mortgage.)
”of any description, other than such as are
required in legal proceedings, and such
as are not otherwise charged in this Schedule
25 cts.
Certificates of deposit in bank, sum not exceeding one
hundred dollars
2 cts.
”of deposit in bank, sum exceeding one
hundred dollars
5 cts.
”of stock in an incorporated company
25 cts.
”general
5 cts.
”of record upon the instrument recorded
exempt.
”of record upon the book
exempt.
”of weight or measurement of animals, coal,
wood, or other articles, except weighers’
and measurers’ returns
exempt.
”of a qualification of a Justice of the Peace,
Commissioner of Deeds, or Notary Public
5 cts.
”of search of records
5 cts.
”that certain papers are on file
5 cts.
”that certain papers can not be found
5 cts.
”of redemption of land sold for taxes
5 cts.
”of birth, marriage and death
5 cts.
”of qualification of school teachers
5 cts.
”of profits of an incorporated company for a
sum not less than $10 and not exceeding $50
10 cts.
”exceeding $50, and not exceeding $1,000
25 cts.
”exceeding $1,000, for every additional
$1,000, or fractional part thereof
25 cts.
”of damage, or otherwise, and all other certificates
or documents issued by any port
warden, marine surveyor, or other person
acting as such
25 cts.
Certified Transcripts of judgments, satisfaction of judgments,
and all papers recorded or on file.
5 cts.
[N. B.—As a general rule, every certificate
which has, or may have, a legal value in
any court of law or equity, will require
a stamp duty of 5 cts.]
Charter party, or letter, memorandum, or other writing
between the captain, owner, or agent of
any ship, vessel, or steamer, and any other
person, relating to the charter of the
same, if the registered tonnage of said
ship, vessel, or steamer does not exceed
one hundred and fifty tons
$1 00
”exceeding one hundred and fifty tons, and
not exceeding three hundred tons
3 00
”exceeding three hundred tons, and
not exceeding six hundred tons
5 00
”exceeding six hundred tons
10 00
Check, draft, or order for the payment of any sum of
money exceeding $10, drawn upon any
person other than a bank, banker, or
trust company, at sight or on demand
2 cts.
Contract. (See Agreement.)
”Broker’s
16 cts.
Conveyance, deed, instrument, or writing, whereby lands,
tenements, or other realty sold, shall be
conveyed, the actual value of which does
not exceed $500
50 cts.
”exceeding $500, and not exceeding $1,000
$1 00
”for every additional $500, or fractional part
thereof in excess of $1,000
50 cts.
Endorsement of any negotiable instrument
exempt.
Entry of any goods, wares, or merchandise at any custom
house, either for consumption or
warehousing, not exceeding one hundred
dollars in value
25 cts.
”exceeding one hundred dollars, and not exceeding
five hundred dollars in value
50 cts.
”exceeding five hundred dollars in value
$1 00
”for the withdrawal of any goods or merchandise
from bonded warehouse
50 cts.
Gaugers’ returns, if for quantity not exceeding 500 gallons, gross
exempt.
”exceeding 500 gallons
”
Insurance, (Marine, Inland, and Fire,) where the consideration
paid for the insurance, in
cash, premium notes, or both, does not
exceed $10
10 cts.
(Marine, Inland, and Fire,) exceeding $10,
and not exceeding $50
25 cts.
”(Marine, Inland, and Fire,) exceeding $50,
50 cts.
Insurance, (Life,) when the amount insured does not exceed
$1,000
25 cts.
”(Life,) exceeding $1,000, and not exceeding $5,000
50 cts.
”(Life,) exceeding $5,000
$1 00
”(Life,) limited to injury to persons while traveling
exempt.
Lease of lands or tenements, where rent does not exceed
$300 per annum
50 cts.
”exceeding $300, for each additional $200, or
fractional part thereof in excess of $300
50 cts.
”perpetual, subject to a stamp duty as a “conveyance,”
the stamp duty to be measured by resolving the
annual rental into a capital sum.
”clause of guaranty of payment of rent, incorporated
or indorsed, five cents additional.
Manifest for custom house entry or clearance of the cargo of any
ship, vessel, or steamer for a foreign port, if the
registered tonnage of such ship, vessel, or
steamer does not exceed 300 tons
$1 00
”exceeding 300 tons, and not exceeding 600 tons
3 00
”exceeding 600 tons
5 00
Measurer’s Returns, if for quantity not exceeding one
thousand bushels
exempt.
”exceeding one thousand bushels
”
Mortgage, trust deed, bill of sale, or personal bond for
the payment of money exceeding $100, and
not exceeding $500
50 cts.
”exceeding $500, for every additional $500, or
fractional part thereof in excess of $500
50 cts.
Pawners’ Checks.
5 cts.
Pension Papers.—Powers of attorney, and all other papers
relating to applications for bounties, arrearages
of pay, or pensions, or to receipt thereof
exempt.
Passage Ticket from the United States to a foreign port,
costing not more than $35
50 cts.
”from the United States to a foreign port, costing
more than $35, and not exceeding $50
$1 00
”for every additional $50, or fractional part
thereof in excess of $50
$1 00
Power of Attorney to sell or transfer stock, or collect
dividends thereon
25 cts.
”to vote at election of incorporated company
10 cts.
”to receive or collect rents
25 cts.
”to sell, or convey, or rent, or lease real estate
$1 00
”for any purpose
50 cts.
Probate of Will, or letters of administration, where the value
of both real and personal estate does not
exceed $2,000
$1 00
”for every additional $1,000, or fractional part
thereof in excess of $2,000
50 cts.
”bonds of executors, administrators, guardians,
and trustees, are each subject to a stamp duty of
$1 00
”certificate of appointment
5 cts.
Protest upon bill, note, check, or draft
25 cts.
Promissory Note.—(See Bills of Exchange, Inland.)
”deposit note to mutual insurance companies,
when policy is subject to duty
exempt.
”renewal of, subject to same duty as an original note.
Quit Claim Deed, to be stamped as a conveyance, except
when given as a release of a mortgage by the
mortgagee to the mortgagor, in which case
it is exempt.
Receipt for the payment of any sum of money or debt due
exceeding $20, or for the delivery of any property
2 cts.
”for satisfaction of any mortgage or judgment or
decree of any court
exempt.
Sheriff’s return on writ or other process
exempt.
Trust Deed, made to secure a debt, to be stamped as a
mortgage.
” conveying estate to uses, to be stamped as conveyance.
Warehouse Receipt for any goods, wares, or merchandise not
otherwise provided for, deposited or stored in
any public or private warehouse, not exceeding
$500 in value
exempt.
”exceeding $500, and not exceeding $1,000
”
”exceeding $1,000, for every additional $1,000,
or fractional part thereof in excess of $1.000
”
”for any goods, &c. not otherwise provided for,
stored or deposited in any public or private
warehouse or yard
”
Writs and Legal Documents:
Writ, or other original process by which suit is
commenced in any court of record, either of
law or equity
50 cts.
Writ, or other original process issued by a court
not of record, where the amount claimed
is $100 or over
50 cts.
Upon every confession of judgment or cognovit
for $100, or over, except in cases where the
tax for a writ has been paid
50 cts.
Writs, or other process on appeals from justices’
courts, or other courts of inferior jurisdiction,
to a court of record
50 cts.
Warrant of distress, when the amount of rent
claimed does not exceed $100
25 cts.
Warrant of distress when amount exceeds $100
50 cts.
Writs, summons, and other process issued by a
justice of the peace, police or municipal court,
of no greater jurisdiction than a justice of the
peace in the same State
exempt.
Writs, and other process in any criminal or
other suits commenced by the United States
in any State
exempt.
Official documents, instruments, and papers
issued or used by officers of the United
States Government
exempt.
Revenue stamps may be used indiscriminately upon any of the matters or
things enumerated in Schedule B, except proprietary and playing card
stamps, for which a special use has been provided.
Postage stamps can not be used in payment of the duty chargeable on
instruments.
It is the duty of the maker of an instrument to affix the stamp
thereto and to cancel the same in the manner required by law. Proper
cancellation is essential.
Under the provisions of section 158, an instrument subject to stamp
duty, but issued without a stamp or with an insufficient one, may
be so stamped by the Collector as to be as valid to all intents and
purposes (except as against rights acquired in good faith before
such stamping and the recording of the instrument, if a record be
required) as if properly stamped when made or issued. Such an
instrument, issued at a time when and in a place where no collection
district was established, may be stamped by the party who issued it or
by any party having an interest therein at any time prior to January
1, 1867, and the legal effect of the stamp thus affixed will be the
same as though affixed by the Collector. When originals are lost the
necessary stamps may be affixed to copies.
Suits are commenced in many States by other process than writ, viz.:
summons, warrant, publication, petition, etc., in which cases, these,
as the original processes, severally require stamps.
The jurat of an affidavit, taken before a Justice of the Peace, Notary
Public, or other officer duly authorized to take affidavits, is held
to be a certificate, and subject to a stamp duty of five cents, except
when taken in suits or legal proceedings.
Certificates of Loan, in which there shall appear any written or
printed evidence of an amount of money to be paid on demand, or at a
time designated, are subject to stamp duty as “Promissory Notes.”
When two or more persons join in the execution of an instrument, the
stamp to which the instrument is liable under the law may be affixed
and cancelled by either of them; and “when more than one signature is
affixed to the same paper, one or more stamps may be affixed thereto
representing the whole amount of the stamp required for such signature.”
No stamp is required on any warrant of attorney accompanying a bond
or note when such bond or note has affixed thereto the stamp or
stamps denoting the duty required; and whenever any bond or note is
secured by mortgage, but one stamp duty is required on such papers,
such stamp duty being the highest rate required for such instruments,
or either of them. In such case a note or memorandum of the value or
denomination of the stamp affixed should be made upon the margin or in
the acknowledgment of the instrument which is not stamped.
THE CIVIL RIGHTS BILL.
An Act to protect all persons in the United States
in their civil rights, and furnish the means of their vindication.
Be it enacted, &c., That all persons born in the United States
and not subject to any foreign power, excluding Indians, not taxed, are
hereby declared to be citizens of the United States; and such citizens
of every race and color, without regard to any previous condition of
slavery or involuntary servitude, except as a punishment for crime
whereof the party shall have been duly convicted, shall have the same
right in every State and Territory in the United States to make and
enforce contracts; to sue, be parties, and give evidence; to inherit,
purchase, lease, sell, hold, and convey real and personal property; and
to full and equal benefit of all laws and proceedings for the security
of person and property as is enjoyed by white citizens, and shall be
subject to like punishment, pains, and penalties, and to none other,
any law, statute ordinance, regulation, or custom, to the contrary
notwithstanding.
Sec. 2. That any person who, under color
of any law, statute, ordinance, regulation, or custom, shall subject,
or cause to be subjected, any inhabitant of any State or Territory to
the deprivation of any right secured or protected by this act, or to
different punishment, pains, or penalties on account of such person
having at any time been held in a condition of slavery or involuntary
servitude, except as a punishment for crime whereof the party shall
have been duly convicted, or by reason of his color or race, than is
prescribed for the punishment of white persons, shall be deemed guilty
of a misdemeanor, and, on conviction, shall be punished by fine not
exceeding one thousand dollars, or imprisonment not exceeding one year,
or both, in the discretion of the court.
Sec. 3. That the district courts of
the United States, within their respective districts, shall have,
exclusively of the courts of the several States, cognizance of all
crimes and offences committed against the provisions of this act, and
also, concurrently with the circuit courts of the United States, of all
causes, civil and criminal, affecting persons who are denied or cannot
enforce in the courts or judicial tribunals of the State or locality
where they may be any of the rights secured to them by the first
section of this act; and if any suit or prosecution, civil or criminal,
has been or shall be commenced in any State court against any such
person, for any cause whatsoever, or against any officer, civil or
military, or other person, for any arrest or imprisonment, trespasses,
or wrongs done or committed by virtue or under color of authority
derived from this act or the act establishing a bureau for the relief
of freedmen and refugees, and all acts amendatory thereof, or for
refusing to do any act upon the ground that it would be inconsistent
with this act, such defendant shall have the right to remove such
cause for trial to the proper district or circuit court in the manner
prescribed by the “Act relating to habeas corpus and regulating
judicial proceedings in certain cases,” approved March three, eighteen
hundred and sixty-three, and all acts amendatory thereof. The
jurisdiction in civil and criminal matters hereby conferred on the
district and circuit courts of the United States shall be exercised
and enforced in conformity with the laws of the United States, so far
as such laws are suitable to carry the same into effect; but in all
cases where such laws are not adapted to the object, or are deficient
in the provisions necessary to furnish suitable remedies and punish
offences against law, the common law, as modified and changed by
the constitution and statutes of the State wherein the court having
jurisdiction of the cause, civil or criminal, is held, so far as the
same is not inconsistent with the Constitution and laws of the United
States, shall be extended to and govern said courts in the trial
and disposition of such cause, and, if of a criminal nature, in the
infliction of punishment on the party found guilty.
Sec. 4. That the district attorneys,
marshals, and deputy marshals of the United States, the commissioners
appointed by the circuit court and territorial courts of the United
States, with power 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 be, and they
are hereby, specially authorized and required, 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 by
this act has cognizance of the offence. And with a view to affording
reasonable protection to all persons in their constitutional rights
of equality before the law, without distinction of race or color, or
previous condition 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 examination 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 offences
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 marshals and deputy marshals to obey and execute all warrants
and precepts issued under the provisions of this act, when to them
directed; and 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 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 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 counties respectively, to
appoint, in writing, under their hands, any one or more suitable
persons, from time to time, to execute all such warrants and other
process that 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 the posse comitatus of the proper
county, or such portion of the land and 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 clause of the Constitution which prohibits slavery,
in conformity with the provisions of this act; and said warrants shall
run and be executed by said officers anywhere in the State or Territory
within which they are issued.
Sec. 6. That any person who shall
knowingly and wilfully obstruct, hinder or prevent any officer, or
other person charged with the execution of any warrant or process
issued under the provisions of this act, or any person or persons
lawfully assisting him or them, from arresting any person for whose
apprehension such warrant or process may have been issued, or shall
rescue or attempt to rescue such person from the custody of the
officer, other person or persons, or those lawfully assisting as
aforesaid, when so arrested pursuant to the authority herein given
and declared, or shall aid, abet, or assist any person so arrested
as aforesaid, directly or indirectly, to escape from the custody of
the officer or other person legally authorized as aforesaid, or shall
harbor or conceal any person for whose arrest a warrant or process
shall 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,
the marshals, their deputies, and the clerks of the said district and
territorial courts shall be paid for their services the like fees as
may be allowed to them for similar services in other cases; and in all
cases where the proceedings are before a commissioner, he shall be
entitled to a fee of ten dollars in full for his services in each case,
inclusive of all services incident to such arrest and examination. The
person or persons authorized to execute the process to be issued by
such commissioners 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
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 commissioner,
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. 8. That whenever the President of
the United States shall have reason to believe that offences have been,
or are likely to be committed against the provisions of this act within
any judicial district, it shall be lawful for him, in his discretion,
to direct the judge, marshal, and district attorney of such district
to attend at such place within the district, and for such time as he
may designate, for the purpose of the more speedy arrest and trial
of persons charged with a violation 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. 9. That it shall be lawful for the
President 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 execution 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 Bill passed in the Senate over the President’s veto by the vote
of 33 yeas to 15 nays, and in the House by 122 yeas to 41 nays.
CONSTITUTIONAL AMENDMENT. — ARTICLE XIV.
The Amendment proposed to the Constitution, June 8, 1866.
Section 1. All persons born or
naturalized in the United States, and subject to the jurisdiction
thereof, are citizens of the United States and of the State wherein
they reside. No State shall make or enforce any law which shall abridge
the privileges or immunities 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 according to their respective
numbers, 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 United States, or in any way
abridged, except for participation in rebellion or other crime, the
basis of representation therein shall be reduced in the 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
representative in Congress, or elector of President and Vice-President,
or hold any office, civil or military, under the United States, or
under any State, who, having previously taken an oath, as a member of
Congress, or as an officer of the United States, or as a member of any
State legislature, or as an executive or judicial officer of any State,
to support the Constitution of the United States, shall have engaged in
insurrection or rebellion against the same, or given aid or comfort to
the enemies thereof. But Congress 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
payment of pensions and bounties for services in suppressing
insurrection or rebellion, shall not be questioned. But neither the
United States nor any State shall assume or pay any debt or obligation
incurred in aid of insurrection or rebellion against the United States,
or any claim for the loss or emancipation of any slave; but all such
debts, obligations and claims shall be held illegal and void.
Sec. 5. The Congress shall have power to
enforce, by appropriate legislation, the provisions of this article.
The Amendment passed the Senate by a vote of 33 yeas to 11 nays; and
the House by a vote of 138 yeas to 36 nays.
THE MILITARY GOVERNMENT BILL.
AN ACT for the More Efficient Government of the Rebel States.
Whereas, No legal
State government, or adequate protection for life, or property, now
exists in the rebel States of Virginia, North Carolina, South Carolina,
Georgia, Alabama, Louisiana, Florida, Texas, and Arkansas; and,
Whereas, It is
necessary that peace and good order should be enforced in said States
until loyal and republican State governments can be established;
therefore,
Be it enacted, etc., That said rebel States shall be divided
into military districts, and made subject to the military authority
of the United States, as hereinafter prescribed; and for that purpose
Virginia shall constitute the first district; North Carolina and South
Carolina the second district; Georgia, Alabama, and Florida the third
district; Mississippi and Arkansas the fourth district; Louisiana and
Texas the fifth district.
Sec. 2. That it shall be the duty of
the President to assign to the command of each of said districts an
officer of the army, not below the rank of brigadier-general, and to
detail a sufficient military force to enable such officer to perform
his duties and enforce his authority within the district to which he is
assigned.
Sec. 3. That it shall be the duty of
each officer assigned, as aforesaid, to protect all persons in their
rights of person and property; to suppress insurrection, disorder, and
violence, and to punish, and cause to be punished, all disturbers of
the public peace, and criminals; and to this end he may allow loyal
civil tribunals to take jurisdiction of and try offenders; or, when
in his judgment it may be necessary, for the trial of offenders, he
shall have power to organize military commissions or tribunals for
that purpose; and all interference under color of State authority with
the exercise of military authority under this act shall be null and
void.
Sec. 4. That all persons put under
military arrest by virtue of this act shall be tried without
unnecessary delay, and no cruel or unusual punishment shall be
inflicted, and no sentence of any military commission or tribunal,
hereby authorized, affecting the life or liberty of any person, shall
be executed until it is approved by the officer in command of the
district; and the laws and regulations for the government of the
army shall not be affected by this act, except in so far as they may
conflict with its provisions.
Sec. 5. That when the people of any one
of said rebel States shall have formed a constitutional government, in
conformity with the Constitution of the United States in all respects,
framed by a convention of delegates elected by the persons who may vote
upon the ratification or rejection thereof, as hereinafter provided;
and when said constitution, so framed, shall have been ratified by a
majority of the male citizens of said State, twenty-one years old and
upward, of whatever race, color, or previous condition of servitude,
who may have been resident in said State for one year previous to the
day of voting on the question of ratifying such constitution, except
such as may be disfranchised for participating in the rebellion, or for
felony at common law; and when such constitution shall provide that
the elective franchise shall be enjoyed by all such persons that have
the qualifications herein stated, and shall have been submitted to
Congress for examination, and Congress shall have approved the same;
and when said State, by a vote of its legislature elected under said
constitution, shall have adopted the amendment to the Constitution
of the United States, proposed by the Thirty-ninth Congress, and
known as article fourteen, and when said article shall become a
part of the Constitution of the United States, such State shall be
declared entitled to representation in Congress, and senators and
representatives shall be admitted thereupon, on their taking the oath
prescribed by the law; and then and thereafter the preceding sections
of this bill shall be inoperative in said State.
Sec. 6, (proposed by Mr. Doolittle,)
provides that the penalty of death shall not be inflicted by the
military power without the approval of the President.
Sec. 7. (Shellabarger’s amendment.)
That until the people of said rebel States shall, by law, be admitted
to representation in the Congress of the United States, the civil
governments that may exist therein shall be deemed provisional only,
and shall be in all respects subject to the paramount authority of
the United States, which may at any time abolish, modify, control,
and supersede the same, and in all elections to any office under such
provisional governments all persons shall be entitled to vote, and
none others, who are entitled to vote under the provisions of the
fifth section of this act, and no person shall be eligible to any
office under such provisional governments who would be disqualified
from holding office under the provisions of the third article of said
Constitutional Amendment.
SUPPLEMENT TO THE MILITARY GOVERNMENT BILL.
Passed at the First Session of the Fortieth Congress.
An Act supplementary
to an act entitled, “An act to provide for the more efficient
government of the rebel States,” passed March second, eighteen hundred
and sixty-seven, and to facilitate restoration.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That before
the first day of September, eighteen hundred and sixty-seven, 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 second, eighteen hundred and sixty-seven, shall
cause a registration to be made of the male citizens of the United
States, twenty-one years of age and upward, resident in each county
or parish in the State or States included in his district, which
registration shall include only those persons who are qualified to
vote for delegates by the act aforesaid, and who 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 said
State for ———— months next preceding this day, and now reside in
the county of ————, or the parish of ————, in said State, (as
the case may be;) that I am twenty-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 of the United States; that I have never been a member of any
State legislature, nor held any executive or judicial office in any
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 rebellion against the United States, or given aid
or comfort to the enemies thereof; that I will faithfully support the
Constitution and obey the laws of the United States, and will, to the
best of my ability, encourage others so to do, so help me God;” which
oath or affirmation may be administered by any registering officer.
Sec. 2.And be it further enacted,
That after the completion of the registration hereby provided for in
any State, at such time and places therein as the commanding general
shall appoint and direct, of which at least thirty days’ public notice
shall be given, an election shall be held of delegates to a convention
for the purpose of establishing a constitution and civil government for
such State loyal to the Union, said convention in each State, except
Virginia, to consist of the same number of members as the most numerous
branch of the State legislature of such State in the year eighteen
hundred and sixty, to be apportioned among the several districts,
counties, or parishes of such State by the commanding general, giving
to each representation in the ratio of voters registered as aforesaid
as nearly as may be. The convention in Virginia shall consist of the
same number of members as represented the territory now constituting
Virginia in the most numerous branch of the legislature of said
State in the year eighteen hundred and sixty, to be apportioned as
aforesaid.
Sec. 3.And be it further enacted,
That at said election the registered voters of each State shall vote
for or against a convention to form a constitution therefor under
this act. Those voting in favor of such a convention shall have
written or printed on the ballots by which they vote for delegates,
as aforesaid, the words, “For a convention;” and those voting against
such a convention shall have written or printed on such ballots the
words, “Against a convention.” The persons appointed to superintend
said election, and to make return of the votes given thereat, as herein
provided, shall count and make return of the votes given for and
against a convention; and the commanding general to whom the same shall
have been returned shall ascertain and declare the total vote in each
State for and against a convention. If a majority of the votes given on
that question shall be for a convention, then such convention shall be
held as hereinafter provided; but if a majority of said votes shall be
against a convention, then no such convention shall be held under this
act: Provided, That such convention shall not be held unless a
majority of all such registered voters shall have voted on the question
of holding such convention.
