You will also proceed, as soon as you can with safety, to execute the orders of the late Congress respecting the inhabitants at St. Vincennes and at the Kaskaskias and the other villages on the Mississippi. It is a circumstance of some importance that the said inhabitants should as soon as possible possess the lands to which they are entitled by some known and fixed principles.

I have directed a number of copies of the treaty made by you at Fort Harmar with the Wyandots, etc., on the 9th of January last to be printed and forwarded to you, together with the ratification and my proclamation enjoining the observance thereof.

As it may be of high importance to obtain a precise and accurate knowledge of the several waters which empty into the Ohio on the northwest and of those which discharge themselves in the Lakes Erie and Michigan, the length of the portages between, and nature of the ground, an early and pointed attention thereto is earnestly recommended.

Given under my hand, in the city of New York, this 6th day of October, A.D. 1789, and in the thirteenth year of the Sovereignty and Independence of the United States.

Go. WASHINGTON.



[From The Freeman's Journal; or, The North American Intelligencer, Philadelphia, October 21, 1789.]

CONGRESS OF THE UNITED STATES.

AN ACT providing for the payment of the invalid pensioners of the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the military pensions which have been granted and paid by the States, respectively, in pursuance of the acts of the United States in Congress assembled, to the invalids who were wounded and disabled during the late war shall be continued and paid by the United States from the 4th day of March last for the space of one year under such regulations as the President of the United States may direct.

FREDERICK AUGUSTUS MUHLENBERG, Speaker of the House of Representatives.

JOHN ADAMS, Vice-President of the United States and President of the Senate.

Approved, September 29, 1789.

Go. WASHINGTON, President of the United States.



WAR OFFICE, October 13, 1789.

In pursuance of the above-recited law, information is hereby given to all the invalid pensioners of the United States that the amount of one year's pension from the 4th day of March last will be paid to them or their attorneys, respectively, in two equal payments, the first of which will be made on the 5th day of March, 1790, and the second on the 5th day of June following, at such places in each State and by such persons as shall hereafter in due season be publicly made known.

The payments will be made according to the following regulations, to wit:

The returns which have been or shall be made to the Secretary for the Department of War by the several States of the pensions which have been granted and paid by them, respectively, will, together with the vouchers herein required, be considered as the evidence whereon the payments are to be made.

Every application for payment must be accompanied by the following vouchers:

First. The certificate given by the State, specifying that the person possessing it is in fact an invalid and ascertaining the sum to which as such he is annually entitled.

Secondly. An affidavit agreeably to the following form, to wit:

A.B. came before me, one of the justices for the county of ——, in the State of ——, and made oath that he is the same A.B. to whom the original certificate in his possession was given, of which the following is a copy: [The certificate given by the State to be recited.]

That he served in —— [regiment or vessel] at the time he was disabled, and that he now resides in the —— and county of ——, and has resided there for the last —— years, previous to which he resided in ——.

In case an invalid should apply for payment by an attorney the said attorney must, besides the certificate and oath before recited, produce a special letter of attorney agreeably to the following form:

I, A.B., of ——, county of ——, State of ——, do hereby constitute and appoint C.D., of ——, my lawful attorney to receive in my behalf —— [the first or second moiety] of my annual pension as an invalid of the United States from the 4th day of March, 1789.

In testimony whereof I have hereunto set my hand and seal this ——.

Signed and sealed in the presence of —— ——.

Acknowledged before me —— ——.

Applications of executors or administrators must be accompanied with legal evidence of their respective offices and also the time the invalid died whose pension they may claim.

By command of the President of the United States of America:

H. KNOX, Secretary for the Department of War.



[From Annals of Congress, Second Congress, 1247-1248.]