Sec. 4.And be it further enacted,
That the commanding general of each district shall appoint as many
boards of registration as may be necessary, consisting of three loyal
officers or persons, to make and 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; and upon receiving said returns, he shall open
the same, ascertain the persons elected as delegates, according to
the returns of the officers who conducted said election, and make
proclamation thereof; and if a majority of the votes given on that
question shall be for a convention, the commanding general, within
sixty days from the date of election, shall notify the delegates to
assemble in convention, at a time and place to be mentioned in the
notification; and said convention, when organized, shall proceed to
frame a constitution and civil government according to the provisions
of this act, and the act to which it is supplementary; and when the
same shall have been so framed, said constitution shall be submitted
by the convention for ratification to the persons registered under the
provisions of this act, at an election to be conducted by the officers
or persons appointed or to be appointed by the commanding general, as
hereinbefore provided, and to be held after the expiration of thirty
days from the date of notice thereof, to be given by said convention;
and the returns thereof shall be made to the commanding general of the
district.
Sec. 5.And be it further enacted,
That if, according to said returns, the constitution shall be ratified
by a majority of the votes of the registered electors qualified as
herein specified, cast at said election, at least one-half of all the
registered voters voting upon the question of such ratification, the
president of the convention shall transmit a copy of the same, duly
certified, to the President of the United States, who shall forthwith
transmit the same to Congress, if then in session, and if not in
session, then immediately upon its next assembling; and if it shall
moreover appear to Congress that the election was one at which all the
registered and qualified electors in the State had an opportunity to
vote freely and without restraint, fear, or the influence of fraud,
and if the Congress shall be satisfied that such constitution meets
the approval of a majority of all the qualified electors in the
State, and if the said constitution shall be declared by Congress
to be in conformity with the provisions of the act to which this
is supplementary, and the other provisions of said act shall have
been complied with, and the said constitution shall be approved by
Congress, the State shall be declared entitled to representation, and
senators and representatives shall be admitted therefrom, as therein
provided.
Sec. 6.And be it further enacted,
That all elections in the States mentioned in the said “Act to provide
for the more efficient government of the rebel States,” shall, during
the operation of said act, be by ballot; and all officers making the
said registration of voters and conducting said elections shall, before
entering upon the discharge of their duties, take and subscribe the
oath prescribed by the act approved July second, eighteen hundred
and sixty-two, entitled, “An act to prescribe an oath of office:”
Provided, That if any person shall knowingly and falsely
take and subscribe any oath in this act prescribed, such person so
offending, and being thereof duly convicted, shall be subject to the
pains, penalties, and disabilities which by law are provided for the
punishment of the crime of willful and corrupt perjury.
Sec. 7.And be it further enacted,
That all expenses incurred by the several commanding generals, or by
virtue of any orders issued, or appointments made, by them, under or by
virtue of this act, shall be paid out of any moneys in the treasury not
otherwise appropriated.
Sec. 8.And be it further enacted,
That the convention for each State shall prescribe the fees, salary,
and compensation to be paid to all delegates and other officers and
agents herein authorized or necessary to carry into effect the purposes
of this act not herein otherwise provided for, and shall provide for
the levy and collection of such taxes on the property in such State as
may be necessary to pay the same.
Sec. 9.And be it further enacted,
That the word “article,” in the sixth section of the act to which this
is supplementary, shall be construed to mean “section.”
SCHUYLER COLFAX,
Speaker of the House of Representatives.
B. F. WADE,
President of the Senate pro tempore.
After the election which was held early in February, 1868, upon the
ratification of a new Constitution for the State of Alabama, the law
was so amended by Congress that a majority of the votes cast (instead
of a majority of the registered voters) should be required to ratify or
reject State constitutions in the seceded States.
JAMES BUCHANAN.
HISTORY OF THE NATIONAL BANKS.
DIGEST OF THE LAW, ETC.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That there shall
be established in the Treasury Department a separate Bureau, the chief
officer of which shall be denominated the Comptroller of the Currency,
who shall be under the general direction of the Secretary of the
Treasury.
Sec. 5. That associations for carrying
on the business of banking may be formed by any number of persons,
not less in any case than five, who shall enter into articles of
association, which shall specify in general terms the object for which
the association is formed, and may contain any other provisions, not
inconsistent with the provisions of this act, which the association may
see fit to adopt for the regulation of the business of the association
and the conduct of its affairs, which said articles shall be signed
by the persons uniting to form the association, and a copy of them
forwarded to the Comptroller of the Currency, to be filed and preserved
in his office.
Sec. 6. That the persons uniting to form
such an association shall, under their hands, make an organization
certificate, which shall specify—
First. The name assumed by such association, which name shall be
subject to the approval of the Comptroller.
Second. The place where its operations of discount and deposit are
to be carried on, designating the State, Territory, or District, and
also the particular county and city, town or village.
Third. The amount of its capital stock, and the number of shares
into which the same shall be divided.
Fourth. The names and places of residence of the shareholders, and
the number of shares held by each of them.
Fifth. A declaration that said certificate is made to enable such
persons to avail themselves of the advantages of this act.
The said certificate shall be acknowledged before a judge of some
court of record or a notary public, and such certificate, with the
acknowledgment thereof authenticated by the seal of such court or
notary, shall be transmitted to the Comptroller of the Currency, who
shall record and carefully preserve the same in his office. Copies of
such certificate, duly certified by the Comptroller, and authenticated
by his seal of office, shall be legal and sufficient evidence in all
courts and places within the United States, or the jurisdiction of the
Government thereof, of the existence of such association, and of every
other matter or thing which could be proved by the production of the
original certificate.
Sec. 7. That no association shall be
organized under this act, with a less capital than one hundred thousand
dollars, nor in a city whose population exceeds fifty thousand persons,
with a less capital than two hundred thousand dollars: Provided,
That banks with a capital of not less than fifty thousand dollars
may, with the approval of the Secretary of the Treasury, be organized
in any place, the population of which does not exceed six thousand
inhabitants.
Sec. 8. That every association formed,
pursuant to the provisions of this act, shall, from the date of the
execution of its organization certificate, be a body-corporate, but
shall transact no business except such as may be incidental to its
organization and necessarily preliminary, until authorized by the
Comptroller of the Currency to commence the business of banking. Such
association shall have power to adopt a corporate seal, and shall have
succession by the name designated in its organization certificate,
for the period of twenty years from its organization, unless sooner
dissolved according to the provisions of its articles of association,
or by the act of its shareholders owning two-thirds of its stock, or
unless the franchise shall be forfeited by a violation of this act; by
such name it may make contracts, sue and be sued, complain and defend,
in any court of law and equity as fully as natural persons; it may
elect or appoint directors, and by its board of directors appoint a
president, vice-president, cashier, and other officers, define their
duties, require bonds of them, and fix the penalty thereof, dismiss
said officers or any of them at pleasure, and appoint others to fill
their places, and exercise under this act all such incidental powers as
shall be necessary to carry on the business of banking by discounting
and negotiating promissory notes, drafts, bills of exchange, and
other evidences of debt; by receiving deposits; by buying and selling
exchange, coin, and bullion; by loaning money on personal security; by
obtaining, issuing, and circulating notes according to the provisions
of this act; and its board of directors shall also have power to define
and regulate by by-laws, not inconsistent with the provisions of this
act, the manner in which its stock shall be transferred, its directors
elected or appointed, its officers appointed, its property transferred,
its general business conducted, and all the privileges granted by
this act to associations organized under it shall be exercised and
enjoyed; and its usual business shall be transacted at an office or
banking-house located in the place specified in its organization
certificate.
Sec. 9. That the affairs of every
association shall be managed by not less than five directors, one of
whom shall be the president. Every director shall, during his whole
term of service, be a citizen of the United States; and at least
three-fourths of the directors shall have resided in the State,
Territory, or District in which such association is located one year
next preceding their election as directors, and be residents of the
same during their continuance in office. Each director shall own,
in his own right, at least ten shares of the capital stock of the
association of which he is a director.
Sec. 11. That in all elections of
directors, and in deciding all questions at meetings of shareholders,
each shareholder shall be entitled to one vote on each share of
stock held by him. Shareholders may vote by proxies duly authorized
in writing; but no officer, clerk, teller, or book-keeper of such
association shall act as proxy; and no shareholders, whose liability is
past due and unpaid, shall be allowed to vote.
Sec. 12. That the capital stock of
any association formed under this act shall be divided into shares
of one hundred dollars each, and be deemed personal property and
transferable on the books of the association; and every person becoming
a shareholder by such transfer shall, in proportion to his shares,
succeed to all the rights and liabilities of the prior holder of such
shares, and no change shall be made in the articles of association by
which the rights, remedies, or security of the existing creditors of
the association shall be impaired. The shareholders of each association
formed under the provisions of this act, and of each existing bank or
banking association that may accept the provisions of this act, shall
be held individually responsible, equally and ratably, and not one for
another, for all contracts, debts, and engagements of such association
to the extent of amount of their stock therein at the par value
thereof, in addition to the amount invested in such shares; except that
shareholders of any banking association now existing under State laws,
having not less than five millions of dollars of capital actually paid
in, and a surplus of twenty per centum on hand, both to be determined
by the Comptroller of the Currency, shall be liable only to the amount
invested in their shares; and such surplus of twenty per centum shall
be kept undiminished, and be in addition to the surplus provided for
in this act; and if at any time there shall be a deficiency in said
surplus of twenty per centum, the said banking association shall not
pay any dividends to its shareholders until such deficiency shall be
made good; and in case of such deficiency, the Comptroller of the
Currency may compel said banking association to close up its business
and wind up its affairs under the provisions of this act. And the
Comptroller shall have authority to withhold from an association his
certificate authorizing the commencement of business, whenever he shall
have reason to suppose that the shareholders thereof have formed the
same for any other than the legitimate objects contemplated by this act.
Sec. 13. That it shall be lawful for
any association formed under this act, by its articles of association
to provide for an increase of its capital from time to time, as
may be deemed expedient, subject to the limitations of this act:
Provided, That the maximum of such increase in the articles of
association shall be determined by the Comptroller of the Currency;
and no increase of capital shall be valid until the whole amount of
such increase shall be paid in, and notice thereof shall have been
transmitted to the Comptroller of the Currency, and his certificate
obtained specifying the amount of such increase of capital stock, with
his approval thereof, and that it has been duly paid in as part of the
capital of such association. And every association shall have power,
by the vote of shareholders owning two-thirds of its capital stock, to
reduce the capital of such association to any sum not below the amount
required by this act in the formation of associations: Provided,
That by no such reduction shall its capital be brought below the amount
required by this act for its outstanding circulation, nor shall any
such reduction be made until the amount of the proposed reduction has
been reported to the Comptroller of the Currency and his approval
thereof obtained.
Sec. 14. That at least fifty per centum
of the capital stock of every association shall be paid in before it
shall be authorized to commence business; and the remainder of the
capital stock of such association shall be paid in installments of
at least ten per centum each on the whole amount of the capital as
frequently as one installment at the end of each succeeding month
from the time it shall be authorized by the Comptroller to commence
business; and the payment of each installment shall be certified
to the Comptroller, under oath, by the president or cashier of the
association.
Sec. 16. That every association, after
having complied with the provisions of this act, preliminary to the
commencement of banking business under its provisions, and before it
shall be authorized to commence business, shall transfer and deliver to
the Treasurer of the United States, any United States registered bonds
bearing interest to an amount not less than thirty thousand dollars nor
less than one-third of the capital stock paid in, which bonds shall be
deposited with the Treasurer of the United States, and by him safely
kept in his office until the same shall be otherwise disposed of, in
pursuance of the provisions of this act; and the Secretary of the
Treasury is hereby authorized to receive and cancel any United States
coupon bonds, and to issue in lieu thereof registered bonds of like
amount, bearing a like rate of interest, and having the same time to
run; and the deposit of bonds shall be, by every association, increased
as its capital may be paid up or increased, so that every association
shall at all times have on deposit with the Treasurer registered United
States bonds to the amount of at least one-third of its capital stock
actually paid in: Provided, That nothing in this section shall
prevent an association that may desire to reduce its capital or to
close up its business and dissolve its organization from taking up its
bonds upon returning to the Comptroller its circulating notes in the
proportion hereinafter named in this act, nor from taking up any excess
of bonds beyond one-third of its capital stock, and upon which no
circulating notes have been delivered.
Sec. 17. That whenever a certificate
shall have been transmitted to the Comptroller of the Currency, as
provided in this act, and the association transmitting the same shall
notify the Comptroller that at least fifty per centum of its capital
stock has been paid in as aforesaid, and that such association has
complied with all the provisions of this act as required to be complied
with before such association shall be authorized to commence the
business of banking, the Comptroller shall examine into the condition
of such association, ascertain especially the amount of money paid in
on account of its capital, the name and place of residence of each
of the directors of such association, and the amount of the capital
stock of which each is the bona fide owner, and generally whether such
association has complied with all the requirements of this act to
entitle it to engage in the business of banking; and shall cause to be
made and attested by the oaths of a majority of the directors and by
the president or cashier of such association, a statement of all the
facts necessary to enable the Comptroller to determine whether such
association is lawfully entitled to commence the business of banking
under this act.
Sec. 19. That all transfers of United
States bonds which shall be made by any association under the
provisions of this act shall be made to the Treasurer of the United
States in trust for the association, with a memorandum written or
printed on each bond, and signed by the cashier or some other officer
of the association making the deposit, a receipt therefor to be given
to said association, or by the Comptroller of the Currency, or by a
clerk appointed by him for that purpose, stating that it is held in
trust for the association on whose behalf such transfer is made, and as
a security for the redemption and payment of any circulating notes that
may have been or may be delivered to such association. No assignment or
transfer of any such bonds by the Treasurer shall be deemed valid or
of binding force and effect unless countersigned by the Comptroller of
the Currency. It shall be the duty of the Comptroller of the Currency
to keep in his office a book in which shall be entered the name of
every association from whose accounts such transfer of bonds is made
by the Treasurer, and the name of the party to whom such transfer is
made; and the par value of the bonds so transferred shall be entered
therein; and it shall be the duty of the Comptroller, immediately upon
countersigning and entering the same, to advise by mail the association
from whose account such transfer was made of the kind and numerical
designation of the bonds and the amount thereof so transferred.
Sec. 21. That upon the transfer and
delivery of bonds to the Treasurer, as provided in the foregoing
section, the association making the same shall be entitled to receive
from the Comptroller of the Currency circulating notes of different
denominations, in blank, registered and countersigned, as hereinafter
provided, equal in amount to ninety per centum of the current market
value of the United States bonds so transferred and delivered, but
not exceeding ninety per centum of the amount of said bonds at the
par value thereof, it bearing interest at a rate not less than five
per centum per annum; and the amount of such circulating notes to be
furnished to each association shall be in proportion to its paid-up
capital, as follows, and no more: To each association whose capital
shall not exceed five hundred thousand dollars, ninety per centum of
such capital; to each association whose capital exceeds five hundred
thousand dollars, but does not exceed one million dollars, eighty per
centum of such capital; to each association whose capital exceeds
one million dollars, but does not exceed three millions of dollars,
seventy-five per centum of such capital; to each association whose
capital exceeds three millions of dollars, sixty per centum of such
capital. And that one hundred and fifty millions of dollars of the
entire amount of circulating notes authorized to be issued shall be
apportioned to associations in the States, in the District of Columbia,
and in the Territories, according to representative population, and
the remainder shall be apportioned by the Secretary of the Treasury
among associations formed in the several States, in the District of
Columbia, and in the Territories, having due regard to the existing
banking capital, resources, and business of such State, District, and
Territory. (Act as amended and approved, March 3, 1865.)
Sec. 22. That the entire amount of notes
for circulation to be issued under this act shall not exceed three
hundred millions of dollars. In order to furnish suitable notes for
circulation, the Comptroller of the Currency is hereby authorized and
required, under the direction of the Secretary of the Treasury, to
cause plates and dies to be engraved, in the best manner, to guard
against counterfeiting and fraudulent alterations, and to have printed
therefrom, and numbered, such quantity of circulating notes, in blank,
of the denominations of one dollar, two dollars, three dollars, five
dollars, ten dollars, twenty dollars, fifty dollars, one hundred
dollars, five hundred dollars, and one thousand dollars, as may be
required to supply, under this act, the associations entitled to
receive the same; which notes shall express upon their face that they
are secured by United States bonds, deposited with the Treasurer of the
United States by the written or engraved signatures of the Treasurer
and Register, and by the imprint of the seal of the Treasury; and
shall also express upon their face the promise of the association
receiving the same to pay on demand, attested by the signatures of
the president or vice-president and cashier. And the said notes shall
bear such devices and such other statements, and shall be in such
form as the Secretary of the Treasury shall, by regulation, direct:
Provided, That not more than one-sixth part of the notes
furnished to an association shall be of a less denomination than five
dollars, and that after specie payments shall be resumed no association
shall be furnished with notes of a less denomination than five
dollars.
Sec. 23. That after any such association
shall have caused its promise to pay such notes on demand to be signed
by the president or vice-president, and cashier thereof, in such manner
as to make them obligatory promissory notes, payable on demand, at its
place of business, such association is hereby authorized to issue and
circulate the same as money; and the same shall be received at par in
all parts of the United States in payment of taxes, excises, public
lands, and all other dues to the United States, except for duties on
imports; and also for all salaries and other debts and demands owing
by the United States to individuals, corporations, and associations
within the United States, except interest on the public debt, and in
redemption of the national currency. And no such association shall
issue post notes or any other notes to circulate as money than such as
are authorized by the foregoing provisions of this act.
Sec. 24. That it shall be the duty of
the Comptroller of the Currency to receive worn-out or mutilated
circulating notes issued by any such banking association, and also,
on due proof of the destruction of any such circulating notes, to
deliver in place thereof to such association other blank circulating
notes to an equal amount. And such worn-out or mutilated notes, after a
memorandum shall have been entered in the proper books, in accordance
with such regulations as may be established by the Comptroller, as well
as all circulating notes which shall have been paid or surrendered to
be canceled, shall be burned to ashes in the presence of four persons,
one to be appointed by the Secretary of the Treasury, one by the
Comptroller of the Currency, one by the Treasurer of the United States,
and one by the association, under such regulations as the Secretary
of the Treasury may prescribe. And a certificate of such burning,
signed by the parties so appointed, shall be made in the books of the
Comptroller, and a duplicate thereof forwarded to the association whose
notes are thus cancelled.
Sec. 26. That the bonds transferred to
and deposited with the Treasurer of the United States, as hereinbefore
provided, by any banking association for the security of its
circulating notes, shall be held exclusively for that purpose, until
such notes shall be redeemed, except as provided in this act; but the
Comptroller of the Currency shall give to any such banking association
powers of attorney to receive and appropriate to its own use the
interest on the bonds which it shall have so transferred to the
Treasurer; but such powers shall become inoperative whenever such
banking association shall fail to redeem its circulating notes as
aforesaid. Whenever the market or cash value of any bonds deposited
with the Treasurer of the United States, as aforesaid, shall be
reduced below the amount of the circulation issued for the same, the
Comptroller of the Currency is hereby authorized to demand and receive
the amount of such depreciation in other United States bonds at cash
value, or in money, from the association receiving said bills, to be
deposited with the Treasurer of the United States as long as such
depreciation continues. And said Comptroller, upon the terms prescribed
by the Secretary of the Treasury, may permit an exchange to be made of
any of the bonds deposited with the Treasurer by an association for
other bonds of the United States authorized by this act to be received
as security for circulating notes: Provided, that the remaining
bonds which shall have been transferred by the banking association
offering to surrender circulating notes shall be equal to the amount
required for the circulating notes not surrendered by such banking
association, and that the amount of bonds in the hands of the Treasurer
shall not be diminished below the amount required to be kept on deposit
with him by this act: And provided, That there shall have been
no failure by such association to redeem its circulating notes, and no
other violation by such association of the provisions of this act, and
that the market or cash value of the remaining bonds shall not be below
the amount required for the circulation issued for the same.
Sec. 27. That it shall be unlawful for
any officer acting under the provisions of this act to countersign or
deliver to any association, or to any other company or person, any
circulating notes contemplated by this act, except as hereinbefore
provided, and in accordance with the true intent and meaning of this
act.
Sec. 28. That it shall be lawful for
any such association to purchase, hold, and convey real estate as
follows:
First. Such as shall be necessary for its immediate accommodation in
the transaction of its business.
Second. Such as shall be mortgaged to it in good faith by way of
security for debts previously contracted.
Third. Such as shall be conveyed to it in satisfaction of debts
previously contracted in the course of its dealings.
Fourth. Such as it shall purchase at sales under judgments, decrees,
or mortgages held by such association, or shall purchase to secure
debts due to said association.
Such association shall not purchase or hold real estate in any other
case or for any other purpose than as specified in this section. Nor
shall it hold the possession of any real estate under mortgage, or hold
the title and possession of any real estate purchased to secure any
debts due to it for a longer period than five years.
Sec. 29. That the total liabilities to
any association, of any person, or of any company, corporation, or firm
for money borrowed, including in the liabilities of a company or firm
the liabilities of the several members thereof, shall at no time exceed
one-tenth part of the amount of the capital stock of such association
actually paid in: Provided, That the discount of bona fide bills
of exchange drawn against actually existing values, and the discount of
commercial or business paper actually owned by the person or persons,
corporation, or firm negotiating the same shall not be considered as
money borrowed.
Sec 30. That every association may take,
receive, reserve, and charge on any loan or discount made, or upon
any note, bill of exchange, or other evidences of debt, interest at
the rate allowed by the laws of the State or Territory where the bank
is located, and no more, except that where by the laws of any State
a different rate is limited for banks of issue organized under State
laws, the rate so limited shall be allowed for associations organized
in any such State under this act. And when no rate is fixed by the
laws of the State or Territory, the bank may take, receive, reserve,
or charge a rate not exceeding seven per centum, and such interest may
be taken in advance, reckoning the days for which the note, bill, or
other evidence of debt has to run. And the knowingly taking, receiving,
reserving, or charging a rate of interest greater than aforesaid
shall be held and adjudged a forfeiture of the entire interest which
the note, bill, or other evidence of debt carries with it, or which
has been agreed to be paid thereon. And in case a greater rate of
interest has been paid, the person or persons paying the same, or their
legal representatives, may recover back, in any action of debt twice
the amount of the interest thus paid from the association taking or
receiving the same: Provided, That such action is commenced
within two years from the time the usurious transaction occurred.
But the purchase, discount, or sale of a bona fide bill of exchange,
payable at another place than the place of such purchase, discount, or
sale, at not more than the current rate of exchange for sight drafts,
in addition to the interest, shall not be considered as taking or
receiving a greater rate of interest.
Sec. 31. That every association in the
cities hereinafter named shall, at all times, have on hand, in lawful
money of the United States, an amount equal to at least twenty-five
per centum of the aggregate amount of its notes in circulation and its
deposits; and every other association shall, at all times, have on
hand, in lawful money of the United States, an amount equal to at least
fifteen per centum of the aggregate amount of its notes in circulation
and of its deposits. And whenever the lawful money of any association
in any of the cities hereinafter named shall be below the amount of
twenty-five per centum of its circulation and deposits, and whenever
the lawful money of any other association shall be below fifteen per
centum of its circulation and deposits, such association shall not
increase its liabilities by making any new loans or discounts,
otherwise than by discounting or purchasing bills of exchange payable
at sight, nor make any dividend of its profits until the required
proportion between the aggregate amount of its outstanding notes of
circulation and deposits and its lawful money of the United States
shall be restored: Provided, That three-fifths of said fifteen
per centum may consist of balances due to an association available for
the redemption of its circulating notes from associations approved
by the Comptroller of the Currency, organized under this act, in the
cities of Saint Louis, Louisville, Chicago, Detroit, Milwaukee, New
Orleans, Cincinnati, Cleveland, Pittsburg, Baltimore, Philadelphia,
Boston, New York, Albany, Leavenworth, San Francisco, and Washington
City: Provided, also, That clearing-house certificates,
representing specie or lawful money specially deposited for the purpose
of any clearing-house association, shall be deemed to be lawful money
in the possession of any association belonging to such clearing-house
holding and owning such certificate, and shall be considered to be a
part of the lawful money which such association is required to have
under the foregoing provisions of this section: Provided, That
the cities of Charleston and Richmond may be added to the list of
cities in the national associations, of which other associations may
keep three-fifths of their lawful money, whenever, in the opinion of
the Comptroller of the Currency, the condition of the Southern States
will warrant it. And it shall be competent for the Comptroller of the
Currency to notify any association, whose lawful money reserve as
aforesaid shall be below the amount to be kept on hand as aforesaid, to
make good such reserve; and if such association shall fail for thirty
days thereafter, so as to make good its reserve of lawful money of
the United States, the Comptroller may, with the concurrence of the
Secretary of the Treasury, appoint a receiver to wind up the business
of such association, as provided in this act.
Sec. 32. That each association organized
in any of the cities named in the foregoing section shall select,
subject to the approval of the Comptroller of the Currency, an
association in the city of New York, at which it will redeem its
circulating notes at par. And each of such associations may keep
one-half of its lawful money reserve in cash deposits in the city of
New York. And each association, not organized within the cities named
in the preceding section, shall select, subject to the approval of the
Comptroller of the Currency, an association in either of the cities
named in the preceding section, at which it will redeem its circulating
notes at par. And every association formed or existing under the
provisions of this act shall take and receive at par, for any debt or
liability to said association, any and all notes or bills issued by any
association existing under and by virtue of this act.
Sec. 35. That no association shall make
any loan or discount on the security of the shares of its own capital
stock, nor be the purchaser or holder of any such shares, unless
such security or purchase shall be necessary to prevent loss upon a
debt previously contracted in good faith; and stock so purchased or
acquired, shall, within six months from the time of its purchase, be
sold or disposed of at public or private sale, in default of which a
receiver may be appointed to close up the business of the association,
according to the provisions of this act.
Sec. 36. That no association shall, at
any time, be indebted, or in any way liable, to an amount exceeding its
capital stock at such time actually paid in and remaining undiminished
by losses or otherwise, except on the following accounts; that is to
say:
First. On account of its notes of circulation.
Second. On account of moneys deposited with, or collected by, such
association.
Third. On account of bills of exchange or drafts drawn against
money actually on deposit to the credit of such association, or due
thereto.
Fourth. On account of liabilities to its stockholders for dividends
and reserved profits.
Sec. 37. That no association shall,
either directly or indirectly, pledge or hypothecate any of its notes
of circulation, for the purpose of procuring money to be paid in
on its capital stock, or to be used in its banking operations, or
otherwise; nor shall any association use its circulating notes, or any
part thereof, in any manner or form, to create or increase its capital
stock.
Sec. 38. That no association or any
member thereof, shall, during the time it shall continue its banking
operations, withdraw, or permit to be withdrawn, either in forms of
dividends or otherwise, any portion of its capital. And if losses
shall at any time have been sustained by any such association equal to
or exceeding its dividend profits then on hand, no dividend shall be
made; and no dividend shall ever be made by any association while it
shall continue its banking operations, to an amount greater than its
net profits then on hand, deducting therefrom its losses and bad debts.
And all debts due to any association on which interest is past due
and unpaid for a period of six months, unless the same shall be well
secured, and shall be in process of collection, shall be considered bad
debt, within the meaning of this act: Provided, That nothing in
this section shall prevent the reduction of the capital stock of the
association under the thirteenth section of this act.
Sec. 39. That no association shall at any
time pay out on loans or discounts, or in purchasing drafts or bills of
exchange, or in payment of deposits, or in any other mode pay or put in
circulation the notes of any bank or banking association which shall
not, at any such time, be receivable, at par on deposit and in payment
of debts by the association so paying out or circulating such notes,
nor shall it knowingly pay out or put in circulation any notes issued
by any bank or banking association, which, at the time of such paying
out or putting in circulation, is not redeeming its circulating notes
in lawful money of the United States.
Sec. 41. And in lieu of all existing
taxes, every association shall pay to the Treasurer of the United
States, in the months of January and July, a duty of one-half of one
per centum each half year from and after the first day of January,
eighteen hundred and sixty-four, upon the average amount of its notes
in circulation, and a duty of one quarter of one per centum each half
year upon the average amount of its deposits, and a duty of one quarter
of one per centum each half year, as aforesaid, on the average amount
of its capital stock beyond the amount invested in United States bonds.
And it shall be the duty of each association, within ten days from the
first days of January and July of each year, to make a return under
the oath of its president or cashier, to the Treasurer of the United
States, in such form as he may prescribe, of the average amount of its
notes in circulation, and of the average amount of its deposits, and of
the average amount of its capital stock beyond the amount invested in
United States bonds, for the six months next preceding said first days
of January and July as aforesaid: Provided, That nothing in this
act shall be construed to prevent all the shares in any of the said
associations, held by any person or body-corporate from being included
in the valuation of the personal property of such person or corporation
in the assessment of taxes imposed by or under State authority at the
place where such bank is located, and not elsewhere, but not at a
greater rate than is assessed upon other moneyed capital in the hands
of individual citizens of such State: Provided further, That
the tax so imposed under the laws of any State upon the shares of any
of the associations authorized by this act shall not exceed the rate
imposed upon the shares in any of the banks organized under authority
of the State where such association is located: Provided, also,
That nothing in this act shall exempt the real estate of associations
from either State, county, or municipal taxes to the same extent,
according to its value, as other real estate is taxed.
Sec. 42. That any association may go
into liquidation and be closed by the vote of its shareholders owning
two-thirds of its stock. And whenever such vote shall be taken it shall
be the duty of the board of directors to cause notice of this fact to
be certified, under the seal of the association, by its president or
cashier, to the Comptroller of the Currency, and publication thereof
to be made for a period of two months in a newspaper, published in the
city of New York, and also in a newspaper published in a city or town
in which the association is located; and one year after that time the
outstanding notes of said association shall be redeemed at the Treasury
of the United States, and the said association and the shareholders
thereof shall be discharged from all liabilities therefor.
Sec. 44. That any bank incorporated by
special law, or any banking institution organized under a general
law of any State, may, by authority of this act, become a national
association under its provisions, by the name prescribed in its
organization certificate; and in such case the articles of association
and the organization certificate required by this act may be executed
by a majority of the directors of the bank or banking institution;
and said certificate shall declare that the owners of two-thirds
of the capital stock shall have authorized the directors to make
such certificate and to change and convert the said bank or banking
institution into a national association under this act. And a majority
of the directors, after executing said articles of association and
organization certificate, shall have power to execute all other papers,
and to do whatever may be required to make its organization perfect
and complete as a national association. The shares of any such bank
may continue to be for the same amount each as they were before said
conversion, and the directors aforesaid may be the directors of the
association until others are elected or appointed in accordance with
the provisions of this act; and any State bank which is a stockholder
in any other bank, by authority of State laws, may continue to hold
its stock, although either bank, or both, may be organized under and
have accepted the provisions of this act. When the Comptroller shall
give to such association a certificate, under his hand and official
seal, that the provisions of this act have been complied with, and that
it is authorized to commence the business of banking under it, the
association shall have the same powers and privileges, and shall be
subject to the same duties, responsibilities and rules, in all respects
as are prescribed in this act for other associations organized under
it, and shall be held and regarded as an association under this act:
Provided, however, That no such association shall have a less
capital than the amount prescribed for banking associations under this
act.
Sec. 45. That all associations under
this act, when designated for that purpose by the Secretary of the
Treasury, shall be depositaries of public money, except receipts from
customs, under such regulations as may be prescribed by the Secretary;
and they may also be employed as financial agents of the Government;
and they shall perform all such reasonable duties, as depositaries
of public moneys and financial agents of the Government, as may be
required of them. And the Secretary of the Treasury shall require of
the associations thus designated satisfactory security, by the deposit
of United States bonds and otherwise, for the safe keeping and prompt
payment of the public money deposited with them, and for the faithful
performance of their duties as financial agents of the Government:
Provided, That every association which shall be selected and
designated as receiver or depositary of the public money, shall take
and receive at par all of the national currency bills, by whatever
association issued, which have been paid in to the Government for
internal revenue, or for loans or stocks.
Sec. 46. That if any such association
shall at any time fail to redeem, in the lawful money of the United
States, any of its circulating notes, when payment thereof shall be
lawfully demanded during the usual hours of business, at the office of
such association, or at its place of redemption aforesaid, the holder
may cause the same to be protested, in one package, by a notary public,
unless the president or cashier of the association, whose notes are
presented for payment, or the president or cashier of the association
at the place at which they are redeemable, shall offer to waive demand
and notice of the protest, and shall, in pursuance of such offer,
make, sign, and deliver to the party making such demand, an admission
in writing, stating the time of the demand, the amount demanded, and
the fact of the non-payment thereof; and such notary public, on making
such protest, or upon receiving such admission, shall forthwith forward
such admission or notice of protest to the Comptroller of the Currency,
retaining a copy thereof. And after such default, on examination of
the facts by the Comptroller, and notice by him to the association, it
shall not be lawful for the association suffering the same to pay out
any of its notes, discount any notes or bills, or otherwise prosecute
the business of banking, except to receive and safely keep money
belonging to it, and to deliver special deposits. Provided,
That if satisfactory proof be produced to such notary public, that
the payment of any such notes is restrained by order of any court of
competent jurisdiction, such notary public shall not protest the same;
and when the holder of such notes shall cause more than one note or
package to be protested on the same day, he shall not receive pay for
more than one protest.
Sec. 56. That all suits and proceedings
arising out of the provisions of this act, in which the United States
or its officers or agents shall be parties, shall be conducted by the
district attorneys of the several districts, under the direction and
supervision of the Solicitor of the Treasury.
Sec. 57. That suits, actions, and
proceedings against any association under this act, may be had in any
circuit, district, or territorial court of the United States held
within the district in which such association may be established; or
in any State, county, or municipal court in the county or city in
which said association is located, having jurisdiction in similar
cases: Provided, however, That all proceedings to enjoin the
Comptroller under this act shall be had in a circuit, district, or
territorial court of the United States, held in the district in which
the association is located.
Sec. 58. That every person who shall
mutilate, cut, deface, disfigure, or perforate with holes, or shall
unite or cement together, or do any other thing to any bank bill,
draft, note, or other evidence of debt, issued by any such association,
or shall cause or procure the same to be done, with intent to render
such bank bill, draft, note, or other evidence of debt unfit to be
reissued by said association, shall, upon conviction, forfeit fifty
dollars to the association who shall be injured thereby, to be
recovered by action in any court having jurisdiction.
Sec. 61. That it shall be the duty of
the Comptroller of the Currency to report annually to Congress at the
commencement of its session—
First. A summary of the state and condition of every association
from whom reports have been received the preceding year, at the several
dates to which such reports refer, with an abstract of the whole amount
of banking capital returned by them, of the whole amount of their debts
and liabilities, the amount of circulating notes outstanding, and the
total amount of means and resources, specifying the amount of lawful
money held by them at the times of their several returns, and such,
other information in relation to said associations as, in his judgment
may be useful.
Sec. 110. That there shall be levied,
collected, and paid a duty of one twenty-fourth of one per centum each
month upon the average amount of the deposits of money, subject to
payment by check or draft, or represented by certificates of deposit
or otherwise, whether payable on demand or at some future day, with
any person, bank, association, company or corporation engaged in the
business of banking; and a duty of one twenty-fourth of one per centum
each month, as aforesaid, upon the average amount of the capital of any
bank, association, company or corporation, or person engaged in the
business of banking, beyond the amount invested in United States bonds;
and a duty of one-twelfth of one per centum each month upon the average
amount of circulation issued by any bank, association, corporation,
company or person, including as circulation all certified checks and
all notes and other obligations circulated or intended to circulate,
or to be used as money, but not including that in the vault of the
bank, or redeemed and on deposit for said bank, and an additional duty
of one-sixth of one per centum each month upon the average amount of
such circulation, issued as aforesaid, beyond the amount of ninety
per centum of the capital of any such bank, association, corporation,
company or person, and upon any amount of such circulation beyond the
average amount of the circulation that had been issued as aforesaid
by any such bank, association, corporation, company or person, for
the six months preceding the first day of July, eighteen hundred and
sixty-four. And on the first Monday of August next, and of each month
thereafter, a true and accurate return of the amount of circulation, of
deposit and of capital, as aforesaid, for the previous month, shall be
made and rendered in duplicate by each of such banks, associations,
corporations, companies or persons, to the assessor of the district
in which any such bank, association, corporation or company may be
located, or in which such person may reside, with a declaration annexed
thereto, and the oath or affirmation of such person, or the president
or cashier of such bank, association, corporation or company, in such
form and manner as may be prescribed by the Commissioner of Internal
Revenue, that the same contains a true and faithful statement of the
amount of circulation, deposits, and capital, as aforesaid, subject
to duty as aforesaid, and shall transmit the duplicate of said return
to the Commissioner of Internal Revenue, and within twenty days
thereafter shall pay to the said Commissioner of Internal Revenue the
duties hereinbefore prescribed upon the said amount of circulation, of
deposits and of capital, as aforesaid.
History of Finances, Loans, Bonds, Legal Tender Notes of the U. S., etc., from 1841 to the Present Time.
Acts Authorizing Loans, and Synopsis of same.
Acts of July 21, 1841, and April 15, 1842.
Authorized a loan of $12,000,000, bearing interest at a
rate not exceeding 6 per cent. per annum, and
reimbursable at the will of the Secretary, after six
months’ notice, or atany time after three years from
Jan. 1, 1842. The act of April 15, 1842, authorized
the loan of an additional sum of $5,000,000, and made
the amount obtained on the loan, after the passage of
this act, reimbursable after six months’ notice, or at
any time not exceeding twenty years from Jan, 1, 1843.
This loan was made for the purpose of redeeming
outstanding Treasury notes, and to defray any of the
public expenses.
Act of Jan. 28, 1847.
Authorized the issue of $23,000,000 in Treasury notes,
bearing interest at a rate not exceeding 6 per cent.
per annum, with authority to borrow any portion of the
amount, and issue bonds therefor, bearing interest at
a rate not exceeding 6 per cent. and redeemable after
Dec. 31, 1867. The 13th section authorized the funding
of these notes into bonds of the same description. The
act limited the amount to be borrowed or issued in
Treasury notes, and funded as aforesaid, to $23,000,000,
but authorized the funding of Treasury notes issued
under former acts beyond that amount. The excess of
the $23,000,000 is made up of Treasury notes funded
under the 14th section.
Act of March 31, 1848.
Authorized a loan of $16,000,000, bearing interest at a
rate not exceeding 6 per cent. per annum, and
reimbursable at any time after twenty years from July 1,
1848. Authority was given to the Secretary to purchase
the stock at any time.
Act of Sept. 9, 1850.
Authorized the issue of $10,000,000 in bonds, bearing
5 per cent. interest, and redeemable at the end of
fourteen years, to indemnify the State of Texas for
her relinquishment of all claims upon the United States
for liability of the debts of Texas, and for compensation
for the surrender to the United States of her ships, forts,
arsenals, custom-houses, &c., which became the property
of the United States at the time of annexation.
Old funded
Consisting of unclaimed dividends upon stocks issued
and
before the year 1800, and those issued during the war
unfunded debts.
of 1812.
Acts prior
Different issues of Treasury notes.
to 1857.
Act of Dec. 23, 1857.
Authorized an issue of $20,000,000 in Treasury notes,
bearing interest at a rate not exceeding 6 per cent.
per annum, and receivable in payment of all public
dues, and to be redeemed after the expiration of one
year from the date of said notes.
Act of June 14, 1858.
Authorized a loan of $20,000,000, bearing interest at a
rate not exceeding 5 per cent. per annum, and
reimbursable, at the option of the Government, at any
time after the expiration of fifteen years from
Jan. 1, 1859.
Act of June 22, 1860.
Authorized a loan of $21,000,000, bearing interest at
a rate not exceeding 6 per cent. per annum, and
reimbursable within a period not beyond twenty years,
and not less than ten years, for the redemption of
outstanding Treasury notes, and for no other purpose.
Act of Dec. 17, 1860.
Authorized an issue of $10,000,000 in Treasury notes to
be redeemed after the expiration of one year from the
date of issue, and bearing such a rate of interest as
may be offered by the lowest bidders. Authority was
given to issue these notes in payment of warrants in
favor of public creditors at their par value, bearing
six per cent. per annum.
(A) = Rate of interest.
(B) = Price of emission.
Title.
Length of Loan.
When redeemable.
(A)
(B)
Amount authorized.
Amount issued.
Amount outstanding.
Acts of July 21, 1841, and April 15, 1842.
Loan of 1842
20 years
After Dec. 31, 1862.
6 % per annum.
Par.
$17,000,000
$8,000,000
$64,768 68
Act of Jan. 28, 1847.
Loan of 1847
20 years
After Dec. 31, 1867.
6 % per annum.
Par.
23,000,000
28,207,000
7,160,200 00
Act of March 31,
Loan of 1848
20 years
After July 1, 1868.
6 % per annum.
Par.
16,000,000
16,000,000
8,020,941 80
Act of Sept. 9, 1859.
Texas indemnity
15 years
After Dec. 31, 1864
5 % per annum.
Par.
10,000,000
5,000,000
263,000 00
Old funded and unfunded debts.
Old funded debt
Demand
On demand
5 & 6%.
Par.
——
——
113,915 48
Acts prior to 1857.
Treas. notes
——
On demand
1 m. to 6 %
Par.
——
——
104,511 64
Act of Dec. 23, 1857.
Treas. notes
1 year
1 year after date.
5 to 5½%
Par.
20,000,000
——
2,600 00
Act of June 14, 1858.
Loan of 1858
15 years
Dec. 31, ’73
5 % per annum.
Par.
20,000,000
20,000,000
20,000,000 00
Act of June 14, 1860.
Loan of 1860
18 years
After Dec. 31, 1870.
5 % per annum.
Par.
21,000,000
7,022,000
7,022,000 00
Act of Dec. 17, 1860.
Treas. notes
1 year
1 year afteer date.
6 and 12 % per annum.
Par.
10,000,000
10,000,000
600 00
Acts Authorizing Loans, and Synopsis of same.
Acts of Feb. 8, 1861.
Authorized a loan of $25,000,000, bearing interest at
a rate not exceeding 6 per cent. per annum, and
reimbursable within a period not beyond twenty years,
nor less than ten years. This loan was made for the
payment of the current expenses, and was to be
awarded to the most favorable bidders.
Act of March 2, 1861.
Authorized a loan of $10,000,000, bearing interest at
a rate not exceeding 6 per cent. per annum, and
reimbursable after the expiration of ten years from
July 1, 1861. In case proposals for the loan were
not acceptable, authority was given to issue the
whole amount in Treasury notes, bearing interest at
a rate not exceeding 6 per cent. per annum.
Authority was also given to substitute Treasury
notes for the whole or any part of the loans for which
the Secretary was by law authorized to contract and
issue bonds at the time of the passage of this act,
and such Treasury notes were to be made receivable
in payment of all public dues, and redeemable at
any time within two years from March 2, 1861.
Act of March 2, 1861.
Authorized an issue, should the Secretary of the
Treasury deem it expedient, of $2,800,000, in coupon
bonds, bearing interest at the rate of 6 per cent.
per annum, and redeemable in twenty years, for the
payment of expenses incurred by the Territories of
Washington and Oregon in the suppression of Indian
hostilities during the years 1855 and 1856.
Acts of July 17, 1861, and August 5, 1861.
Authorized a loan of $250,000,000, for which could be
issued bonds bearing interest at a rate not
exceeding 7 per cent. per annum, irredeemable for
twenty years, and after that redeemable at the
pleasure of the United States; Treasury notes
bearing interest at the rate of 7.30 per cent. per
annum, payable three years after date, and U. S.
notes,without interest, payable on demand, to the
extent of $50,000,000 (increased by act of Feb. 12,
1862, to $60,000,000), to bonds and Treasury notes,
to be issued in such proportions of each as the
Secretary may deem advisable. The supplementary act
of Aug. 5, 1861, authorized an issue of bonds,
bearing 6 per cent. interest per annum, and payable
at the pleasure of the United States after twenty
years from date, which may be issued in exchange
for 7.30 Treasury notes, but no such bonds to be
issued for a less sum than $500; and the whole
amount of such bonds not to exceed the whole amount
of 7.30 Treasury notes issued.
Act of Feb. 25, 1862.
Authorized the issue of $500,000,000, in 6 per cent.
bonds, redeemable after five years, and payable
twenty years from date, which may be exchanged for
United States notes. Also on
March 3, 1864.
Authorized the issue of not over $11,000,000
additional of similar bonds, to meet subscriptions
already made and paid for.
June 30, 1864.
On hand, unsold in the United States or Europe.
January 28, 1865.
Act of Feb. 25, 1862.
Authorized the issue of $150,000,000, in legal-tender
U. S. notes; $50,000,000 of which to be in lieu of
demand notes, issued under act of July 17, 1861.
Act of July 11, 1862.
Authorized an additional issue of $150,000,000, in
legal-tender notes; $35,000,000 of which might be
in denominations less than five dollars: $50,000,000
of this issue to be reserved to pay temporary loans
promptly in case of emergency.
Resolution of Congress, January 17, 1863.
Authorized the issue of $100,000,000, in United States
notes, for the immediate payment of the army and
navy, such notes to be a part of the amount
provided for in any bill that may hereafter be
passed by this Congress. (The amount in this
resolution is included in the act of March 3, 1863.)
(Continued on p. 322.)
(A) = Rate of interest.
(B) = Price of emission.
Title.
Length of Loan.
When redeemable.
(A)
(B)
Amount authorized.
Amount issued.
Amount outstanding.
Act of Feb. 8, 1861.
Loan of Feb. 8, 1861.
20 years
After June 1, 1881.
6 % per annum.
Par.
$25,000,000
$18,415,000
$18,415,000 00
Act of March 2, 1861.
Treas’y notes.
2 years
2 yrs. after
6 % p. an’m
Par.
3,600 00
date.
22,468,100
22,468,100
60 days.
60 days
12,896,350
12,896,350
Act of March 2, 1861.
Oregon war
20 years
After July 1, 1881.
6 % per annum.
Par.
2,800,000
1,090,850
1,016,000 00
Acts of July 17, 1861, and August 5, 1861.
20-year sixes.
20 years
After June 30, 1881.
6 % per annum.
—
——
50,000,000
50,000,000 00
7-30 notes. (two issues)
3 years
After Aug. 18, 1864.
7-30% per annum.
——
139,999,750
139,315,350 00
After Sept. 30, 1864.
Demand notes.
Pay’ble on demand.
Demand
None.
—
——
60,000,000
208,432 00
20-year sixes.
20 years.
After June 30, 1881.
6 % per annum.
Par.
Exch’ngeble for 7-30 Tr’y notes.
——
59,700 00
Act of Feb. 25, 1862.
March 3, 1864
Five- twenties.
5 or 20 years.
After Ap’l 30, 1867.
6 % per annum
Par.