George Washington, President of the United States of America, to the Secretary of the Treasury for the time being:

By virtue of the several acts, the one entitled "An act making provision for the debt of the United States" and the other entitled "An act making provision for the reduction of the public debt," I do hereby authorize and empower you, by yourself or any other person or persons, to borrow on behalf of the United States, within the said States or elsewhere, a sum or sums not exceeding in the whole $14,000,000, and to make or cause to be made for that purpose such contract or contracts as shall be necessary and for the interest of the said States, subject to the restrictions and limitations in the said several acts contained; and for so doing this shall be your sufficient warrant.

In testimony whereof I have caused the seal of the United States to be hereunto affixed.

[SEAL.]

Given under my hand, at the city of New York, this 28th day of August, A.D. 1790.

Go. WASHINGTON.

By the President: TH: JEFFERSON.



[From Annals of Congress, Second Congress, 1249-1250.]

George Washington, President of the United States of America, to the Secretary of the Treasury for the time being:

Having thought fit to commit to you the charge of borrowing on behalf of the United States a sum or sums not exceeding in the whole $14,000,000, pursuant to the several acts, the one entitled "An act making provision for the debt of the United States," the other entitled "An act making provision for the reduction of the public debt"—

I do hereby make known to you that in the execution of the said trust you are to observe and follow the orders and directions following, viz: Except where otherwise especially directed by me you shall employ in the negotiation of any loan or loans which may be made in any foreign country William Short, esq. You shall borrow or cause to be borrowed, on the best terms which shall be found practicable (and within the limitations prescribed by law as to time of repayment and rate of interest), such sum or sums as shall be sufficient to discharge as well all installments or parts of the principal of the foreign debt which now are due or shall become payable to the end of the year 1791 as all interest and arrears of interest which now are or shall become due in respect to the said debt to the same end of the year 1791; and you shall apply or cause to be applied the moneys which shall be so borrowed with all convenient dispatch to the payment of the said installments and parts of the principal and interest and arrears of the interest of the said debt. You shall not extend the amount of the loan which you shall make or cause to be made beyond the sum which shall be necessary for completing such payment unless it can be done upon terms more advantageous to the United States than those upon which the residue of the said debt shall stand or be; but if the said residue or any part of the same can be paid off by new loans upon terms of advantage to the United States you shall cause such further loans as may be requisite to that end to be made and the proceeds thereof to be applied accordingly. And for carrying into effect the objects and purposes aforesaid I do hereby further empower you to make or cause to be made with whomsoever it may concern such contract or contracts, being of a nature relative thereto, as shall be found needful and conducive to the interest of the United States.

If any negotiation with any prince or state to whom any part of the said debt may be due should be requisite, the same shall be carried on through the person who in capacity of minister, charg d'affaires, or otherwise now is or hereafter shall be charged with transacting the affairs of the United States with such prince or state, for which purpose I shall direct the Secretary of State, with whom you are in this behalf to consult and concert, to cooperate with you.

Given under my hand, at the city of New York, this 28th day of August, A.D. 1790.

Go. WASHINGTON.



[From Annals of Congress, Second Congress, 1046.]

UNITED STATES, January 16, 1792.

The SECRETARY FOR THE DEPARTMENT OF WAR.

SIR: As the circumstances which have engaged the United States in the present Indian war[178] may some of them be out of the public recollection and others perhaps be unknown, it may appear advisable that you prepare and publish from authentic documents a statement of those circumstances, as well as of the measures which have been taken from time to time for the reestablishment of peace and friendship.

When the community are called upon for considerable exertions to relieve a part which is suffering under the hand of an enemy, it is desirable to manifest that due pains have been taken by those intrusted with the administration of their affairs to avoid the evil.

Go. WASHINGTON.

[Footnote 178: With certain tribes of Indians northwest of the Ohio.]



[From Annals of Congress, Sixth Congress, 1335.]

SEPTEMBER 29, 1792.

The President of the United States doth hereby order and direct that any lot or lots in the city of Washington may, after the public sale to commence on the 8th day of October, be sold and agreed for by the commissioners, or any two of them, at private sale for such price and on such terms as they may think proper.