515,000,000
514,780,500
514,780,500 00
June 30, 1864. January 28, 1865.
Act of Feb. 25, 1862.
Act of July 11, 1862.
U. States notes, new issue.
——
——.
None.
Par.
450,000,000
——
371,783,597 00
Resolution of Congress, January 17, 1863.
Acts Authorizing Loans, and Synopsis of same.
Act of March 3, 1863.
A further issue of $150,000,000, in United States notes,
for the purpose of converting the Treasury notes which
may be issued under this act, and for no other purpose.
And a further issue, if necessary, for the payment of
the army and navy, and other creditors of the Government,
of $150,000,000, in United States notes, which amount
includes the $100,000,000 authorized by the joint
resolution of Congress, Jan. 17, 1863.
Act of April 12, 1866.
Provided, That of United States notes not more than ten
millions of dollars may be retired and canceled within
six months from the passage of this act, and thereafter
not more than four millions of dollars in any one month:
And provided further, That the act to which this is an
amendment shall continue in full force in all its
provisions, except as modified by this act.
Act of Feb. 25, 1862.
Authorized a temporary loan of $25,000,000, in United
States notes, for not less than thirty days, payable
after ten days’ notice, at 5 per cent. interest per
annum. (This was increased to $100,000,000 by the
following acts.)
Act of March 17, 1862.
Authorized an increase of temporary loans of $25,000,000,
bearing interest at a rate not exceeding 5 per cent. per
annum.
Act of July 11, 1862.
Authorized a further increase of temporary loans of
$50,000,000 making the whole amount authorized
$100,000,000.
Act of June 30, 1864.
Authorized the increase of temporary loans to not
exceeding $150,000,000, at a rate not exceeding 6 per
cent. per annum.
Act of March 3, 1863.
Authorized a loan of $300,000,000 for this and $600,000,000
for the next fiscal year, for which could be issued
bonds running not less than ten, nor more than forty
years, principal and interest payable in coin, bearing
interest at a rate not exceeding 6 per cent. per annum,
payable in bonds not exceeding $100 annually, and on
all others semi-annually, the whole amount of bonds,
Treasury notes, and United States notes issued under
Act of June 30, 1864.
this act not to exceed the sum of 900,000,000. And so
much of this act as limits the to the current fiscal
year is repealed by act of June 30, 1864, which also
repeals the authority to borrow money conferred by
section 1, except so far as it may affect$75,000,000 of
bonds already advertised.
Act of March 3, 1863.
And Treasury notes to the amount of $400,000,000, not
exceeding three years to run, with interest at not over
6 per cent. per annum, principal and interest payable
in lawful money, which may be made a legal-tender for
their face value, excluding interest, or convertible into
United States notes. Secretary may receive gold on
deposit, and issue certificates therefor, in sums not less
than twenty dollars.
Act of March 3, 1864.
Authorizes the issue of bonds not exceeding $200,000,000,
bearing date March 1, 1864, or any subsequent period,
redeemable at the pleasure of the Government after any
period not less than five years, and payable at any
period not more than forty years from date, in coin,
bearing interest not exceeding 6 per cent. yearly,
payable on bonds not over $100 annually, and on all
other bonds semi-annually, in coin.
Act of March 1, 1862.
Act of March 3, 1863.
Authorized an issue of certificates of indebtedness,
payable one year from date, in settlement of audited
claims against the Government. Interest 6 per cent. per
annum, payable in gold; and by
Payable in lawful currency on those issued after that date.
Amount of issue not specified.
Act of July 17, 1862.
Authorized an issue of notes of the fractional parts of
one dollar, receivable in payment of all dues, except
customs, less than five dollars, and exchangeable for
United States notes in sums not less than five dollars.
Amount of issue not specified.
(A) = Rate of interest.
(B) = Price of emission.
Title.
Length of Loan.
When redeemable.
(A)
(B)
Amount authorized.
Amount issued.
Amount outstanding.
Act of March 3, 1863.
Act of April 12, 1866.
Act of Feb. 25, 1862.
March 17, 1862.
July 11, 1862.
Act of
June 30, 1864.
Tempor’y Loan.
Not less than 30 days.
After ten days’ notice.
4, 5, & 6 % per annum.
Par.
$150,000,000
——
$20,225,070 00
Act of March 3, 1863.
Act of June 30 1864.
Loan of 1863.
——
Af’r June 30, 1881.
6 % per annum.
Prem’m
4.13 per cent.
75,000,000
$75,000,000
75,000,000 00
Act of March 3, 1863.
Treasury notes.
2 years
2 years after date.
5 % per annum.
Par.
——
211,000,000
1,123,830 00
1 year.
1 year after date.
5 % per annum.
Par.
400,000,000
Gold certificates
——
On dem’d.
——
Par.
Not specified.
——
19,207,520 00
Act of March 3, 1864.
Ten- forties.
10 or 40 years.
Af’r Feb. 28, 1874.
5 % per annum.
Par.
200,000,000
172,770,100
171,409,350 00
Five- twenties.
5 or 20 lyears.
Aft’r Oct. 31, 1869.
6 % per annum.
Par.
——
——
3,882,500 00
Act of March 3, 1863.
Certifica’s of indebtedness.
1 year.
1 year after date.
6 % per annum.
Par.
Not specified.
——
36,000 00
Act of July 17, 1862.
Postal currency.
——
——
——
Par.
Not specified.
——
5,497,534 93
Acts Authorizing Loans, and Synopsis of same.
Act of March 3, 1863.
Authorized an issue not exceeding $50,000,000, in
fractional currency (in lieu of postage or other stamps),
exchangeable for United States notes in sums not less
than three dollars, and receivable for any dues to the
United States less than five dollars, except duties on
imports. The whole amount issued, including postage
and other stamps issued as currency, not to exceed
$50,000,000. Authority was given to prepare it in the
Treasury Department, under the supervision of the
Secretary.
Act of June 30, 1864.
Authorized an issue in lieu of the issue under acts of
July 17, 1862, and March 3, 1863, the whole amount
outstanding under all these acts not to exceed
$50,000,000.
Act of June 30, 1864.
Authorized an issue of $400,000,000 of bonds, redeemable
at the pleasure of the Government, after any period not
less than five nor more than thirty years, or, if deemed
expedient, made payable at any period nor more than
forty years from date. And said bonds shall bear an
annual interest not exceeding 6 per centum, payable
semi-annually in coin. And the Secretary of the Treasury
may dispose of such bonds, or any part thereof, and of
any bonds commonly known as five-twenties, remaining
unsold, on such terms as he may deem most advisable, for
lawful money of the United States, or, at his discretion,
for Treasury notes, certificates of indebtedness, or
certificates of deposit, issued under any act of Congress.
Act of March 3, 1863.
Act of June 30, 1864.
Authorizes an issue of Treasury notes, not exceeding three
years to run, interest at not over 6 per cent. per annum,
principal and interest payable in lawful money. Also,
authorizes the issue of, and in lieu of, an equal amount
of bonds authorized by the first section, and as a part
of said loan, not exceeding $200,000,000, in Treasury
notes of any denomination not less than ten dollars,
payable at any time not exceeding three years from date,
or, if thought more expedient, redeemable at any time
after three years from date, and bearing interest not
exceeding the rate of 7 3-10 per centum, payable in
lawful money at maturity, or at the discretion of the
Secretary, semi-annually; and such of them as shall be
made payable, principal and interest, at maturity, shall
be a legal-tender to the same extent as United States
notes, for their face value excluding interest, and may
be paid to any creditor of the United States, at their
face value, excluding interest, or to any creditor
willing to receive them at par, including interest; and
any Treasury notes issued under the authority of this
act, may be made convertible, at the discretion of the
Secretary of the Treasury, into any bonds issued under
the authority of this act, and the Secretary may redeem,
and cause to be canceled and destroyed any Treasury
notes or United States notes heretofore issued under
authority of previous acts of Congress, and substitute
in lieu thereof an equal amount of Treasury notes, such
as are authorized by this act, or of other United States
notes; nor shall any Treasury note bearing interest,
issued under this act, be a legal-tender, in payment or
redemption of any notes issued by any bank, banking
association, or banker, calculatedor intended to
circulate as money.
Act of Jan. 28, 1865.
Whole amount may be issued in bonds or Treasury notes, at
the discretion of the Secretary.
Act of March 3, 1865.
Authorized an issue of $600,000,000 in bonds or Treasury
notes; bonds may be made payable at any period not
more than forty years from the date of issue, or may be
made redeemable at the pleasure of the Government, at
or after any period not less than five years nor more
than forty years from date, or may be made redeemable
and payable as aforesaid, as may be expressed upon their
face, and so much thereof as may be issued in Treasury
notes may be made convertible into any bonds authorized
by this act, and be of such denominations, not less than
fifty dollars, and bear such dates, and be made
redeemable or payable at such periods as the Secretary
of the Treasury may deem expedient. The interest on the
bonds payable semi-annually; on Treasury notes
semi-annually, or annually, or at maturity thereof; and
the principal or interest, or both, be made payable in
coin or other lawful money; if in coin, not to exceed 6
per cent. per annum; when not payable in coin, not to
exceed 7 3-10 per cent. per annum. Rate and character
to be expressed on bonds or Treasury notes.
Acts of April 12, 1866.
amendment to act March 3, 1865.
Authorizes the Secretary of the Treasury, at his
discretion, to receive any Treasury notes or other
obligations issued under any act of Congress, whether
bearing interest or not, in exchange for any description
of bonds authorized by the act to which this is an
amendment; and also to dispose of any description of
bonds authorized by said act, either in the United
States or elsewhere, to such an amount, in such manner,
States or elsewhere, to such an amount, in such manner,
and at such rates as he may think advisable, for lawful
money of the United States, or for any Treasury notes,
certificates of indebtedness, or certificates of deposit,
or other representatives of value, which have been or
which maybe issued under any act of Congress, the
proceeds thereof to be used only for retiring Treasury
notes or other obligations issued under any act of
Congress: but nothing herein contained shall be
construed to authorize any increase of the public debt.
Acts of July 1, 1862,
and July 2, 1864.
Bonds issued to the Union Pacific Railroad Company,
in accordance with these acts.
Act of March 2, 1867.
For the purpose of redeeming and retiring any compound
interest notes outstanding, the Secretary of the
Treasury is authorized to issue temporary loan
certificates in the manner prescribed by section four
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, eighteen
hundred and sixty-two, bearing interest at a rate not
exceeding three per centum per annum, principal and
interest payable in lawful money on demand; and said
certificates of temporary loan may constitute and be
held by any national bank holding or owning the same,
as a part of the reserve provided for in sections
thirty-one and thirty-two of the act entitled “An act
to provide a national currency secured by a pledge of
United States bonds, and to provide for the circulation
and redemption thereof,” approved June three, eighteen
hundred and sixty-four: Provided, That not less
than two-fifths of the entire reserve of such bank shall
consist of lawful money of the United States: And
provided further, That the amount of such temporary
certificates at any time outstanding shall not exceed
fifty millions of dollars.
(A) = Rate of interest.
(B) = Price of emission.
Title.
Length of Loan.
When redeemable.
(A)
(B)
Amount authorized.
Amount issued.
Amount outstanding.
Act of March 3, 1865. (Cont’d)
Af’r Aug. 14, 1867.
$488,647,425 00
7.30 Treas. notes, 3 issues.
3 years.
Af’r June 14, 1868.
7.3-10 per cent.
Par.
Af’r July 14, 1868.
$600,000,000
——
Five- twenties.
5 or 20 years.
Aft’r Oct. 31, 1870.
6 % per annum.
Par.
——
——
181,427,250 00
Acts of April 12, 1866.
amendment to act March 3, 1865.
——
——
Af’r June 30, 1870.
6 % per annum.
Par.
——
——
301,880,250 00
Acts of July 1, 1862.
and to act July 2, 1864.
Un. Pacific R. R. Co. bonds.
30 y’rs.
Aft’r Jan. 15, 1895.
6 % per annum.
Par.
——
——
14,762,000 00
Act of March 2, 1867.
——
——
$2,692,199,215 12
STATISTICAL VIEW OF THE STATES, ETC.
Showing dates of acts creating Territories,
and admitting States—Time of holding general elections—Number
of Representatives in Congress—Date of general elections in the
several States, with number of Representatives and Senators—Terms of
office—Times of meeting—Location of capitals, etc.
[U. S. Senators serve 6 years, and each State is entitled to two.]
(Position of Southern States represented as they stood before seceding.)
PLATFORMS OF 1860-1864. — PLATFORM OF THE BRECKINRIDGE PARTY OF 1860. — PLATFORM OF THE DOUGLAS PARTY OF 1860. — THE REPUBLICAN PLATFORM OF 1860. — PLATFORM OF THE NATIONAL CONSTITUTIONAL PARTY OF 1860. — UNION PLATFORM, ADOPTED AT BALTIMORE JUNE 8, 1864. — FREMONT PLATFORM, ADOPTED AT CLEVELAND, MAY 31, 1864.
Resolved, That the platform adopted by the Democratic party at
Cincinnati be affirmed, with the following explanatory resolutions:
1. That the government of a territory organized by an act of Congress
is provisional and temporary, and during its existence all citizens of
the United States have an equal right to settle with their property
in the territory, without their rights, either in person or property,
being destroyed by congressional or territorial legislation.
2. That it is the duty of the Federal Government, in all its
departments, to protect the rights of persons and property in the
territories, and wherever else its constitutional authority extends.
3. That when the settlers in a territory, having an adequate
population, form a State Constitution, the right of sovereignty
commences, and being consummated by their admission into the Union,
they stand on an equality with the people of other States, and a State
thus organized ought to be admitted into the Federal Union, whether its
constitution prohibits or recognizes the institution of slavery.
4. That the Democratic party are in favor of the acquisition of Cuba,
on such terms as shall be honorable to ourselves and just to Spain, at
the earliest practicable moment.
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 an
imperative duty of the government to protect the naturalized citizen in
all his rights, whether at home or in foreign lands, to the same extent
as its native born citizens.
Whereas, One of the greatest necessities
of the age, in a political, commercial, postal, and military point
of view, is a speedy communication between the Pacific and Atlantic
coasts; therefore, be it resolved,
7. 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 by Congress, for the
construction of a railroad to the Pacific Ocean, at the earliest
practicable moment.
Resolved, That we, the Democracy of the Union in Convention
assembled, hereby declare our affirmation of the resolutions
unanimously adopted and declared as a platform of principles by the
Democratic Convention at Cincinnati, in the year 1856, believing that
Democratic principles are unchangeable in their nature when applied
to the same subject matter, and we recommend as our only further
resolutions the following:
That inasmuch as differences of opinion exist in the Democratic party
as to the nature and extent of the powers of a Territorial Legislature,
and as to the powers and duties of Congress, under the Constitution of
the United States, over the institution of slavery in the territories;
Resolved, That the Democratic party will abide by the decision
of the Supreme Court of the United States over the institution of
slavery in the territories.
Resolved, That it is the duty of the United States to afford
ample and complete protection to all its citizens, at home or abroad,
and whether native or foreign born.
Resolved, That one of the necessities of the age, in a military,
commercial, and postal point of view, is a speedy communication between
the Atlantic and Pacific States, and the Democratic party pledge such
constitutional enactment as will insure the construction of a railroad
to the Pacific coast at the earliest practical period.
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.
Resolved, That the enactments of State Legislatures to defeat
the faithful execution of the Fugitive Slave Law are hostile in
character, subversive to the Constitution, and revolutionary in their
effect.
Resolved, That it is in accordance with the Cincinnati Platform,
that during the existence of Territorial Governments, the measure of
restriction, whatever it may be, imposed by the Federal Constitution
on the power of the Territorial Legislature over the subject of the
domestic relations, as the same has been or shall hereafter be decided
by the Supreme Court of the United States, should be respected by all
good citizens, and enforced with promptness and fidelity by every
branch of the General Government.
Resolved, That we, the delegated representatives of the
Republican electors of the United States, in Convention assembled, in
the discharge of the duty we owe to our constituents and our country,
unite in the following resolutions:
1. That the history of the nation during the last four years has
fully established the propriety and necessity of the organization and
perpetuation of the Republican party, and that the causes which called
it into existence are permanent in their nature, and now, more than
ever, demand its peaceful and constitutional triumph.
2. That the maintenance of the principles promulgated in the
Declaration of Independence, and embodied in the Federal Constitution,
that “all men are created equal; that they are endowed by their Creator
with certain inalienable rights, among which are those of life, liberty
and the pursuit of happiness, and that Governments are instituted among
men to secure the enjoyment of these rights, deriving their just power
from the consent of the governed”—are essential to the preservation
of our republican institutions, and that the Federal Constitution, the
rights of the States, and the union of the States, must and shall be
preserved.
3. That to the union of the States this nation owes its unprecedented
increase in population, its surprising developments of material
resources; its rapid augmentation of wealth; its happiness at home and
its honor abroad; and we hold in abhorrence all schemes for disunion,
come from whatever source they may; and we congratulate the country
that no Republican member of Congress has uttered or countenanced
the threats of disunion as often made by the Democratic members of
Congress, without rebuke and with applause from their political
associates; and we denounce those threats of disunion in case of a
popular overthrow of their ascendancy, as denying the vital principles
of a free Government, and as an avowal of contemplated treason which
it is the imperative duty of an indignant people sternly to rebuke and
forever silence.
4. That the maintenance inviolate, of the rights of the States, and
especially of each State, to order and control its own domestic
institutions according to its own judgment exclusively, is essential
to that balance of power on which the perfection and endurance of our
political 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 one of the gravest of crimes.
5. That the present Democratic Administration has far exceeded our
worst apprehensions in the measureless subserviency to the exactions of
a sectional interest, as especially evinced in its desperate exertions
to force the infamous Lecompton Constitution upon the protesting
people of Kansas, construing the relation between master and servant
to involve an unqualified property in persons; in its attempted
enforcement everywhere, on land and sea, through the intervention of
Congress and of the Federal Courts, of the extreme pretensions of a
purely local interest; and in its general and unvarying abuse of the
power entrusted to it by a confiding people.
6. That the people justly view with alarm the reckless extravagance
which pervades every department of the Federal Government. That a
return to right economy and accountability is indispensable to arrest
the plunder of the public treasury by favored partisans, while the
recent startling developments of frauds and corruption at the Federal
metropolis show that an entire change of administration is imperatively
demanded.
7. That the new dogma that the Constitution of its own force carries
slavery into any or all the Territories of the United States, in a
dangerous political heresy, at variance with the explicit provisions
of that instrument itself, with contemporaneous exposition, and with
legislative and judicial precedents, that it is revolutionary in its
tendency and subversive of the peace and harmony of the country.
8. That the nominal condition of all the territory 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, whenever
such legislation is necessary, to maintain this provision of the
Constitution against all attempts to violate it; and we deny the
authority of Congress, or a Territorial Legislature, or of any
individual, 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 national flag, aided by perversions of judicial
power, as a crime against humanity, and a burning shame to our country
and age; and we call upon Congress to take prompt and efficient
measures for the total and final suppression of that execrable traffic.
10. That in the recent vetoes by their Federal Governors of the acts of
the Legislatures of Kansas and Nebraska, prohibiting slavery in these
Territories, we find a practical illustration of the boasted Democratic
principles of non-intervention and Popular Sovereignty, embodied in the
Kansas-Nebraska bill, and a demonstration of the deception and fraud
involved therein.
11. That Kansas should, of right, be immediately 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 imports as to encourage the development of the
industrial interests of the whole country, and we commend that policy
of National Exchange which secures to the working men liberal wages,
agriculture remunerative prices, to merchants and manufacturers an
adequate reward for their skill, labor and enterprise, and to the
nation commercial prosperity and independence.
13. That we protest against any sale or alienation to others of the
public lands held by actual settlers, and against any view of the free
homestead 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 already passed
the House.
14. That the National Republican party is opposed to any change in our
naturalization laws, or any State Legislation, by which the rights of
citizenship hitherto accorded to immigrants from foreign lands shall
be abridged or impaired, and in favor of giving a full and efficient
protection 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 character, is required for the accommodation and security
of an existing commerce, or authorized by the Constitution and
justified by the obligation of the Government to protect the lives and
property of its citizens.
16. That a railroad to the Pacific ocean is imperatively demanded by
the interests of the whole country; and that the Federal Government
ought to render immediate and efficient aid in its construction, and
that preliminary thereto, a daily overland mail should be promptly
established.
17. Finally, having thus set forth our distinctive principles and
views, we invite the co-operation of all citizens, however differing in
other questions, who substantially agree with us, in their affirmance
and support.
The Union, the Constitution and the Laws.
Resolved, That it is the highest duty of every American citizen
to maintain against all its enemies, the integrity of the Union, and
the paramount authority of the Constitution and laws of the United
States, and that, laying all political opinions aside, we pledge
ourselves, 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 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 any terms
of peace, except such as may be based upon an unconditional surrender
of their hostility, &c., and a return 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 possible vigor to the complete suppression of the rebellion,
in full reliance upon the self-sacrifices, the patriotism, the heroic
valor, and the undying devotion of the American people to their country
and its free institutions.
Resolved, That slavery was the cause and now constitutes the
strength of the rebellion, and that as it must be always and everywhere
hostile to the principles of Republican Governments, justice and the
national safety demand its utter and complete extirpation from the
soil of the Republic, and that 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 provisions, as shall terminate and forever prohibit
the existence of slavery within the limits of the jurisdiction of the
United States.
Resolved, That the thanks of the American people are due to the
soldiers and sailors of the army and navy, who have periled their lives
in defence of their country, and in vindication of the honor of the
flag; that the nation owes them some permanent recognition of their
patriotism and their valor, and ample and permanent provision for those
of their survivors who have received disabling and honorable wounds
in the service of their country, and that the memories of those who
have fallen in its defense shall be held in grateful and everlasting
remembrance.
ABRAHAM LINCOLN.
Resolved, That we approve and applaud the political wisdom,
the unselfish patriotism and unswerving fidelity to the Constitution
and the principles of American liberty with which Abraham Lincoln
has discharged, under circumstances 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 the nation, and as within the Constitution, the
measures and acts which he has adopted to defend the nation against its
open and secret foes; especially the Proclamation of Emancipation, and
the employment, as Union soldiers, of men heretofore held in slavery,
and that we have 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.
Resolved, That we deem it essential to the general welfare,
that harmony should prevail in the national councils, and we regard as
worthy of public confidence and official trust those only who cordially
endorse the principle proclaimed in these resolutions, and which should
characterize the administration of the Government.
Resolved, That the Government owes to all men employed in its
armies, without distinction of color, the full protection of the laws
of war, and any violation of these laws and of the usages of civilized
nations in the time of war, by the rebels now in arms, should be made
the subject of full and prompt redress.
Resolved, That the foreign immigration, which in the past has
added so much to the wealth and development of resources and increase
of power to this nation, the asylum of the oppressed of all nations,
should be fostered and encouraged by a liberal and just policy.
Resolved, That we are in favor of the speedy construction of the
railroad to the Pacific.
Resolved, That the national faith is pledged for the redemption
of the public debt and must be kept inviolate; and that for this
purpose we recommend economy and rigid responsibilities in the public
expenditures, and a vigorous and just system of taxation; that it
is the duty of every loyal State to sustain the use of the national
currency.
Resolved, That we approve the position taken by the Government,
that the people of the United States can never regard with indifference
the attempt of 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 independence of this our country, the efforts of
any such power to obtain new footholds for monarchical governments sustained
by a foreign military force in near proximity to the United States.