Go. WASHINGTON.



[From Sparks's Washington, Vol. X, pp. 546-548.]

RULES ADOPTED BY THE CABINET AS TO THE EQUIPMENT OF VESSELS IN THE PORTS OF THE UNITED STATES BY BELLIGERENT POWERS, AND PROCEEDINGS ON THE CONDUCT OF THE FRENCH MINISTER.

AUGUST 3, 1793.

1. The original arming and equipping of vessels in the ports of the United States by any of the belligerent parties for military service, offensive or defensive, is deemed unlawful.

2. Equipments of merchant vessels by either of the belligerent parties in the ports of the United States purely for the accommodation of them as such is deemed lawful.

3. Equipments in the ports of the United States of vessels of war in the immediate service of the Government of any of the belligerent parties which if done to other vessels would be of a doubtful nature, as being applicable either to commerce or war, are deemed lawful, except those which shall have made prize of the subjects, people, or property of France coming with their prizes into the ports of the United States pursuant to the seventeenth article of our treaty of amity and commerce with France.

4. Equipments in the ports of the United States by any of the parties at war with France of vessels fitted for merchandise and war, whether with or without commissions, which are doubtful in their nature, as being applicable either to commerce or war, are deemed lawful, except those which shall be made prize, etc.

5. Equipments of any of the vessels of France in the ports of the United States which are doubtful in their nature, as being applicable to commerce or war, are deemed lawful.

6. Equipments of every kind in the ports of the United States of privateers of the powers at war with France are deemed lawful.

7. Equipments of vessels in the ports of the United States which are of a nature solely adapted to war are deemed unlawful, except those stranded or wrecked, as mentioned in the eighteenth article of our treaty with France, the sixteenth of our treaty with the United Netherlands, the ninth of our treaty with Prussia, and except those mentioned in the nineteenth article of our treaty with France, the seventeenth of our treaty with the United Netherlands, the eighteenth of our treaty with Prussia.

8. Vessels of either of the parties not armed, or armed previous to their coming into the ports of the United States, which shall not have infringed any of the foregoing rules, may lawfully engage or enlist their own subjects or citizens, not being inhabitants of the United States, except privateers of the powers at war with France and except those vessels which shall have made prize, etc.

The foregoing rules having been considered by us at several meetings and being now unanimously approved, they are submitted to the President of the United States.

THOMAS JEFFERSON. ALEXANDER HAMILTON. HENRY KNOX. EDMUND RANDOLPH.



RESTITUTION OF PRIZES

AUGUST 5, 1793.

That the minister of the French Republic be informed that the President considers the United States as bound, pursuant to positive assurances given in conformity to the laws of neutrality, to effectuate the restoration of or to make compensation for prizes which shall have been made of any of the parties at war with France subsequent to the 5th day of June last by privateers fitted out of their ports.

That it is consequently expected that he will cause restitution to be made of all prizes taken and brought into our ports subsequent to the above-mentioned day by such privateers, in defect of which the President considers it as incumbent upon the United States to indemnify the owners of those prizes, the indemnification to be reimbursed by the French nation.

That besides taking efficacious measures to prevent the future fitting out of privateers in the ports of the United States they will not give asylum therein to any which shall have been at any time so fitted out, and will cause restitution of all such prizes as shall be hereafter brought within their ports by any of the said privateers.

That instructions be sent to the respective governors in conformity to the above communication.

The foregoing having been duly considered, and being now unanimously approved, they are submitted to the President of the United States.

THOMAS JEFFERSON. ALEXANDER HAMILTON. HENRY KNOX. EDMUND RANDOLPH.



CONCERNING THE CONDUCT OF THE FRENCH MINISTER.