1. That the Federal Union must be preserved.
2. That the Constitution and laws of the United States must be observed
and obeyed.
3. That the rebellion must be suppressed by the force of arms, and
without compromise.
4. That the rights of Free Speech, Free Press, and the Habeas Corpus
must be held inviolate, save in districts where martial law has been
proclaimed.
5. That the rebellion has destroyed slavery, and the Federal
Constitution should be amended to prohibit its re-establishment.
6. That the right for asylum, except for crime, and subject to law,
is a recognized principle—a principle of American liberty; that any
violation of it must not be overlooked, and must not go unrebuked.
7. That the National policy known as the Monroe doctrine has become a
recognized principle, and that the establishment of an anti-republican
government on this continent by a foreign power can not be tolerated.
8. That the gratitude and support of the nation is due to the faithful
soldiers, and the earnest leaders of the Union army and navy, for their
heroic achievements and valor in defense of our imperiled country and
of civil liberty.
9. That the one term policy for the Presidency adopted by the people
is strengthened by the existing crisis, and shall be maintained by
constitutional amendments.
10. That the constitution shall be so amended that the President and
Vice-President shall be elected by a direct vote of the people.
11. That the reconstruction of the rebellious States belongs to the
people through their representatives in Congress, and not to the
Executive.
12. That the confiscation of the lands of the rebels and their
distribution among the soldiers and actual settlers is a measure of
justice; that integrity and economy are demanded at all times in the
measures of the government, and that now the want of this is criminal.
NATIONAL DEMOCRATIC PLATFORM OF 1864.
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 happiness as a
people, and as a framework of government 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 pretense of military necessity or war power higher than the
Constitution, 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,
humanity, liberty and the public welfare demand that immediate efforts
be made for a cessation of hostilities with a view to an ultimate
convention of the States, or other peaceable means, to the end that at
the earliest practical moment peace may be restored on the basis of the
Federal Union of the States.
Resolved, That the direct interference of the military
authorities of the United States in the recent elections held in
Kentucky, Maryland, Missouri and Delaware was a shameful 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.
Resolved, That the aim and object of the Democratic party is to
preserve the Federal Union and the rights of the States unimpaired,
and they hereby declare that they consider that the administrative
usurpation of extraordinary and dangerous powers not granted by the
Constitution, 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 the 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 disregard of State
rights, the employment of unusual test oaths, and the interference with,
and denial of the right of the people to bear arms in their defense, is
calculated to prevent a restoration of the Union and the perpetuation
of the Government deriving its just powers from the consent of the
governed.
Resolved, That the shameful disregard of the Administration to
its duty in respect to our fellow-citizens who now are, and long have
been, prisoners of war in a suffering condition, deserves the severest
reprobation on the score alike of public policy and common humanity.
Resolved, That the 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 their country, and in the event of its attaining power, they will
receive all the care, protection and regard that the brave soldiers and
sailors of the Republic have so nobly earned.
LIEUTENANT-GENERAL ULYSSES S. GRANT,
Was born at Mount Pleasant, Clermont county, Ohio. It seems that the
only marked traits of character he exhibited in early boyhood were
energy, industry, will. His educational advantages, at this period,
were those of the common, country school—no more.
In the year 1839, at the age of seventeen, he entered the United States
Military Academy at West Point, from which he graduated on the 30th day
of January, 1843. During his stay at this Institution he manifested
that untiring industry, close application and unconquerable will which
distinguished his boyhood, and which have constituted so conspicuous
an element of his military character. It appears, however, that he
was never regarded as a genius; and the grade he sustained on the day
of graduation—that of 21 in a class of about 42—would not indicate
extraordinary advancement in the studies assigned him. But it was
remarked by those who conducted him through his Academic course, as
it has been by those who have observed his military career, that he
never lost an inch of the ground gained at each successive step in
his progress. At his graduation it is said he possessed a “practical
knowledge of the use of the rifled musket, the field piece, mortar,
siege, and sea-coast guns, small sword and bayonet, as well as the
construction of field works, and the fabrication of all munitions and
materiel of war.”
At the close of his Academic course, he entered the United States
regular army as a Brevet Second Lieutenant of infantry. At this time,
the United States being at peace with all nations, Grant was attached
as a Supernumerary Lieutenant to the fourth infantry, then stationed on
the frontier in Missouri and Missouri Territory, and engaged in keeping
down the Indian tribes that at that time were very troublesome to the
early settlers of that region. Here Grant had not been many months when
he was ordered, with his regiment, to join the army of General Taylor,
in Texas. Soon after this, Corpus Christi, an important port on the
Texan shore, was taken possession of by the American army as a base of
operations against the Mexicans, between whom and the United States
disputes respecting certain imaginary boundary lines were fast ripening
into a war; and it was here that Grant received his commission as full
Second Lieutenant of Infantry. This commission dated from the 30th day
of September, 1845. On the 8th day of May, 1846, he participated in the
battle of Palo Alto, and although not noticed in the official reports,
was spoken of by his comrades as having displayed great gallantry. He
was likewise engaged in the subsequent brilliant operations of General
Taylor along the banks of the Rio Grande. On the 23d of September, 1846,
he took part, with great credit to himself, in the splendid affair at
Monterey. It is a noteworthy fact that, although Grant’s conduct in
every one of these engagements was highly meritorious, he remained in
the back ground, claiming no honors or promotions, but quietly biding
his time.
After the formal declaration of war by the United States, against
Mexico, he was transferred to the command of General Scott, and
subsequently (March 29, 1847,) participated in the siege of Vera Cruz.
Immediately after this affair, he was appointed the Quartermaster of
his regiment, which office he retained throughout the Mexican campaign.
He was, however, honored with the appointment, on the field, of First
Lieutenant, to date from the 8th of September, 1847, for gallant and
distinguished voluntary services rendered on that day in the famous
battle of Molino del Ray. Congress afterwards wished to confirm the
appointment as a mere brevet, but Grant refused to accept it under such
circumstances.
On the 13th of September, 1847, he was made Brevet Captain of the
regular army for gallant conduct in the battle of Chepultepec, which
battle occurred on the preceding day. On the 16th of November, 1847, he
was commissioned a First Lieutenant in the fourth regiment of regular
infantry, still retaining his brevet rank of Captain.
At the close of the Mexican war, Grant, upon the distribution of his
regiment in companies and sections among the various Northern frontier
defences, along the borders of the States of Michigan and New York,
took command of his company in one of these defences. His regiment
having been afterwards consolidated and ordered to the Department of
the Pacific, Grant, with his own and some other companies, was sent
into Oregon to Fort Dallas. He received his full promotion to Captain
of infantry, in August, 1853, and was, shortly afterwards, attached to
the Department of the West; but, not regarding military so favorable
to progress as civil life, he resigned his connection with the United
States army on the 31st day of July, 1854, after which he resided near
the city of St. Louis, Missouri, until the year 1859. Here he resided
on a small farm, occupying himself in winter by hauling wood to the
Carondelet market, and during the summer in the collection of debts,
for which latter business, it is said, he had little capacity.
In the year 1859, he embarked in the leather trade with his father,
the firm opening business in the city of Galena, Illinois. Grant
continued in the leather business, driving a prosperous trade, up to
the breaking out of the Rebellion in 1861, when he offered his services
to his country, upon the first call for volunteers, and was appointed
by Governor Yates as Commander-in-Chief of the Illinois forces and
mustering officer of Illinois volunteers. Desiring active service
in the field, he resigned his appointment as mustering officer, and
accepted the Colonelcy of the 21st regiment of Illinois volunteers,
with a commission dating from June 15, 1861. In August, 1861, Colonel
Grant was promoted to the rank of Brigadier General of volunteers, his
commission dating from May 17, 1861.
Shortly after this he was appointed commandant of the post at
Cairo—which post included the Missouri shore of the Mississippi river,
from Cape Girardeau to New Madrid, and the opposite shore, to the point
of land on which Cairo stands. This position Grant filled with great
ability, checkmating, by his adroit maneuvering, the efforts of the
rebels to occupy, permanently, southern Kentucky, and conducting those
successful expeditions against Forts Henry and Donelson, which opened
the way to the occupation of Western Tennessee.
On the 16th of February, 1862, the day after the surrender of Fort
Donelson, he was appointed Major-General of volunteers, and was placed
in command of an expedition up the Tennessee river against the rebels
in and about Corinth, under command of Johnston and Beauregard. This
expedition terminated in the great battle of Shiloh or Pittsburg
Landing—which battle, occupying two days, (April 6th and 7th, 1862,)
was one of the bloodiest of the war, and resulted in the defeat of the
rebels and their retreat upon Corinth.
For the immense slaughter which attended this battle, General Grant was
very severely censured by the people, generally, throughout the Western
States.
Soon after this, General Halleck having assumed command of the army
before Corinth, and that place having fallen into the hands of the
United States forces by evacuation, an important change took place in
the army, which resulted in the assignment of General Grant to the
District of West Tennessee, and the promotion of General Halleck to the
office of General-in-Chief. The former soon after formed the plan of
opening the Mississippi river to its mouth. Memphis having been given
up to our troops, the chief obstacle in the way of the prosecution of
the design were Vicksburg and Port Hudson.
After a series of expeditions and battles, land and naval, in which
the courage and fortitude of the Union troops were no less prominently
exhibited than the superior engineering powers and unyielding
stubbornness of General Grant, Vicksburg was reduced by siege, and was
occupied by Grant on the 4th of July, 1863; and directly after this
(July 8, 1863) followed the surrender of Port Hudson to General N. P.
Banks.
On the 16th of October, 1863, the Departments of the Ohio, of the
Cumberland, and of the Tennessee were formed into the Military Division
of the Mississippi, under the command of General Grant. The
General, however, was not long in this position until, the grade
of Lieutenant-General having been revived, he was promoted to that
office—which office gave him control of the entire forces of the
United States. This appointment was made in February, 1864, and was
immediately followed by the most active, thorough preparations for a
movement upon Richmond by the Army of the Potomac under the personal
command of General Grant, and an expedition against Atlanta under
command of General Sherman. After the battles of the Wilderness,
Spottsylvania Court House and the siege of Petersburg, Lee’s retreat
was cut off by the rapid movements which Grant instituted, and on the
9th of April, just one week after the last great battle, the army of
Northern Virginia capitulated. Soon after the rebel General Johnston
surrendered to General Sherman, on the same terms granted by Grant to
Lee, and the great civil war was ended. Grant was appointed Secretary
of War ad interim, August 12th, 1867, and filled the office with
distinction until January 14, 1868, at which time Secretary Stanton was
reinstated by Congress. On the 21st of May, 1868, he was unanimously
nominated for the Presidential chair by the Republican Convention,
which met at Chicago.
THE TENURE-OF-OFFICE BILL.
(PASSED MARCH 2, 1867.)
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, 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 person who shall
hereafter be appointed to any such office, and shall become duly
qualified to act therein, is, and shall be entitled to hold such office
until a successor shall, in like manner, have been 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-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.
Sec. 2. That when any officer, appointed
as aforesaid, excepting Judges of the United States Courts, shall,
during a recess of the Senate, be shown, by evidence satisfactory to
the President to be guilty of misconduct in office, or crime, or for
any reason shall become incapable or legally disqualified to perform
its duties, in such case, and in no other, the President may suspend
such officer and designate some suitable person to perform temporarily
the duties of such office until the next meeting of the Senate, and
until the case shall be acted upon by the Senate, and such person so
designated, shall take the oaths and give the bonds required by law to
be taken and given by the person duly appointed to fill such office,
and in such case it shall be the 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
actions in the case, and the name of the person so designated to
perform 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 person to such office. But if the Senate shall refuse to concur
in such suspension, such officer so suspended shall forthwith resume
the functions of his office, and the powers of the person 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 in case he
shall become satisfied that such suspension was made on insufficient
grounds shall be authorized at any time before reporting such
suspension to the Senate, as above provided, to revoke such suspension
and reinstate 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 thereafter. And if no
appointment by and with the advice and consent of the Senate shall
be made to such office so vacant or temporarily filled as aforesaid,
during such next session of the Senate, such office shall remain in
abeyance without any salary, fees, or emoluments attached thereto
until the same shall be filled by appointment thereto by and with the
advice and consent of the Senate, and during such time all the powers
and duties belonging to such office shall be exercised by such other
officer as may by law exercise such powers and duties in case of a
vacancy in such office.
Sec. 4. That nothing in this act
contained shall be construed to extend the term of any office, the
duration of which is limited by law.
Sec. 5. That if any person shall,
contrary to the provisions of this act, accept any appointment to, or
employment in, any office, or shall hold or exercise, or attempt to
hold or exercise any such office or employment, he shall be deemed, and
is hereby declared to be guilty of a high misdemeanor, and upon trial
and conviction thereof, he shall be punished therefor by a fine not
exceeding ten thousand dollars, or by imprisonment not exceeding five
years, or both said punishments, in the discretion of the court.
Sec. 6. That every removal, appointment,
or employment made, had, or exercised contrary to the provisions of
this act, and the making, signing, sealing, countersigning, or issuing
of any commission or letter of authority for or in respect to any such
appointment or employment, shall be deemed and are hereby declared to
be high misdemeanors, and upon trial and conviction thereof, every
person guilty thereof shall be punished by a fine not exceeding ten
thousand dollars, or by imprisonment not exceeding five years, or both
said punishments in the discretion of the court: Provided,
That the President shall have power to make out and deliver after
the adjournment of the Senate, commissions for all officers whose
appointments shall have been advised and consented to by the Senate.
Sec. 7. That it shall be the duty
of the Secretary of the Senate, at the close of each session
thereof, to deliver to the Secretary of the Treasury, and to each
of his assistants, and to each of the auditors, and to each of the
comptrollers in the treasury, and to the treasurer and to the register
of the treasury, a full and complete list, duly certified, of all the
persons who shall have been nominated to and rejected by the Senate
during such session, and a like list of all the offices to which
nominations shall have been made and not confirmed and filled at such
session.
Sec. 8. That whenever the President
shall, without the advice and consent of the Senate, designate,
authorize, or employ any person to perform the duties of any office,
he shall forthwith notify the Secretary of the Treasury thereof, and
it shall be the duty of the Secretary of the Treasury thereupon to
communicate such notice to all the proper accounting and disbursing
officers of his department.
Sec. 9. That no money shall be paid or
received from the Treasury, or paid or received from or retained out
of any public moneys or funds of the United States, whether in the
Treasury or not to or by or for the benefit of any person appointed
to or authorized to act in or holding or exercising the duties or
functions of any office contrary to the provisions of this act, nor
shall any claim, account, voucher, order, certificate, warrant, or
other instrument providing for or relating to such payment, receipt,
or retention, be presented, passed, allowed, approved, certified, or
paid by any officer of the United States or by any person exercising
the functions or performing the duties of any office or place of
trust under the United States for or in respect to such office or the
exercising or performing the functions or duties thereof; and every
person who shall violate any of the provisions of this section, shall
be guilty of a high misdemeanor, and upon trial and conviction thereof,
shall be punished therefor by a fine not exceeding ten thousand
dollars, or by imprisonment not exceeding ten years, or both said
punishments in the discretion of the court.
IMPEACHMENT OF PRESIDENT JOHNSON. — THE PROSECUTION. — THE DEFENSE.
The events which led to the impeachment of President Johnson, may be
briefly stated as follows: On the 21st of February, 1868, the President
issued an order to Mr. Stanton, removing him from office as Secretary
of War, and another to General Lorenzo Thomas, Adjutant-General of the
Army, appointing him Secretary of War ad interim, directing the
one to surrender and the other to receive, all the books, papers, and
public property belonging to the War Department. As these orders fill
an important place in the history of the impeachment, we give them
here. The order to Mr. Stanton reads:
“By virtue of the power and authority vested in me as President by the
Constitution and laws of the United States, you are hereby removed from
office as Secretary for the Department of War, and your functions as
such will terminate upon the receipt of this communication. You will
transfer to Brevet Major-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, books, papers, and
other public property now in your custody and charge.”
The order to General Thomas reads:
“The Hon. Edwin M. Stanton having been this day removed from office
as Secretary for the Department of War, you are hereby authorized
and empowered to act as Secretary of War ad interim, and will
immediately enter upon the discharge of the duties pertaining to
that office. Mr. Stanton has been instructed to transfer to you all
the records, books, and other public property now in his custody and
charge.”
These orders having been officially communicated to the Senate, that
body, after an earnest debate, passed the following resolution:
“Resolved by the Senate of the United States, That under the
Constitution and laws of the United States the President has no power
to remove the Secretary of War and designate any other officer to
perform the duties of that office.”
ANDREW JOHNSON.
The President, upon the 24th, sent a message to the Senate, arguing
at length that not only under the Constitution, but also under the
laws as now existing, he had the right of removing Mr. Stanton and
appointing another to fill his place. The point of his argument is:
That by a special proviso in the Tenure-of-Office Bill the various
Secretaries of Departments “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 of the Senate.” The President affirms that Mr. Stanton was
appointed not by him, but by his predecessor, Mr. Lincoln, and held
office only by the sufferance, not the appointment, of the present
Executive; and that therefore his tenure is, by the express reading of
the law excepted from the general provision, that every person duly
appointed to office “by and with the advice and consent of the Senate,”
etc., shall be “entitled to hold office until a successor shall have
been in like manner appointed and duly qualified, except as herein
otherwise provided.” The essential point of the President’s argument,
therefore, is that, as Mr. Stanton was not appointed by him, he had,
under the Tenure-of-Office Bill, the right at any time to remove him;
the same right which his own successor would have, no matter whether
the incumbent had, by sufferance, not by appointment of the existing
Executive, held the office for weeks or even years. “If,” says the
President, “my successor would have the power to remove Mr. Stanton,
after permitting him to remain a period of two weeks, because he was
not appointed by him, I who have tolerated Mr. Stanton for more than
two years, certainly have the same right to remove him, and upon
the same ground, namely, that he was not appointed by me but by my
predecessor.”
In the meantime General Thomas presented himself at the War Department
and demanded to be placed in the position to which he had been assigned
by the President. Mr. Stanton refused to surrender his post, and
ordered General Thomas to proceed to the apartment which belonged to
him as Adjutant-General. This order was not obeyed, and so the two
claimants to the Secretaryship of War held their ground. A sort of
legal by-play then ensued. Mr. Stanton entered a formal complaint
before Judge Carter, Chief Justice of the Supreme Court of the District
of Columbia, charging that General Thomas had illegally exercised
and attempted to exercise the duties of Secretary of War; and had
threatened to “forcibly remove the complainant from the buildings and
apartments of the Secretary of War in the War Department, and forcibly
take possession and control thereof under his pretended appointment
by the President of the United States as Secretary of War ad
interim;” and praying that he might be arrested and held to answer
this charge. General Thomas was accordingly arrested, and held to bail
in the sum of $15,000 to appear before the court on the 24th. Appearing
on that day he was discharged from custody and bail; whereupon he
entered an action against Mr. Stanton for false imprisonment, laying
his damages at $150,000.
On the 22d of February the House Committee on Reconstruction, through
its Chairman, Mr. Stevens, presented a brief report, merely stating
the fact of the attempted removal by the President of Mr. Stanton, and
closing as follows:
“Upon the evidence collected by the Committee, which is hereafter
presented, and in virtue of the powers with which they have been
invested by the House, they are of the opinion that Andrew Johnson,
President of the United States, should be impeached of high crimes and
misdemeanors. They, therefore, recommend to the House the adoption of
the following resolution:
“Resolved, That Andrew Johnson, President of the United States
be impeached of high crimes and misdemeanors.”
After earnest debate, the question on the resolution was adopted, on
the 24th, by a vote of 126 to 47. A committee of two members—Stevens
and Bingham—were to notify the Senate of the action of the House; and
another committee of seven—Boutwell, Stevens, Bingham, Wilson, Logan,
Julian, and Ward—to prepare the articles of impeachment. On the 25th
(February) Mr. Stevens thus announced to the Senate the action which
had been taken by the House:
“In obedience to the order of the House of Representatives we have
appeared before you, and in the name of the House of Representatives
and of all the people of the United States, we do impeach Andrew
Johnson, President of the United States, of high crimes and
misdemeanors in office. And we further inform the Senate that the House
of Representatives will in due time exhibit particular articles of
impeachment against him, to make good the same; and in their name we
demand that the Senate take due order for the appearance of the said
Andrew Johnson to answer to the said impeachment.”
The Senate thereupon, by a unanimous vote, resolved that this message
from the House should be referred to a select Committee of Seven, to be
appointed by the chair, to consider the same and report thereon. This
Committee subsequently made a report laying down the rules of procedure
to be observed on the trial.
On the 29th of February the Committee of the House appointed for that
purpose presented the articles of impeachment which they had drawn up.
These, with slight modification, were accepted on the 2d of March. They
comprise nine articles, eight of which are based upon the action of the
President in ordering the removal of Mr. Stanton, and the appointment
of General Thomas as Secretary of War. The general title to the
impeachment is:
“Articles exhibited by the House of Representatives of the United
States, in the name of themselves and all the people of the United
States, against Andrew Johnson, President of the United States, as
maintenance and support of their impeachment against him for high
crimes and misdemeanors in office.”
Each of the articles commences with a preamble to the effect that the
President, “unmindful of the high duties of his office, of his oath
of office, and of the requirements of the Constitution that he should
take care that the laws be faithfully executed, did unlawfully and in
violation of the laws and Constitution of the United States, perform
the several acts specified in the articles respectively;” closing
with the declaration: “Whereby the said Andrew Johnson, President of
the United States, did then and there commit and was guilty of a high
misdemeanor in office.” The phraseology is somewhat varied. In some
cases the offense charged is designated as a “misdemeanor,” in others
as a “crime.” The whole closes thus:
“And the House of Representatives, by protestation, saving to
themselves the liberty of exhibiting at any time hereafter any further
articles or other accusation or impeachment against the said Andrew
Johnson, President of the United States, and also of replying to his
answers which he shall make to 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 require, do demand that the said
Andrew Johnson may be put to answer the high crimes and misdemeanors
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.”
The following is a summary in brief of the points in the articles of
impeachment, legal and technical phraseology being omitted:
Article 1. Unlawfully ordering the removal of Mr. Stanton
as Secretary of War, in violation of the provisions of the
Tenure-of-Office Act.—Article 2. Unlawfully appointing General
Lorenzo Thomas as Secretary of War ad interim.—Article
3 is substantially the same as Article 2, with the addition
that there was at the time of the appointment of General Thomas no
vacancy in the office of Secretary of War.—Article 4 charges
the President with “conspiring with one Lorenzo Thomas and other
persons, to the House of Representatives unknown,” to prevent, by
intimidation and threats, Mr. Stanton, the legally-appointed Secretary
of War, from holding that office.—Article 5 charges the
President with conspiring with General Thomas and others to hinder
the execution of the Tenure-of-Office Act; and, in pursuance of this
conspiracy, attempting to prevent Mr. Stanton from acting as Secretary
of War.—Article 6 charges that the President conspired with
General Thomas and others to take forcible possession of the property
in the War Department.—Article 7 repeats the charge, in other
terms, that the President conspired with General Thomas and others to
hinder the execution of the Tenure-of-Office Act, and to prevent Mr.
Stanton from executing the office of Secretary of War.—Article
8 again charges the President with conspiring with General
Thomas and others to take possession of the property in the War
Department.—Article 9 charges that the President called before
him General Emory, who was in command of the forces in the Department
of Washington, and declared to him that a law, passed on the 30th of
June, 1867, directing that “all orders and instructions relating to
military 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 not
binding upon General Emory; the intent being to induce General Emory to
violate the law, and to obey orders issued directly from the President.
The foregoing articles of impeachment were adopted on the 2d of March,
the votes upon each slightly varying, the average being 125 ayes to
40 nays. The question then came up of appointment of managers on the
part of the House to conduct the impeachment before the Senate. Upon
this question the Democratic members did not vote; 118 votes were cast,
60 being necessary to a choice. The following was the result, the
number of votes cast for each elected manager being given: Stevens, of
Penn., 105; Butler, of Mass., 108; Bingham, of Ohio, 114; Boutwell,
of Mass., 113; Wilson, of Iowa, 112; Williams, of Penn., 107; Logan,
of Ill., 106. The foregoing seven Representatives were, therefore,
duly chosen as Managers of the Bill of Impeachment. The great body of
the Democratic members of the House entered a formal protest against
the whole course of proceedings involved in the impeachment of the
President. They claimed to represent “directly or in principle more
than one-half of the people of the United States.” This protest was
signed by forty-five Representatives.
On the 3d the Board of Managers presented two additional articles of
impeachment, which were adopted by the House. The first charges, in
substance, that
“The President, unmindful of the high duties of his office and of
the harmony and courtesies which ought to be maintained between the
executive and legislative branches of the Government of the United
States, designing to set aside the rightful authority and powers of
Congress, did attempt to bring into disgrace the Congress of the United
States and the several branches thereof, to impair and destroy the
regard and respect of all the good people of the United States for the
Congress and legislative power thereof, and to excite the odium and
resentment of all the good people of the United States against Congress
and the laws by it enacted; and in pursuance of his said design openly
and publicly, and before divers assemblages 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
afterward, make and deliver with a loud voice certain intemperate,
inflammatory, 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.”
To this article are appended copious extracts from speeches of Mr.
Johnson. The second article is substantially as follows:
GENERAL ULYSSES S. GRANT.
“The President did, on the 18th day of August, 1866, at the City of
Washington, by public speech, declare and affirm in substance that the
Thirty-ninth Congress of the United States was not a Congress of the
United States, authorized by the Constitution to exercise legislative
power under the same, but, on the contrary, was a Congress of only
a part of the States, thereby denying and intending to deny that
the legislation of said Congress was valid or obligatory upon him,
except in so far as he saw fit to approve the same, and did devise
and contrive means by which he might prevent Edwin M. Stanton from
forthwith resuming the functions of the office of Secretary for the
Department of War; and, also, by further unlawfully devising and
contriving means to prevent the execution of an act entitled ’An act
making appropriations for the support of the army for the fiscal year
ending June 30, 1868, and for other purposes,’ approved March 2, 1867;
and also to prevent the execution of an act entitled ‘An act to provide
for the more efficient government of the rebel States,’ passed March 2,
1867, did commit and was guilty of a high misdemeanor in office.”
On the 4th of March the Senate notified the House that they were ready
to receive the Managers of the Impeachment. They appeared, and the
articles were formally read. The Senate had meanwhile adopted the rules
of procedure. Chief Justice Chase sent a communication to the Senate
to the effect that this body, when acting upon an impeachment, was
a Court presided over by the Chief Justice, and that all orders and
rules should be framed by the Court. On the 5th the Court was formally
organized. An exception was taken to the eligibility of Mr. Wade as
a member of the Court, on the ground that he was a party interested,
since, in the event of the impeachment being sustained, he, as
President of the Senate, would become Acting President of the United
States. This objection was withdrawn, and Mr. Wade was sworn as a
member of the Court. On the 7th the summons for the President to appear
was formally served upon him. On the 13th the Court was again formally
reopened. The President appeared by his counsel, Hon. Henry Stanbery,
of Ohio; Hon. Wm. M. Evarts, of New York; Hon. Wm. S. Groesbeck, of
Ohio; Hon. Benjamin R. Curtis, of Massachusetts; Hon. Thomas A. R.
Nelson, of Tennessee, who asked for forty days to prepare an answer
to the indictment. This was refused, and ten days granted; it being
ordered that the proceedings should reopen on the 23d. Upon that day
the President appeared by his counsel, and presented his answer to the
articles of impeachment. This reply was in substance as follows:
The first eight articles in the Bill of Impeachment, as briefly summed
up in our last record, are based upon the action of the President in
ordering the removal of Mr. Stanton, and the temporary appointment
of General Thomas as Secretary of War. The gist of them is contained
in the first article, charging the unlawful removal of Mr. Stanton;
for, this failing, the others would fail also. To this article a
considerable part of the President’s answer is devoted. It is mainly an
amplification of the points put forth in the Message of February 24th,
in which he gave his reasons for his orders. The President cites the
laws by which this department of the administration was created,
and the rules laid down for the duties pertaining to it; prominent
among which are: that the Secretary shall “conduct the business of
the department in such manner as the President of the United States
shall from time to time order and instruct;” and that he should
“hold the office during the pleasure of the President;” and that
Congress had no legal right to deprive the President of the power to
remove the Secretary. He was, however, aware that the design of the
Tenure-of-Office Bill was to vest this power of removal, in certain
cases, jointly in the Executive and the Senate; and that, while
believing this act to be unconstitutional, yet it having been passed
over his veto by the requisite majority of two-thirds, he considered
it to be his duty to ascertain in how far the case of Mr. Stanton
came within the provisions of this law; after consideration, he came
to the conclusion that the case did not come within the prohibitions
of the law, and that, by that law he still had the right of removing
Mr. Stanton; but that, wishing to have the case decided by the
Supreme Court, he, on the 12th of August, issued the order merely
suspending, not removing, Mr. Stanton, a power expressly granted by
the Tenure-of-Office Act, and appointed General Grant Secretary of War
ad interim. The President then recites the subsequent action
in the case of Mr. Stanton; and, as he avers, still believing that he
had the constitutional power to remove him from office, issued the
order of February 21st, for such removal, designing to thus bring the
matter before the Supreme Court. He then proceeds formally to deny that
at this time Mr. Stanton was in lawful possession of the office of
Secretary of War; and that, consequently, the order for his removal was
in violation of the Tenure-of-Office Act; and that it was in violation
of the Constitution or of any law; or that it constituted any official
crime or misdemeanor.
In regard to the seven succeeding articles of impeachment the
President, while admitting the facts of the order appointing General
Thomas as Secretary of War ad interim, denies all and every
of the criminal charges therein set forth. So of the ninth article,
charging an effort to induce General Emory to violate the law, the
President denies all such intent, and calls attention to the fact
that while, for urgent reasons, he signed the bill prescribing that
orders to the army should be issued only through the General, he at the
same time declared it to be, in his judgment, unconstitutional; and
affirms that in his interview with General Emory he said no more than
he had before officially said to Congress—that is, that the law was
unconstitutional.
As to the tenth article, the first of the supplementary ones, the
President, while admitting that he made certain public speeches at the
times and places specified, does not admit that the passages cited are
fair reports of his remarks; denies that he has ever been unmindful of
the courtesies which ought to be maintained between
the executive and
legislative departments; but he claims the perfect right at all times
to express his views as to all public matters.
The reply to the eleventh article, the second supplementary one, is
to the same general purport, denying that he ever affirmed that the
Thirty-ninth Congress was not a valid Congress of the United States,
and its acts obligatory only as they were approved by him; and denying
that he had, as charged in the article, contrived unlawful means for
preventing Mr. Stanton from resuming the functions of Secretary of
War, or for preventing the execution of the act making appropriations
for the support of the army, or that to provide for the more efficient
government of the rebel States. In his answer to this article the
President refers to his reply to the first article, in which he sets
forth at length all the steps, and the reasons therefor, relating to
the removal of Mr. Stanton. In brief, the answer of the President to
the articles of impeachment is a general denial of each and every
criminal act charged in the articles of impeachment.
The counsel for the President then asked for a delay of thirty days
after the replication of the managers of the impeachment should
have been rendered, before the trial should formally proceed. This
was refused, and the managers of the impeachment stated that their
replication would be presented the next day: it was that,
“The Senate will commence the trial of the President upon the articles
of impeachment exhibited against him on Monday, the 30th day of March,
and proceed therein with all dispatch under the rules of the Senate,
sitting upon the trial of an impeachment.”
The replication of the House of Representatives was a simple denial of
each and every averment in the answer of the President, closing thus:
“The House of Representatives ... do say that the said Andrew Johnson,
President of the United States, is guilty of the high crimes and
misdemeanors mentioned in the said articles, and that the said House of
Representatives are ready to prove the same.”
The trial began, as appointed, on March 30. There being twenty-seven
States represented, there were fifty-four Senators, who constituted
the Court, presided over by Chief Justice Salmon P. Chase, of
Ohio. Senators: California, Cole, Conness;
Connecticut, Dixon, Ferry; Delaware, Bayard, Saulsbury;
Indiana, Hendricks, Morton; Illinois, Trumbull,
Yates; Iowa, Grimes, Harlan; Kansas, Pomeroy, Ross;
Kentucky, Davis, McCreery; Maine, Fessenden, Morrill (Lot
M.); Maryland, Johnson, Vickers; Massachusetts, Sumner,
Wilson; Michigan, Chandler, Howard; Minnesota, Norton,
Ramsay; Missouri, Drake, Henderson; Nebraska, Thayer,
Tipton; Nevada, Nye, Stewart; New Hampshire, Cragin,
Patterson (J. W.); New Jersey, Cattell, Frelinghuysen; New
York, Conklin, Morgan; Ohio, Sherman, Wade; Oregon,
Corbett, Williams; Pennsylvania, Buckalew, Cameron; Rhode
Island, Anthony, Sprague; Tennessee, Fowler, Patterson
(David); Vermont, Edmunds, Morrill (J. S.); West
Virginia, Van Winkle, Willey; Wisconsin, Doolittle, Howe.
Managers for the Prosecution: Messrs. Bingham, Boutwell, Butler,
Logan, Stevens, Williams, Wilson.
Counsel for the President: Messrs. Curtis, Evarts, Groesbeck,
Nelson, Stanbery.
The following was the order of procedure: The Senate convened at 11 or
12 o’clock, and was called to order by the president of that body, who,
after prayer, would leave the chair, which was immediately assumed by
the Chief Justice, who wore his official robes. The prosecution was
mainly conducted by Mr. Butler, who examined the witnesses, and, in
conjunction with the others, argued the points of law which came up.
The defense, during the early part of the trial, was mainly conducted
by Mr. Stanbery, who had resigned the office of Attorney-General for
this purpose, but, being taken suddenly ill, Mr. Evarts took his place.
According to the rule at first adopted, the trial was to be opened by
one counsel on each side, and summed up by two on each side; but this
rule was subsequently modified so as to allow as many of the managers and
counsel as chose to sum up, either orally or by filing written arguments.
The whole of the first day (March 30) was occupied by the opening
speech of Mr. Butler. After touching upon the importance of the case,
and the wisdom of the framers of the Constitution in providing for its
possible occurrence, he laid down the following proposition, supporting
it by a copious array of authorities and precedents:
“We define, therefore, an impeachable high crime or misdemeanor to be
one, in its nature or consequences, subversive of some fundamental or
essential principle of government, or highly prejudicial to the public
interest, and this may consist of a violation of the Constitution, of
law, of an official oath, or of duty, by an act committed or omitted,
or, without violating a positive law, by the abuse of discretionary
powers from improper motives, or for any improper purpose.”
He then proceeded to discuss the nature and functions of the tribunal
before which the trial is held. He asked: “Is this proceeding a trial,
as that term is understood, so far as relates to the rights and duties
of a court and jury upon an indictment for crime? Is it not rather
more in the nature of an inquest?” The Constitution, he urged, “seems
to have determined it to be the latter, because, under its provisions,
the right to retain and hold office is the only subject to be finally
adjudicated; all preliminary inquiry being carried on solely to
determine that question, and that alone.” He then proceeded to argue
that this body now sitting to determine the accusation, is the Senate
of the United States, and not a court. This question is of consequence,
he argued, because, in the latter case, it would be bound by the rules
and precedents of common law statutes; the members of the court would
be liable to challenge on many grounds; and the accused might claim
that he could only be convicted when the evidence makes the fact clear
beyond reasonable doubt, instead of by a preponderance of the evidence.
The fact that in this case the Chief Justice presides, it was argued,
does not constitute the Senate thus acting a court; for in all cases of
impeachment, save that of the President, its regular presiding officer
presides. Moreover, the procedures have no analogy to those of an
ordinary court of justice. The accused merely receives a notice of the
case pending against him. He is not required to appear personally, and
the case will go on without his presence. Mr. Butler thus summed up his
position in this regard:
“A constitutional tribunal solely, you are bound by no law, either
statute or common, which may limit your constitutional prerogative. You
consult no precedents save those of the law and custom of parliamentary
bodies. You are a law unto yourselves, bound only by the natural principles
of equity and justice, and that salus populi suprema est lex.”
Mr. Butler then proceeded to consider the articles of impeachment. The
first eight, he says, “set out, in several distinct forms, the acts of
the President in removing Mr. Stanton and appointing General Thomas,
differing, in legal effect, in the purposes for which, and the intent
with which, either or both of the acts were done, and the legal duties
and rights infringed, and the Acts of Congress violated in so doing.”
In respect to all of these articles, Mr. Butler says, referring to his
former definition of what constituted an impeachable high crime:
“All the articles allege these acts to be in contravention of his oath
of office, and in disregard of the duties thereof. If they are so,
however, the President might have the power to do them under the law.
Still, being so done, they are acts of official misconduct, and, as we
have seen, impeachable. The President has the legal power to do many
acts which, if done in disregard of his duty, or for improper purposes,
then the exercise of that power is an official misdemeanor. For
example, he has the power of pardon; if exercised, in a given case, for
a corrupt motive, as for the payment of money, or wantonly pardoning
all criminals, it would be a misdemeanor.”
Mr. Butler affirmed that every fact charged in the first article,
and substantially in the seven following, is admitted in the reply
of the President; and also that the general intent to set aside the
Tenure-of-Office Act is therein admitted and justified. He then
proceeded to discuss the whole question of the power of the President
for removals from office, and especially his claim that this power was
imposed upon the President by the Constitution, and that it could not
be taken from him, or be vested jointly in him and the Senate, partly
or in whole. This, Mr. Butler affirmed, was the real question at issue
before the Senate and the American people. He said:
“Has the President, under the Constitution, the more than royal
prerogative at will to remove from office, or to suspend from office,
all executive officers of the United States, either civil, military
or naval, and to fill the vacancies, without any restraint whatever,
or possibility of restraint, by the Senate or by Congress, through
laws duly enacted? The House of Representatives, in behalf of the
people, join issue by affirming that the exercise of such powers
is a high misdemeanor in office. If the affirmative is maintained
by the respondent, then, so far as the first eight articles are
concerned—unless such corrupt purposes are shown as will of themselves
make the exercise of a legal power a crime—the respondent must go, and
ought to go, quit and free.”
This point as to the legal right of the President to make removals
from office, which constitutes the real burden of the articles of
impeachment, was argued at length. Mr. Butler assumed that the Senate,
by whom, in conjunction with the House, the Tenure-of-Office Act had
been passed over the veto of the President, would maintain the law to
be constitutional. The turning point was whether the special case of
the removal of Mr. Stanton came within the provisions of this law. This
rested upon the proviso of that law, that—
“The Secretaries shall hold their office 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.”
The extended argument upon this point, made by Mr. Butler, was to the
effect that Mr. Stanton having been appointed by Mr. Lincoln, whose
term of office reached to the 4th of March, 1869, that of Mr. Stanton
existed until a month later, unless he was previously removed by
the concurrent action of the President and Senate. The point of the
argument is, that Mr. Johnson is merely serving out the balance of
the term of Mr. Lincoln, cut short by his assassination, so that the
Cabinet officers appointed by Mr. Lincoln held their places, by this
very proviso, during that term and for a month thereafter; for, he
argued, if Mr. Johnson was not merely serving out the balance of Mr.
Lincoln’s term, then he is entitled to the office of President for four
full years, that being the period for which a President is elected. If,
continues the argument, Mr. Stanton’s commission was vacated by the
Tenure-of-Office Act, it ceased on the 4th of April, 1865; or, if the
act had no retroactive effect, still, if Mr. Stanton held office merely
under his commission from Mr. Lincoln, then his functions would have
ceased upon the passage of the bill, March 2, 1867; and, consequently,
Mr. Johnson, in “employing” him after that date as Secretary of War,
was guilty of a high misdemeanor, which would give ground for a new
article of impeachment.
After justifying the course of Mr. Stanton in holding on to the
secretaryship in opposition to the wish of the President, on the
ground that “to desert it now would be to imitate the treachery of
his accidental chief,” Mr. Butler proceeded to discuss the reasons
assigned by the President in his answer to the articles of impeachment
for the attempt to remove Mr. Stanton. These, in substance, were, that
the President believed the Tenure-of-Office Act was unconstitutional,
and, therefore, void and of no effect, and that he had the right to
remove him and appoint another person in his place. Mr. Butler urged
that, in all of these proceedings, the President professed to act
upon the assumption that the act was valid, and that his action was
in accordance with its provisions. He then went on to charge that the
appointment of General Thomas as Secretary of War ad interim,
was a separate violation of law. By the act of February 20, 1863, which
repealed all previous laws inconsistent with it, the President was
authorized, in case of the “death, resignation, absence from the seat
of Government, or sickness of the head of an executive department,”
or in any other case where these officers could not perform their
respective duties, to appoint the head of any other executive
department to fulfill the duties of the office “until a successor be
appointed, or until such absence or disability shall cease.” Now,
urged Mr. Butler, at the time of the appointment of General Thomas as
Secretary of War ad interim, Mr. Stanton “had neither died nor
resigned, was not sick nor absent,” and, consequently, General Thomas,
not being the head of a department, but only of a bureau of one of
them, was not eligible to this appointment, and that, therefore, his
appointment was illegal and void.
The ninth article of impeachment, wherein the President is charged
with endeavoring to induce General Emory to take orders directly from
himself, is dealt with in a rather slight manner. Mr. Butler says, “If
the transaction set forth in this article stood alone, we might well
admit that doubts might arise as to the sufficiency of the proof;” but,
he adds, the surroundings are so pointed and significant as to leave no
doubt in the mind of an impartial man as to the intents and purposes of
the President—these intents being, according to Mr. Butler, “to induce
General Emory to take orders directly from himself, and thus to hinder
the execution of the Civil Tenure Act, and to prevent Mr. Stanton from
holding his office of Secretary of War.”
As to the tenth article of impeachment, based upon various speeches of
the President, Mr. Butler undertook to show that the reports of these
speeches, as given in the article, were substantially correct; and
accepted the issue made thereupon as to whether they are “decent and
becoming the President of the United States, and do not tend to bring
the office into ridicule and disgrace.”
After having commented upon the eleventh and closing article, which
charges the President with having denied the authority of the
Thirty-ninth Congress, except so far as its acts were approved by him,
Mr. Butler summed up the purport of the articles of impeachment in
these words:
“The acts set out in the first eight articles are but the culmination
of a series of wrongs, malfeasances, and usurpations committed by the
respondent, and, therefore, need to be examined in the light of his
precedent and concomitant acts to grasp their scope and design. The
last three articles presented show the perversity and malignity with
which he acted, so that the man as he is known may be clearly spread
upon record, to be seen and known of all men hereafter.... We have
presented the facts in the constitutional manner; we have brought the
criminal to your bar, and demand judgment for his so great crimes.”
The remainder of Monday, and a portion of the following day, were
devoted to the presentation of documentary evidence as to the
proceedings involved in the order for the removal of Mr. Stanton and
the appointment of General Thomas. The prosecution then introduced
witnesses to testify to the interviews between Mr. Stanton and General
Thomas. They then brought forward a witness to show that General Thomas
had avowed his determination to take forcible possession of the War
Office. To this Mr. Stanbery, for the defense, objected. The Chief
Justice decided the testimony to be admissible. Thereupon Senator
Drake took exception to the ruling, on the ground that this question
should be decided by the Senate—not by the presiding officer. The
Chief Justice averred that, in his judgment, it was his duty to decide,
in the first instance, upon any question of evidence, and then, if
any Senator desired, to submit the decision to the Senate. Upon this
objection and appeal arose the first conflict in the Senate as to
the powers of its presiding officer. Mr. Butler argued at length in
favor of the exception. Although, in this case, the decision was in
favor of the prosecution, he objected to the power of the presiding
officer to make it. This point was argued at length by the managers
for the impeachment, who denied the right of the Chief Justice to make
such decision. It was then moved that the Senate retire for private
consultation on this point. There was a tie vote—25 ayes and 25 nays.
The Chief Justice gave his casting vote in favor of the motion for
consultation. The Senate, by a vote of 31 to 19, sustained the Chief
Justice, deciding that “the presiding officer may rule on all questions
of evidence and on incidental questions, which decision will stand as
the judgment of the Senate for decision, or he may, at his option in
the first instance, submit any such question to a vote of the members
of the Senate.” In the further progress of the trial the Chief Justice,
in most important cases, submitted the question directly to the Senate,
without himself giving any decision. Next morning (April 1) Mr. Sumner
offered a resolution to the effect that the Chief Justice, in giving
a casting vote, “acted without authority of the Constitution of the
United States.” This was negatived by a vote of 27 to 21, thus deciding
that the presiding officer had the right to give a casting vote. The
witness (Mr. Burleigh, delegate from Dakotah), who had been called to
prove declarations of General Thomas, was then asked whether, at an
interview between them, General Thomas had said any thing as “to the
means by which he intended to obtain, or was directed by the President
to obtain, possession of the War Department.” To this question Mr.
Stanbery objected, on the ground that any statements made by General
Thomas could not be used as evidence against the President. Messrs.
Butler and Bingham argued that the testimony was admissible, on the
ground that there was, as charged, a conspiracy between the President
and General Thomas, and that the acts of one conspirator were binding
upon the other; and, also, that in these acts General Thomas was the
agent of the President. The Senate, by 39 to 11, decided that the
question was admissible. Mr. Burleigh thereupon testified substantially
that General Thomas informed him that he had been directed by the
President to take possession of the War Department; that he was bound
to obey his superior officer; that, if Mr. Stanton objected, he should
use force, and if he bolted the doors they would be broken down. The
witness was then asked whether he had heard General Thomas make any
statement to the clerks of the War Office, to the effect that, when he
came into control, he would relax or rescind the rules of Mr. Stanton.
To this question objection was made by the counsel of the President on
the ground of irrelevancy. The Chief Justice was of opinion that the
question was not admissible, but, if any Senator demanded, he would
submit to the Senate whether it should be asked. The demand having
been made, the Senate, by a vote of 28 to 22, allowed the question
to be put, whereupon Mr. Burleigh testified that General Thomas, in
his presence, called before him the heads of the divisions, and told
them that the rules laid down by Mr. Stanton were arbitrary, and that
he should relax them—that he should not hold them strictly to their
letters of instruction, but should consider them as gentlemen who would
do their duty—that they could come in or go out when they chose. Mr.
Burleigh further testified that, subsequently, General Thomas had said
to him that the only thing which prevented him from taking possession
of the War Department was his arrest by the United States marshal.
Other witnesses were called to prove the declarations of General
Thomas. Mr. Wilkeson testified that General Thomas said to him that
he should demand possession of the War Department, and, in case Mr.