At a meeting of the heads of Departments and the Attorney-General at the President's on the 1st and 2d of August, 1793, on a review of the whole of M. Genet's correspondence and conduct, it was unanimously agreed that a letter should be written to the minister of the United States at Paris stating the same to him, resuming the points of difference which had arisen between the Government of the United States and M. Genet, assigning the reasons for the opinions of the former and desiring the recall of the latter; and that this letter, with those which have passed between M. Genet and the Secretary of State, and other necessary documents, shall be laid by Mr. Morris before the Executive of the French Government.

At a meeting of the same at the President's August 15 the rough draft of the said letter, having been prepared by the Secretary of State, was read for consideration, and it was agreed that the Secretary of the Treasury should take measures for obtaining a vessel, either by hire or purchase, to be sent to France express with the dispatches when ready.

At a meeting of the same at the President's August 20 the said letter was read and corrected by paragraphs, and finally agreed to.

At a meeting of the same at the President's August 23 it was agreed that the preceding letter should bear the date of the last document which is to accompany it, to wit, August 16; and the draft of a second letter to our minister at Paris was read and unanimously approved, and to bear date this day.

Sealed and signed, this 23d day of August, 1793.

THOMAS JEFFERSON. ALEXANDER HAMILTON. HENRY KNOX. EDMUND RANDOLPH.



[From the original, Department of State.]

PHILADELPHIA, August 4, 1793.

The SECRETARY OF STATE.

SIR: If the heads of Departments and the Attorney-General, who have prepared the eight rules which you handed to me yesterday, are well satisfied that they are not repugnant to treaties or to the laws of nations, and, moreover, are the best we can adopt to maintain neutrality, I not only give them my approbation, but desire they may be made known without delay for the information of all concerned.

The same expression will do for the other paper, which has been subscribed as above and submitted to my consideration, for restoring or making restitution of prizes under the circumstances therein mentioned.

It is proper you should be informed that the minister of France intends to leave this city for New York to-morrow, and not amiss, perhaps, to know that in mentioning the seasonable aid of hands which the Ambuscade received from the French Indiaman the day preceding her meeting the Boston he added that seamen would no longer be wanting, as he had now 1,500 at his command. This being the case (although the allusion was to the subject he was then speaking upon), some of these men may be employed in the equipment of privateers other than those now in existence, as the right of fitting out such in our ports is asserted in unequivocal terms.

Was the propriety of convening the Legislature at an earlier day than that on which it is to assemble by law considered yesterday?

The late decree of the National Convention of France, dated the 9th of May, authorizing their ships of war and armed vessels to stop any neutral vessel loaded in whole or part with provisions and send them into their ports, adds another motive for the adoption of this measure.

Go. WASHINGTON.



[From Annals of Congress, Seventh Congress, second session, 746-747.]

JOHN ADAMS, PRESIDENT OF THE UNITED STATES OF AMERICA.

INSTRUCTIONS TO THE COMMANDERS OF ARMED VESSELS BELONGING TO THE UNITED STATES, GIVEN AT PHILADELPHIA THIS 28TH DAY OF MAY, A.D. 1798, AND IN THE TWENTY-SECOND YEAR OF THE INDEPENDENCE OF THE SAID STATES.

Whereas it is declared by an act of Congress passed the 28th day of May, 1798, that armed vessels sailing under authority or pretense of authority from the French Republic have committed depredations on the commerce of the United States and have recently captured the vessels and property of citizens thereof on and near the coasts, in violation of the law of nations and treaties between the United States and the French nation:

Therefore, and in pursuance of the said act, you are instructed and directed to seize, take, and bring into any port of the United States, to be proceeded against according to the laws of nations, any armed vessel sailing under authority or pretense of authority from the French Republic which shall have committed, or which shall be found hovering on the coasts of the United States for the purpose of committing, depredations on the vessels belonging to citizens thereof, and also to retake any ship or vessel of any citizen or citizens of the United States which may have been captured by any such armed vessel.

By command:

JAMES M'HENRY, Secretary of War.