Stanton should refuse to give it up, he should call upon General Grant
for a sufficient force to enable him to do so, and he did not see how
this could be refused. Mr. Karsener, of Delaware, testified that he saw
General Thomas at the President’s house, told him that Delaware, of
which State General Thomas is a citizen, expected him to stand firm; to
which General Thomas replied that he was standing firm, that he would
not disappoint his friends, but that, in a few days, he would “kick
that fellow out,” meaning, as the witness supposed, Mr. Stanton.
SCHUYLER COLFAX.
Thursday, April 2d.—Various witnesses were introduced to
testify to the occurrences when General Thomas demanded possession of
the War Department. After this General Emory was called to testify
to the transactions which form the ground of the ninth article of
impeachment. His testimony was to the effect that the President, on
the 22d of February, requested him to call; that, upon so doing, the
President asked respecting any changes that had been made in the
disposition of the troops around Washington; that he informed the
President that no important changes had been made, and that none could
be made without an order from General Grant, as provided for in an
order founded upon a law sanctioned by the President. The President
said that this law was unconstitutional. Emory replied that the
President had approved of it, and that it was not the prerogative of
the officers of the army to decide upon the constitutionality of a law,
and in that opinion he was justified by the opinion of eminent counsel,
and thereupon the conversation ended.
The prosecution then endeavored to introduce testimony as to the
appointment of Mr. Edmund Cooper, the Private Secretary of the
President, as Assistant Secretary of the Treasury, in support of the
eighth and eleventh articles of impeachment, which charge the President
with an unlawful attempt to control the disposition of certain public
funds. This testimony, by a vote of 27 to 22, was ruled out.
The prosecution now, in support of the tenth and eleventh articles of
impeachment, charging the President with endeavoring to “set aside
the rightful authority of Congress,” offered a telegraphic dispatch
from the President to Mr. Parsons, at that time (January 17, 1867)
Provisional Governor of Alabama, of which the following is the
essential part:
“I do not believe the people of the whole country will sustain any set
of individuals in the attempt to change the whole character of our
Government by enabling acts in this way, I believe, on the contrary,
that they will eventually uphold all who have patriotism and courage
to stand by the Constitution, and who place their confidence in the
people. There should be no faltering on the part of those who are
honest in their determination to sustain the several coördinate
departments of the Government in accordance with its original design.”
The introduction of this was objected to by the counsel for the
President, but admitted by the Senate, the vote being 27 to 17.
The whole of Friday, and a great part of Saturday, (April 3d and 4th,)
were occupied in the examination of the persons who reported the
various speeches of the President which form the basis of the tenth
article, the result being that the reports were shown to be either
substantially or verbally accurate. Then, after some testimony relating
to the forms in which commissions to office were made out, the managers
announced that the case for the prosecution was substantially closed.
The counsel for the President thereupon asked that three working days
should be granted them to prepare for the defense. This, after some
discussion, was granted by the Senate by a vote of 37 to 9, and the
trial was adjourned to Thursday, April 9th.
The opening speech for the defense, occupying the whole of Thursday,
and a part of Friday, was made by Mr. Curtis. Reserving, for a time, a
rejoinder to Mr. Butler’s argument as to the functions of the Senate
when sitting as a Court of Impeachment, Mr. Curtis proceeded to a
consideration of the articles of impeachment, in their order, his
purpose being “to ascertain, in the first place, what the substantial
allegations in each of them are, what is the legal proof and effect of
these allegations, and what proof is necessary to be adduced in order
to sustain them.” The speech is substantially an elaboration of and
argument for the points embraced in the answer of the President. The
main stress of the argument related to the first article, which, as
stated by Mr. Curtis, when stripped of all technical language, amounts
exactly to these things:
“First. That the order set out in the article for
the removal of Mr. Stanton, if executed, would have been a
violation of the Tenure-of-Office Act.
“Second. That it was a violation of the Tenure-of-Office Act.
“Third. That it was an intentional violation of the
Tenure-of-Office Act.
“Fourth. That it was in violation of the Constitution
of the United States.
“Fifth. That it was intended by the President to be so.
“Or, to draw all these into one sentence, which I hope may be
intelligible and clear enough, I suppose the substance of this first
article is that the order for the removal of Mr. Stanton was, and was
intended to be, a violation of the Constitution of the United States.
These are the allegations which it is necessary for the honorable
managers to make out in order to support that article.”
Mr. Curtis proceeded to argue that the case of Mr. Stanton did not come
within the provisions of the Tenure-of-Office Act, being expressly
excepted by the proviso that Cabinet officers should hold their places
during the term of the President by whom they were appointed, and for
one month thereafter, unless removed by the consent of the Senate. Mr.
Stanton was appointed by Mr. Lincoln, whose term of office came to an
end by his death. He argued at length against the proposition that Mr.
Johnson was merely serving out the remainder of Mr. Lincoln’s term. The
object of this exception, he said, was evident. The Cabinet officers
were to be “the immediate confidential assistants of the President,
for whose acts he was to be responsible, and in whom he was expected
to repose the gravest honor, trust, and confidence; therefore it was
that this act has connected the tenure-of-office of these officers
with that of the President by whom they were appointed.” Mr. Curtis
gave a new interpretation to that clause in the Constitution which
prescribes that the President “may require the opinion, in writing, of
the principal officer in each of the executive departments upon any
subject relating to the duties of their several offices.” He understood
that the word “their” included the President, so that he might call
upon Cabinet officers for advice “relating to the duties of the
office of these principal officers, or relating to the duties of the
President himself.” This, at least, he affirmed, had been the practical
interpretation put upon this clause from the beginning. To confirm his
position as to the intent of the Tenure-of-Office Act in this respect,
Mr. Curtis quoted from speeches made in both houses at the time when
the act was passed. Thus, Senator Sherman said that the act, as passed—
“Would not prevent the present President from removing the Secretary
of War, the Secretary of the Navy, or the Secretary of State; and, if
I supposed that either of these gentlemen was so wanting in manhood,
in honor, as to hold his place after the politest intimation from the
President of the United States that his services were no longer needed,
I certainly, as a Senator, would consent to his removal at any time,
and so would we all.”
Mr. Curtis proceeded to argue that there was really no removal of Mr.
Stanton; he still held his place, and so there was “no case of removal
within the statute, and, therefore, no case of violation by removal.”
But, if the Senate should hold that the order for removal was, in
effect, a removal, then, unless the Tenure-of-Office Act gave Mr.
Stanton a tenure-of-office, this removal would not have been contrary
to the provisions of this act. He proceeded to argue that there was
room for grave doubt whether Mr. Stanton’s case came within the
provisions of the Tenure-of-Office Act, and that the President, upon
due consideration, and having taken the best advice within his power,
considering that it did not, and acting accordingly, did not, even if
he was mistaken, commit an act “so willful and wrong that it can be
justly and properly, and for the purposes of this prosecution, termed a
high misdemeanor.” He argued at length that the view of the President
was the correct one, and that “the Senate had nothing whatever to do
with the removal of Mr. Stanton, whether the Senate was in session or not.”
Mr. Curtis then went on to urge that the President, being sworn to take
care that the laws be faithfully executed, must carry out any law,
even though passed over his veto, except in cases where a law which he
believed to be unconstitutional has cut off a power confided to him,
and in regard to which he alone could make an issue which would bring
the matter before a court, so as to cause “a judicial decision to come
between the two branches of the Government, to see which of them is
right.” This, said he, is what the President has done. This argument,
in effect, was an answer to the first eight articles of impeachment.
The ninth article, charging the President with endeavoring to induce
General Emory to violate the law by receiving orders directly from him,
was very briefly touched upon, it being maintained that, as shown by
the evidence, “the reason why the President sent for General Emory was
not that he might endeavor to seduce that distinguished officer from
his allegiance to the laws and Constitution of his country, but because
he wished to obtain information about military movements which might
require his personal attention.”
As to the tenth article, based upon the President’s speeches, it was
averred that they were in no way in violation of the Constitution, or
of any law existing at the time when they were made, and were not,
therefore, impeachable offenses.
The reply to the eleventh article was very brief. The managers had
“compounded it of the materials which they had previously worked up
into others,” and it “contained nothing new that needed notice.” Mr.
Curtis concluded his speech by saying that—
“This trial is and will be the most conspicuous instance that has ever
been, or even can be expected to be found, of American justice or of
American injustice; of that justice which is the great policy of all
civilized States; of that injustice which is certain to be condemned,
which makes even the wisest man mad, and which, in the fixed and
unalterable order of God’s providence, is sure to return and plague the
inventor.”
At the close of this opening speech for the defense, General Lorenzo
Thomas was brought forward as a witness. His testimony, elicited upon
examination and cross-examination, was to the effect that, having
received the order appointing him Secretary of War ad interim,
he presented it to Mr. Stanton, who asked, “Do you wish me to vacate
the office at once, or will you give me time to get my private property
together?” to which Thomas replied, “Act your pleasure.” Afterward
Stanton said, “I don’t know whether I will obey your instructions.”
Subsequently Thomas said that he should issue orders as Secretary of
War. Stanton said he should not do so, and afterward gave him a written
direction, not to issue any order except as Adjutant-General. During
the examination of General Thomas a question came up which, in many
ways, recurred upon the trial. He was asked to tell what occurred at
an interview between himself and the President. Objection was made by
Mr. Butler, and the point was argued. The question was submitted to the
Senate, which decided, by a vote of 42 to 10, that it was admissible.
The testimony of General Thomas, from this point, took a wide range,
and, being mainly given in response to questions of counsel, was,
apparently, somewhat contradictory. The substance was that he was
recognized by the President as Secretary of War; that, since the
impeachment, he had acted as such only in attending Cabinet meetings,
but had given no orders; that, when he reported to the President that
Mr. Stanton would not vacate the War Department, the President directed
him to “take possession of the office;” that, without orders from the
President, he had intended to do this by force, if necessary; that,
finding that this course might involve bloodshed, he had abandoned this
purpose, but that, after this, he had, in several cases, affirmed his
purpose to do so, but that these declarations were “merely boast and
brag.” On the following day General Thomas was recalled as a witness,
to enable him to correct certain points in his testimony. The first
was the date of an unimportant transaction; he had given it as taking
place on the 21st of February, whereas it should have been the 22d. The
second was that the words of the President were that he should “take
charge,” not “take possession” of the War Department. In explanation of
the fact that he had repeatedly sworn to the words “take possession,”
he said that these were “put into his mouth.” Finally, General Thomas,
in reply to a direct question from Mr. Butler, said that his testimony
on these points was “all wrong.”
Lieutenant-General Sherman was then called as a witness. After some
unimportant questions, he was asked in reference to an interview
between himself and the President which took place on the 14th of
January: “At that interview what conversation took place between
the President and you in reference to the removal of Mr. Stanton?”
To this question objection was made by Mr. Butler, and the point
was elaborately argued. The Chief Justice decided that the question
was admissible within the vote of the Senate of the previous day;
the question then was as to the admissibility of evidence as to a
conversation between the President and General Thomas; the present
question was as to a conversation between the President and General
Sherman. “Both questions,” said the Chief Justice, “are asked for the
purpose of procuring the intent of the President in the attempt to
remove Mr. Stanton.” The question being submitted to the Senate, it
was decided, by a vote of 28 to 23, that it should not be admitted.
The examination of General Sherman was continued, the question of the
conversation aforesaid being frequently brought forward, and as often
ruled out by the Senate. The only important fact elicited was that
the President had twice, on the 25th and 30th of January, tendered to
General Sherman the office of Secretary of War ad interim.
On Monday, April 13th, after transactions of minor importance,
the general matter of the conversations between the President and
General Sherman again came up, upon a question propounded by Senator
Johnson—“When the President tendered to you the office of Secretary of
War ad interim, did he, at the very time of making such tender,
state to you what his purpose in so doing was?” This was admitted by
the Senate, by a vote of 26 to 22. Senator Johnson then added to his
question, “If he did, what did he state his purpose was?” This was
admitted, by a vote of 25 to 26. The testimony of General Sherman,
relating to several interviews, was to the effect that the President
said that the relations between himself and Mr. Stanton were such
that he could not execute the office of President without making
provision to appoint a Secretary of War ad interim, and he
offered that office to him (General Sherman), but did not state that
his purpose was to bring the matter directly into the courts. Sherman
said that, if Mr. Stanton would retire, he might, although against
his own wishes, undertake to administer the office ad interim,
but asked what would be done in case Mr. Stanton would not yield. To
this the President replied, “He will make no opposition; you present
the order, and he will retire. I know him better than you do; he is
cowardly.” General Sherman asked time for reflection, and then gave a
written answer, declining to accept the appointment, but stated that
his reasons were mostly of a personal nature.
On the 14th the Senate adjourned, on account of the sudden illness
of Mr. Stanbery. It re-assembled on the 15th, but the proceedings
touched wholly upon formal points of procedure and the introduction of
unimportant documentary evidence. On the 16th Mr. Sumner moved that all
evidence not trivial or obviously irrelevant shall be admitted, the
Senate to judge of its value. This was negatived by a vote of 23 to 11.
The 17th was mainly taken up by testimony as to the reliability of
the reports of the President’s speeches. Mr. Welles, Secretary of the
Navy, was then called to testify to certain proceedings in Cabinet
Council at the time of the appointment of General Thomas. This was
objected to. The Chief Justice decided that it was admissible, and
his decision was sustained by a vote of 26 to 23. The defense then
endeavored to introduce several members of the Cabinet, to show that,
at meetings previous to the removal of Mr. Stanton, it was considered
whether it was not desirable to obtain a judicial determination of the
unconstitutionality of the Tenure-of-Office Act. This question was
raised in several shapes, and its admission, after thorough argument
on both sides, as often refused, in the last instance by a decisive
vote of 30 to 19. The defense considered this testimony of the utmost
importance, as going to show that the President had acted upon the
counsel of his constitutional advisers, while the prosecution claimed
that he could not plead in justification of a violation of the law
that he had been advised by his cabinet, or any one else, that the law
was unconstitutional. His duty was to execute the laws, and, if he
failed to do this, or violated them, he did so at his own risk of the
consequences. With the refusal of this testimony, the case, except the
final summings up and the verdict of the Senate, was virtually closed.
The case had been so fully set forth in the opening speeches of Messrs.
Butler and Curtis, and in the arguments which came up upon points of
testimony, that there remained little for the other counsel except to
restate what had before been said.
After the evidence had been closed the case was summed up, on the part
of the managers by Messrs. Boutwell, Williams, Stevens, and Bingham in
oral arguments, and Mr. Logan, who filed a written argument, and on
the part of the President by Messrs. Nelson, Groesbeck, Stanbery, and
Evarts. Many of these speeches were distinguished by great brilliancy
and power, but, as no new points were presented, we omit any summary.
The Court decided to take a vote upon the articles on Tuesday, the 12th
of May, at 12 o’clock, M. A secret session was held on Monday, during
which several Senators made short speeches, giving the grounds upon
which they expected to cast their votes. On Tuesday the Court agreed
to postpone the vote until Saturday, the 16th. Upon that day, at 12
o’clock, a vote was taken upon the eleventh article, it having been
determined to vote on that article first. The vote resulted in 35 votes
for conviction, and 19 for acquittal.
The question being put to each Senator, “How say you, is the
respondent, Andrew Johnson, President of the United States, guilty or
not guilty of a high misdemeanor as charged in the article?”—those who
responded guilty were Senators Anthony, Cameron, Cattell, Chandler,
Cole, Conkling, Conness, Corbett, Cragin, Drake, Edmunds, Ferry,
Frelinghuysen, Harlan, Howard, Howe, Morgan, Morrill, of Vermont,
Morrill, of Maine, O. P. Morton, Nye, Patterson, N. H. Pomeroy, Ramsey,
Sherman, Sprague, Stewart, Sumner, Thayer, Tipton, Wade, Willey,
Williams, Wilson, and Yates.
Those who responded not guilty were Senators Bayard, Buckalew, Davis,
Dixon, Doolittle, Fessenden, Fowler, Grimes, Henderson, Hendricks,
Johnson, M’Creery, Norton, Patterson, of Tennessee, Ross, Saulsbury,
Trumbull, Van Winkle, and Vickers.
The Constitution requiring a vote of two-thirds to convict, the
President was acquitted on this article. After taking this vote the
Court adjourned until Tuesday, May 26th, when votes were taken upon the
second and third articles, with precisely the same result as on the
eleventh, the vote in each case standing 35 for conviction and 19 for
acquittal. A verdict of acquittal on the second, third, and eleventh
articles was then ordered to be entered on the record, and, without
voting on the other articles, the Court adjourned sine die. So
the trial was ended, and the President acquitted.
THE CHICAGO PLATFORM, 1868.
The following is the platform as adopted:
“The National Republican Party of the United States, assembled in
National Convention, in the city of Chicago, on the 20th day of May,
1868, 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 constitutions and to prevent the people of
such States from being remitted to a state of anarchy.
“2. The guarantee by Congress of equal suffrage to all loyal men at
the South was demanded by every consideration of public safety, of
gratitude, 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.
“3. We denounce all forms of repudiation as a national crime, and the
national honor requires the payment of the public indebtedness in
the utmost good faith to all creditors at home and abroad, not only
according to the letter but the spirit of the laws under which it was
contracted.
“4. It is due to the labor of the nation that taxation should be
equalized and reduced as rapidly as the national faith will permit.
“5. The national debt, contracted, as it has been, for the preservation
of the Union for all time to come, should be extended over a fair
period for redemption; and it is the duty of Congress to reduce the
rate of interest thereon whenever it can be honestly done.
“6. That the best policy to diminish our burden of debt is to so
improve our credit that capitalists will seek to loan us money at lower
rates of interest than we now pay, and must continue to pay, so long
as repudiation, partial or total, open or covert, is threatened or
suspected.
“7. The Government of the United States should be administered with the
strictest economy, and the corruptions which have been so shamefully
nursed and fostered by Andrew Johnson call
loudly for radical reform.
“8. We professedly deplore the untimely and tragic death of
Abraham Lincoln, and regret the accession of
Andrew Johnson to the Presidency, who has
acted treacherously to the people who elected him, and the cause he
was pledged to support—who has usurped high legislative and judicial
functions—who has refused to execute the laws—who has used his high
office to induce other officers to ignore and violate the laws—who has
employed his executive powers to render insecure the property, the
peace, liberty, and life of the citizen—who has abused the
pardoning power—who has denounced the National Legislature as
unconstitutional—persistently and corruptly resisted, by every measure
in his power, every proper attempt at the reconstruction of the States
lately in rebellion—who has perverted the public patronage into an
engine of wholesale corruption, and who has been justly impeached for
high crimes and misdemeanors, and properly pronounced guilty thereof by
the vote of thirty-five Senators.
“9. The doctrine of Great Britain and other European Powers, that
because a man is once a subject he is always so, must be resisted at
every hazard by the United States as a relic of the feudal times, not
authorized by the law of nations, and at war with our national honor
and independence. Naturalized citizens are entitled to be protected in
all their rights of citizenship as though they were native born; and
no citizen of the United States, native or naturalized, must be liable
to arrest and imprisonment by any foreign power for acts done or words
spoken in this country; and if so arrested and imprisoned it is the
duty of the Government to interfere in his behalf.
“10. Of all who were faithful in the trials of the late war there were
none entitled to more especial honor than the brave soldiers and seamen
who endured the hardships of campaign and cruise, and imperiled their
lives in the service of the country. The bounties and pensions provided
by the laws for these brave defenders of the nation are obligations
never to be forgotten. The widows and orphans of the gallant dead are
the wards of the people, a sacred legacy bequeathed to the nation’s
protecting care.
“11. Foreign emigration, which in the past has added so much to the
wealth, development, and resources, and increase of power to this
nation, the asylum of the oppressed of all nations, should be fostered
and encouraged by a liberal and just policy.
“12. This Convention declares itself in sympathy with all the oppressed
people which are struggling for their rights.”
The following resolutions were also adopted unanimously, and are added
to the declaration of principles:
“Resolved, That we highly commend the spirit of magnanimity
and forgiveness with which the men who have served in the rebellion,
but now frankly and honestly coöperate with us in restoring the peace
of the country and reconstructing the Southern State governments upon
the basis of impartial justice and equal rights, are received back
into the communion of the loyal people. And we favor the removal of
the disqualifications and restrictions placed upon the late rebels in
the same measure as the spirit of loyalty will direct, and as may be
consistent with the safety of the loyal people.
“Resolved, That we recognize the great principles laid down in
the immortal Declaration of Independence as the true foundation of
Democratic government: and we hail with gladness every effort toward
making these principles a living reality on every inch of American soil.”
THE HON. SCHUYLER COLFAX.
Schuyler Colfax, the popular candidate of the National Union Republican
party for the office of Vice-President, is a native of New York City.
He was born in North Moore Street, March 23, 1823, his father having
died but a short time previous. With but limited means, his widowed
mother could afford to keep him at school but a short time, and, at
the age of ten, he was placed in a mercantile establishment, where
he remained for three years, contributing materially from his small
salary to the support of both himself and mother. In 1836, he and his
mother, in company with others, left their home in this city, and
settled in St. Joseph County, Indiana. Shortly after his arrival in the
West he was appointed Deputy County Auditor for St. Joseph County, and
employed his leisure hours in the study of State law, in which he is
said soon to have become an acknowledged expounder. He read law pretty
thoroughly during these leisure hours, but not with a view to adopting
it as a profession. He had but little idea of what great benefit the
information he was then gaining would prove to him in after years. In
1845, he started a weekly journal at South Bend, the county seat of
St. Joseph County, called the St. Joseph Valley Register, becoming
its sole proprietor and editor. Mr. Lanman, in his Dictionary of
Congress, says “he was bred a printer.” He never was apprenticed to the
printing business, and knew nothing of the practical part of the “art
preservative of all arts” until after he had commenced the publication
of the Register. With his ready tact and quick perception, however, and
great anxiety to economize, for his means were yet very limited, he
soon mastered the art sufficiently to “help out of the drag,” but he
never attained to any great proficiency in the business, his editorial
labors, the business of the office, and other duties soon claiming his
entire attention. The Register prospered, and soon became a source
of profit to its proprietor. It was ably edited, and was a model of
courtesy and dignity. Every paragraph, however small, seemed to have
passed under the supervision of and to reflect the mind and elevated
thoughts of its editor. He continued his connection with this paper
until three or four years ago, writing a regular weekly letter for its
columns during his first two terms in Congress. It was during the early
days of the Register that Mr. Colfax was laying the foundation for the
reputation he has since attained as a debater. A debating club was
formed, which held regular weekly meetings during the winter season,
and it was a rare occurrence, indeed, to find Mr. Colfax absent from
one of these stated gatherings. Politics, the temperance reform, and
other subjects were often as ably debated in this society as kindred
questions are in many deliberate bodies of much greater pretensions
of the present day. The Hon. John D. Defrees, now Superintendent of
Government Printing, and for many years editor and proprietor of
the Indianapolis Journal, to which Mr. Colfax was also attached as
Senate reporter for some time after he commenced the publication of
the Register, was also a participant in these debates. They were
both Whigs, both ardent and sincere advocates of and believers in
the temperance reform, and were, consequently, seldom pitted against
each other in these debates. The attachment formed at this early day
between those gentlemen still continues with unabated fervor. In 1848,
Mr. Colfax was chosen as a delegate, and elected as secretary of the
convention which nominated General Taylor for the Presidency. In
1850, he represented St. Joseph County in the convention which framed
the present Constitution of Indiana. In this convention he opposed,
with all his ability, the adoption of the clause prohibiting free
colored men from settling in the State. His opposition to this measure
was the cause of his defeat the following year, when nominated for
Congress in opposition to Dr. Fitch. But, with all the ability, tact,
and shrewdness of this old political wireworker, he only distanced
his young competitor two hundred votes in a district which had been
strongly democratic for years. In 1852, he was again a delegate to
the Whig National Convention. He took an active part in the campaign
which followed, speaking often, and writing much. In 1854, he was
re-nominated, and elected to Congress, and was, consequently, more
active than ever before. His experience as a debater, and familiarity
with State and National politics, rendered him an overmatch for his
opponents, whom he was always anxious to meet in an open and fair
discussion before the people, where he was always certain of a victory.
In 1856, he was again nominated for Congress, and reëlected by a
handsome majority. His entrance into Congress was in the midst of the
great struggle over the Lecompton Constitution. A writer says of his
maiden speech in the House: “His first speech in Congress went forth
to repel the tide of terror which was sweeping over struggling Kansas,
and clearly showed that even then he was one of the best debaters in
the lower House.” Over 500,000 copies of this speech were printed and
circulated—a compliment, perhaps, never before received by any member
of Congress. He was first chosen Speaker of the Thirty-eighth Congress,
by a vote of 101 to 81. He has been thrice elected to the same
position, each time by an increased majority. He was appointed chairman
of the Committee on Post-offices and Post-roads, on the organization
of the Thirty-seventh Congress, and did much to extend mail facilities
throughout the West. He was one of the first advocates, and is still
one of the warmest friends of the Pacific Railroad. Indeed, he takes a
warm interest in any movement looking to the development of the
boundless resources of the great West. It was, doubtless, the interest
he feels in this section of the country which induced him to take his
celebrated trip “Across the Continent.” His trip was a perilous one,
but his welcome at “the other end of the line” was so spontaneous,
truly genuine, and heart-felt that it more than repaid him for all the
dangers and hardships he passed through. This trip prepared him for
one of the most entertaining lectures ever delivered in this country.
It has been listened to with rapt attention by the people of almost
every city in the North. Pecuniarily, however, it has profited him
but little, for, with that liberality which has ever been a marked
trait in his character, the entire proceeds of a lecture have as often
been donated to some charitable object as they have found their way
into his own pocket. He has now served, in succession, fourteen years
in the House. He was urged, but he declined to accept a seat in the
United States Senate, preferring his presiding chair in the House. As a
presiding officer, he is the most popular the House has had since Henry
Clay. A writer in Putnam’s Magazine truly observes that Mr. Colfax “Has
no eccentricities, but great tact. His talents are administrative and
executive rather than deliberative. He would make good appointments,
and adopt sure policies. He would make a better President or Speaker of
the House than Senator. He knows men well, estimates them correctly,
treats them all fairly and candidly. No man will get through his
business with you in fewer minutes, and yet none is more free from the
horrid brusqueness of busy men. There are heart and kindness in
Mr. Colfax’s politeness. Men leave his presence with the impression
that he is at once an able, honest, and kind man. Political opponents
like him personally, as well as his political friends. We have never
heard that he has any enemies. The breath of slander has been silent
toward his fair, spotless fame. The wife of his youth, after being
for a long time an invalid, sank to her final rest several years ago,
leaving him childless. His mother and sister preside at his receptions,
which for many years have been, not the most brilliant, but the most
popular of any given at the Capital. Socially, Mr. Colfax is frank,
lively, jolly. The everlasting I-hood and us-ness of great men are
forgotten in his presence. His manners are not quite so familiar as
those of Lincoln, but nearly so. They are gentle, natural, graceful,
with a bird-like or business-like quickness of thought and motion. But
they are very far from the high and mighty style of Sumner, or the
judicial coldness of Fessenden, Sherman, and Trumbull. Though manly,
they are genial and winning. American mothers believe in Schuyler
Colfax. There are more babies named for him than for any public man
since Clay.” The intimacy and confidential relations of Mr. Colfax with
Mr. Lincoln are well known. They labored hand in hand as brothers in
the cause of the Union, holding frequent and protracted interviews
on all subjects looking to the overthrow of the rebellion, for there
were no divisions between the executive and legislative branches of
the Government then as there are now. During the darkest hours of that
bloody drama which shall ever remain a reproach upon the people of one
section of the nation, they were ever cheerful and hopeful. Confident
in the justness of the war waged for the preservation of the Union, and
placing a Christian reliance in that Providence which guides and shapes
the destiny of nations, great reverses, which caused others to fear and
tremble, at times, almost to despair, seemed only to inspire them with
greater zeal, and a firmer belief in the ultimate triumph of our cause.
Mr. Colfax is rather under the medium height, with a form firmly and
compactly molded. His hair is brown, now slightly sprinkled with gray;
eyes blue; forehead high and arching, indicating great perceptive
faculties, and deep veneration. His face is open and frank, and as
yet unmarked by age. He possesses great vitality, and can endure an
extraordinary amount of labor with but little fatigue. This, coupled
with his temperate habits, has caused him to wear his age so well that
but few persons would place him even at forty. He is yet in the prime
and vigor of manhood, with all his cares and responsibilities, as
buoyant as most people at thirty.
DEMOCRATIC PLATFORM.
The Democratic party, in National Convention assembled, reposing its
trust in the intelligence, patriotism, and discriminating justice
of the people, standing upon the Constitution as the foundation and
limitation of the powers of the Government and the guarantee of the
liberties of the citizen, and recognizing the questions of slavery and
secession as having been settled for all time to come by the war or the
voluntary action of the Southern States in Constitutional Conventions
assembled, and never to be revived or re-agitated, do, with the return
of peace, demand:
1. The immediate restoration of all the States to their rights in the
Union under the Constitution of the civil Government and the American people.
2. Amnesty for all past political offenses; the regulation of the
elective franchise in the States by their citizens.
3. Payment of the public debt of the United States as rapidly as
practicable, all money drawn from the people by taxation, except so
much as is requisite for the necessities of the Government economically
administered being honestly applied to such payment, and where the
obligations of the Government do not expressly state upon their face or
the law under which they were issued does not provide that they shall
be paid in coin they ought, in right and in justice, to be paid in the
lawful money of the United States.
4. Equal taxation of every species of property according to the value;
reducing Government bonds and other public securities.
5. One currency for the Government and the people, the laborer and
the office-holder, pensioner and the soldier, the producer and the
bondholder.
6. Economy in the administration of the Government; the reduction of
the standing army and navy; the abolition of the Freedmen’s Bureau, and
all political instrumentalities designed to secure negro supremacy;
simplification of the system and discontinuance of inquisitorial
modes of assessing and collecting internal revenue, that the burden
of taxation may be equalized and lessened, and the credit of the
Government and the currency made good; the repeal of all enactments for
enrolling the State militia into a national force in time of peace;
and a tariff for revenue upon foreign imports and such equal taxation
under the internal revenue laws as will afford incidental protection to
domestic manufactures as well, without impairing the revenue, impose
the least burden upon and best promote and encourage the great
industrial interests of the country.
7. Reform of abuses in the Administration; the expulsion of corrupt
men from office; the abrogation of useless offices; the restoration
of the rightful authority to and the independence of the Executive
and Judicial Departments of the Government; the subordination of the
military to the civil power, to the end that the usurpation of Congress
and the despotism of the sword may cease.
8. Equal rights and protection for naturalized and native born
citizens at home and abroad; the assertion of American nationality,
which will command the respect of foreign powers, furnish an example
and encouragement to people struggling for national integrity,
constitutional liberty, and individual rights; and the maintenance of
the rights of naturalized citizens against the absolute doctrine of
immutable allegiance and the claims of foreign powers to punish them
for alleged crimes committed beyond their jurisdiction. In demanding
these measures and reforms, we arraign the radical party for its
disregard of right and the unparalleled oppression and tyranny which
have marked its career, after the most solemn and unanimous pledge
of both houses of Congress to prosecute the war exclusively for the
maintenance of the Government and the preservation of the Union under
the Constitution. It has repeatedly violated that most sacred pledge
under which was rallied that noble volunteer army which carried our
flag to victory. Instead of restoring the Union it has, so far as it is
in its power, dissolved it, and subjected ten States in time of peace
to military despotism and negro supremacy. It has nullified there the
right of trial by jury; it has abolished the writ of habeas corpus,
that most sacred writ of liberty; it has overthrown the freedom of
speech and of the press; it has substituted arbitrary seizures and
arrests, military trials, secret star chambers and inquisitions for
constitutional tribunals; it has disregarded, in time of peace, the
right of the people to be free from search and seizure; it has entered
the post-office and telegraph office, and even the private rooms
of individuals and seized there their private papers and letters,
without any specification or notice of affidavit, as required by the
organic law. It has converted the American Capitol into a bastile;
it has established a system of spies and official espionage to which
the constitutional monarchies of Europe never dare to resort. It has
abolished the right of appeal on important constitutional questions to
the supreme judicial tribunals, and threatens to curtail or destroy its
original jurisdiction, which is irrevocably vested by the Constitution;
while the learned Chief Justice has been subjected to the most
atrocious calumnies merely because he would not prostitute his high
office to the support of the false and partisan charges against the
President. Its corruption and extravagance have exceeded any thing known
in history, and by its frauds and monopolies it has nearly doubled
the burden of the debt created during the war. It has stripped the
President of his Constitutional power of appointment even of his own
Cabinet. Under its repeated assaults the pillars of the Government are
rocking to their base; and should it succeed in November next, and
inaugurate its President, we will meet as a subjected and conquered
people amid the ruins of liberty and the scattered fragments of the
Constitution; and we do declare and resolve that ever since the people
of the United States threw off all subjection to the British crown,
the privilege and trust of suffrage have belonged to the several
States, and have been granted, regulated, and controlled exclusively
by the political power of each State respectively, and any attempt by
Congress, on any pretext whatever, to deprive any State of this right,
or interfere with this exercise, is a flagrant usurpation of power
which can find no warrant in the Constitution, and if sanctioned by
the people will subvert our form of Government, and can only end in a
single, centralized and consolidated Government, in which the separate
existence of the States will be entirely absorbed, and an unqualified
despotism then be established in place of a Federal Union of coequal
States, and that we regard the reconstruction acts so-called of
Congress such usurpations and unconstitutional, revolutionary and void:
that our soldiers and sailors who carried the flag of our country
to victory against a most gallant and determined foe must ever be
gratefully remembered, and all the guarantees given in their favor must
be faithfully carried into execution; that the public lands should be
distributed widely among the people and should be disposed of either
under the preëmption of the homestead lands and sold in reasonable
quantities, and to none but actual occupants, at the price established
by the Government. When the grants of the public lands may be allowed
necessary for the encouragement of important public improvements, the
proceeds of the sale of such lands, and not the lands themselves,
should be so applied; that the President of the United States, Andrew
Johnson, exercising the power of his high office in resisting the
aggressions of Congress on the constitutional rights of the States and
the people, is entitled to the gratitude of the whole American people,
and on behalf of the Democratic party, we tender him our thanks for his
patriotic efforts in that regard.
Upon this platform the Democratic party appeal to every patriot,
including all the conservative element, and all who desire to support
the Constitution and restore the Union, forgetting all past differences
of opinion, to unite with us in the present great struggle for the
liberties of the people; and that to all such, to whatever party they
may have heretofore belonged, we extend the right hand of fellowship,
and hail all such coöperating with us as friends and brothers.
HON. HORATIO SEYMOUR,
The nominee of the Democratic National Convention for the office of
President of the United States, is a native of the State of New York,
having been born in Onondaga County, some time during the year 1811.
He is consequently fifty-seven years of age at the present writing.
His father being a gentleman of wealth, Mr. Seymour received an
excellent education, and after his graduation engaged in the study of
the law. Upon being admitted to the bar, he commenced the practice of
his profession in the town of Utica, Oneida County, and soon became a
popular lawyer. He did not long pursue this occupation, however. The
death of his father made him successor to a large and valuable estate,
attention to the interests of which compelled him to abandon all
professional and public labors. He never after resumed practice.
HORATIO SEYMOUR.
Mr. Seymour’s political predilections were, it may be said, inherited
from his ancestors, all or nearly all of whom were and had been
Democrats from the first formation of the party. To this political
organization the subject of this sketch gave in his adhesion, and has
ever since adhered to and been a prominent member of it. He first
appeared before the public as a candidate for the suffrages of his
fellow-citizens as the Democratic nominee for the office of mayor of
the city of Utica. Although that city had been one of the firmest Whig
strongholds, he was elected by a fair majority, as much owing, though,
to the feeling of dissatisfaction with the opposing candidate, as to
his personal popularity. The election took place in 1842, before he
had quite attained his thirty-first year. During the same year, he
was elected to the lower house of the State Legislature, and served
until 1845, when he declined a reëlection. His ability as a legislator
brought him considerable reputation, and had the effect of extending
his popularity, which had hitherto been confined to a rather limited
extent of territory.
From 1845 to 1850, Mr. Seymour does not appear to have held any
political office, although he took an active part in politics, stumping
the State for other candidates, and doing all that he could to further
the interests and insure the success of the Democracy. During the
latter year, however, he had attained to sufficient prominence to
warrant his nomination for the office of Governor. His opponent was
Washington Hunt, and after a very exciting contest, Mr. Hunt was
elected by a majority of 262, in a total of 428,966 votes cast. The
balance of the Democratic ticket was elected, and this fact had the
effect of temporarily obscuring Mr. Seymour’s prospects. Still, he soon
recovered from this reverse of fortune, and in 1852, was re-nominated
for the same office. As before, his competitor was Mr. Hunt, whom
he defeated, after an exciting canvass, by a majority of 24,385,
in a total vote of 503,857. This victory added considerably to his
popularity, as it was believed to presage a long lease of power to the
Democratic party. His administration was distinguished by his veto
of the Maine Liquor Law bill, which had passed both houses of the
Legislature, and which action on the part of the Governor was regarded
at the time as a bold stroke of policy. But it was not fated that
the Democratic party should longer remain in power. In 1854, four
candidates for gubernatorial honors appeared in the field—Horatio
Seymour, regular Democrat; G. C. Bronson, hard shell Democrat; Myron
H. Clark, Republican, and D. Ullman, Know-Nothing. The split in the
Democratic party resulted in its defeat by a remarkably small majority.
Nearly half a million votes were cast, of which Mr. Clark and Mr.
Seymour received the highest, the former being elected by 309 majority.
After this defeat, Mr. Seymour returned to private life, nor was his
name mentioned again in connection with public offices until 1856, when
he was spoken of as one of the possible candidates of the Democracy
for the Presidency. The movement, however, came to nothing. He still
took an active part in politics, so far as a vigorous support of all
Democratic candidates was concerned. When the rebellion broke out, Mr.
Seymour took an active part in furthering its suppression, and served
as chairman of the War Committee in his county, aiding in forwarding
troops to the seat of war. In 1862, he was once more nominated by the
Democrats for the office of Governor, and was elected by a majority
of over ten thousand. During his administration he had quite an angry
controversy with the general government on the subject of the draft,
he claiming that the quota of troops from the southern portion of
the State, which gives immense Democratic majorities, was larger in
proportion to the voting population, than that of the northern or
republican sections. The matter was finally settled by a revision of
the draft list. In 1863, the draft riots broke out in New York city,
and Mr. Seymour immediately left Albany for that place. Arriving there,
he addressed the rioters, urging them to disperse and go home quietly,
and promising to do all that he could to stay the execution of the law.
At the same time he organized a force of citizens, which he armed and
kept on duty, until the arrival of troops from Pennsylvania restored
order. In 1864, he was for the fifth time nominated for the office of
Governor, and was defeated by Mr. Fenton by a majority of over eight
thousand.
Since the close of the war Mr. Seymour has taken an active part
in politics, although he has never been a candidate. In personal
appearance he is quite dignified, and is said to be a very sociable and
hospitable gentleman. As a public speaker he is fluent, eloquent, and
argumentative, and wherever he takes the stump he is always received by
large crowds. Until a late day of the Convention he positively asserted
that he would not accept the nomination of the Democracy for the
Presidency, but it is natural to suppose that he will now reconsider
this resolution after the unanimous vote by which he was nominated.
GENERAL FRANCIS PRESTON BLAIR, JR.
This gentleman, the Democratic nominee for the Vice-Presidency, is a
native of Lexington, Ky., where he was born, in 1821. He received an
excellent education at Princeton College, N. J., and, after graduation,
returned to his home at St. Louis, Mo., where he soon became actively
engaged in politics. He was the political associate of Thomas Benton,
and was the first man in Missouri to denounce the institution of
slavery in his State. Being elected to the State Legislature, he soon
became distinguished for his opposition to all measures tending to
benefit slavery, and did much toward revolutionizing public sentiment
in St. Louis, where he resided. In 1856, he was elected to Congress
as a Republican, and was reëlected by increased majorities in 1858
and 1860. Throughout these years he never ceased his efforts against
slavery, and the Kansas Territory difficulty found him an earnest
advocate of free-soil doctrines. At the commencement of the Rebellion
of 1861, he was among the first to organize troops for the defense of
St. Louis and Missouri; and, in conjunction with Captain, afterward
General Lyon, raised the forces known as the Missouri Home Guards, one
of the most important Union organizations at that eventful period of
civil disturbances in that State. He was made commander of the First
Regiment, and assisted in the capture of Camp Jackson, St. Louis, on
May 10, 1861, which capture was among the first of the severe blows
struck at the Rebellion after the fall of Fort Sumter, inasmuch as it
was certainly the first important one. Colonel Blair also took part in
the battle of Boonville, under General Lyon, on June 17, 1861, during
which contest he commanded his regiment. It was at this point that the
rebels, under General Price and Governor Jackson, met with their first
decided defeat in Missouri. His regiment took a very active part in
the battle of Wilson’s Creek, where General Lyon was slain, on August
10, 1861, but, in consequence of his having to occupy his seat in the
special session of Congress, Colonel Blair was not present during that
action.
FRANCIS P. BLAIR, JR.
During the sessions of Congress in 1861-2, Colonel Blair was Chairman
of the Committee on Military Affairs, and, as such, did good service
to the country. Upon the close of the session he returned to Missouri,
and commenced the organization of a regiment of artillery, and
afterward, at the request of the Secretary of War, he raised a brigade
of infantry, of which he was placed in command, and commissioned a
brigadier-general in August, 1862. The brigade became attached to the
Fourth Division of the Thirteenth Army Corps, but, subsequently, upon a
reconstruction of General Grant’s forces, was assigned to the Fifteenth
Corps, then commanded by General W. T. Sherman. While under the command
of that brilliant officer, General Blair had charge of the First
Brigade, of General Steele’s division, at the attack upon the defenses
in the rear of Vicksburg, on the 29th of December, 1862. During the
assaults upon the works, General Blair greatly distinguished himself
for his bravery, being the last to leave the heights, although the main
army had been severely repulsed. General Blair commanded his brigade in
General Sherman’s wing of McClernand’s army during the assault upon and
capture of Fort Hindman, on the Arkansas River, on the 10th and 11th of
January, 1863. For the gallantry he displayed at these last mentioned
contests he was promoted to be a major-general of volunteers, with a
commission dating from November 29, 1862. During the month of April,
1863, Major-General Blair was placed in command of a division of
Sherman’s corps, formerly commanded by General David Stuart, who, in
consequence of his appointment not having been confirmed by the Senate,
had resigned the service. At the head of this division, he took part in
all the operations in the vicinity of Vicksburg and in the siege, and
further established his character for bravery.
During the remainder of the war General Blair took an active and
conspicuous part in nearly all the great battles of the West. His
division gained distinction in the attack on and capture of Jackson,
Miss., and, on the 2d of October, 1863, General Sherman appointed him
to the command of the corps formerly commanded by himself. In his new
capacity he again exhibited many high traits of generalship, and, from
the advance of the army from the Mississippi to the terrible battles
of Missionary Ridge, his corps participated with distinguished valor,
and won for its commander considerable reputation. In the early part of
1864, being desirous of taking his seat in Congress, to which he had
been elected in 1862, General Blair presented his resignation to Mr.
Lincoln, at the request of that gentleman, who urged him to be present
and aid in the organization of the House. During the month of March
following, he reëntered the service, and was placed in command of the
Seventeenth Army Corps. Until the war ended he remained in the field,
serving under General Sherman in the celebrated campaign to Atlanta and
the sea, and winning fresh laurels as a military leader. On the 11th of
July, 1865, he bade farewell to his corps at Louisville and retired to
private life.
As soon as the war was over and General Blair perceived that the
people of the South were honestly disposed to abide the result of the
conflict in good faith, he urged a liberal and generous treatment
of the ex-rebels. At first he continued his connection with the
republican party, and endeavored to change its course in his State to
a policy of conservatism. The Legislature of Missouri had passed a law
disfranchising all who participated in or gave aid and comfort to the
Rebellion, and another law requiring all the citizens of the State to
take a test oath. Both of these measures were opposed by General Blair
as proscriptive and unconstitutional. He urged that, the war being
over, there was no need of any further rigor toward the men who had
engaged in rebellion, and regarded it as dangerous to the peace and
prosperity of the State to deprive them of the right to vote. With
regard to the test oath, he absolutely refused to subscribe to it,
and, upon presenting himself at the polls in St. Louis, his vote was
refused for that reason. For this act he brought a suit before the
courts for the purpose of testing the constitutionality of the law.
The case is now before the Supreme Court of the United States, and is
not yet decided. Gradually General Blair severed his connection with
the Republican party, after having been a member of that organization
from its incipiency. When the present reconstruction laws of Congress
were passed, he denounced them as despotic, revolutionary, and
unconstitutional, and declared that the people of the South would not
be in the wrong if they resisted their execution. He opposed, with
great earnestness, the policy of universal negro suffrage as a disgrace
and an outrage upon the people, and, in a recent letter, declared that
the first duty of a Democratic President, if elected, would be to
overthrow the present radical governments in the South, and restore
the States to the rule of the whites. This declaration of his has
been severely commented upon by the radical organs, while, from its
boldness, the Democratic papers have scarcely ventured to offer an
opinion.
General Blair’s military reputation has gained him considerable
popularity in the West, and particularly among the late Union soldiers
in that section of the country. His recent adhesion to the Democratic
party and his bitter opposition to negro suffrage created for a time
considerable surprise when his views were made known, they being
regarded as singular when compared with his former denunciations of
slavery and the Democracy. Indeed, nothing could more fully exemplify
what revolutions sometimes occur in politics and men’s opinions than
his unanimous and enthusiastic nomination.
Footnotes:
[1]
This clause has been repealed and annulled by the 12th amendment.
[2]
This ordinance was drawn up before the Constitution was formed.
[3]
This battle resulted in the destruction of the Pequod tribe.
[4]
Kaskaskia, the first capital of Illinois, is located on
Kaskaskia River, and is the present site of Vandalia.
[6]
When the Electoral votes were being counted, in Joint Convention of the
Senate and House of Representatives, objections were made to including
the votes of Wisconsin, because the electors did not meet until the day
after that prescribed by law. The President of the Convention stated
that he merely announced that James Buchanan had been elected President
of the United States, without any reference to the contested votes, and
declined expressing an opinion on the subject.
[7]
One of the original thirteen States of the Union.
[8]
Delegates from Territories who may speak on Territorial
questions, but have no vote.
Transcriber’s Notes:
Deprecated spellings or archaeic words were not corrected.
The illustrations have been moved so that they do not break up
paragraphs and so that they are next to the text they illustrate.
Typographical and punctuation errors have been silently corrected.