[From American State Papers, Foreign Relations, Vol. II, pp. 365-367.]

INSTRUCTIONS FOR THE PRIVATE ARMED VESSELS OF THE UNITED STATES.

First. In exercising the powers granted by the act of Congress entitled "An act further to protect the commerce of the United States," passed the 9th day of July, 1798, and which is hereto annexed, the regulations therein prescribed are to be strictly attended to and observed.

Second. The powers of capturing and recapturing granted by the said act being pointed solely and exclusively against French armed vessels and those vessels, goods, and effects of citizens of the United States or of persons resident therein which shall have been captured by the French, the rights of all other nations are to be duly respected, and they are not to be molested in their persons or property; consequently American vessels and property captured by the commissioned vessels of such of those other nations as are at war are not to be recaptured by the armed vessels of the United States. Nevertheless, any vessels found on the high seas may be examined in such manner as shall be necessary to ascertain whether they are or are not armed French vessels, or "vessels the property of or employed by any citizen of the United States or person resident therein, or having on board any goods or effects belonging to any such citizen or resident," that have been captured by the French. But if they are of neither of these descriptions they are to be dismissed with as little delay as possible. And in making such examination care is to be taken that no injury be done to the vessel or to the persons or property on board her. It peculiarly becomes a nation like the American, contending for her just rights and defending herself against insults and injuries, to respect the rights of others and studiously to avoid not only the outrage and the inhumanity but even the incivility of which itself complains. It is hoped that Americans will be as distinguished for their justice and humanity as for their bravery and love of true liberty. If, on the contrary, any of the officers or crews of American armed vessels shall practice any cruelty or inhumanity contrary to the usage of civilized nations, the offenders will be severely punished.

Third. For the purposes of the act aforesaid you will consider the "high seas" to extend to low-water mark on all the coasts of France and her dominions and of all places subject to her power in any part of the world, and exercise accordingly the powers of capturing and recapturing granted by the act aforesaid. By the same rule, seeing a war exists between Great Britain and France, you may capture and recapture as aforesaid on all the coasts of the British dominions and of all places subject to the British power. But you are to refrain from exercising the aforesaid powers of capturing and recapturing in waters which are under the protection of any other nations, that their peace and sovereignty may remain unviolated. If, however, any armed French vessel, regardless of the rights of these other nations, shall within their jurisdictional limits attack or capture any vessel, goods, or effects the property of citizens of or residents in the United States, and you are able to attack and take such armed French vessel or to retake her prize within the jurisdictional limits of such nations, you are to do it, provided their governments, respectively, or the commanders or governors in chief in such places give their permission.

Fourth. The master or pilot and one or more of the principal persons of the company of every armed French vessel captured as aforesaid are to be sent as soon after the capture as may be to the judge or judges of the proper court in the United States to be examined upon oath touching the interest or property of the captured vessel and her lading, and at the same time are to be delivered to the judge or judges all passes, charter parties, bills of lading, invoices, letters, and other documents and writings found on board; the said papers to be proved by the affidavit of the commander of the capturing vessel or some other person present at the capture, to be produced as they were received, without fraud, addition, subduction, or embezzlement.

Fifth. The commanders of American private armed ships are by all convenient opportunities to send to the Secretary of the Navy written accounts of the captures they shall make, with the number and names of the captives and intelligence of what may occur or be discovered concerning the designs of the French and the destinations, motions, and operations of their fleets, cruisers, and armies.

Sixth. Where it can be done without injury or great inconvenience, the armed French vessels captured as aforesaid are to be sent to some port in the United States to be tried according to law. But such captures may happen in places remote from the United States or under circumstances which would render the sending of the captured vessels thither extremely inconvenient, while, from the vicinity of the ports of the British dominions or those of any other power in friendship with the United States, but at war with France, or from other circumstances, it would be easy to send such captured vessels into those friendly ports. In such cases it will be lawful to send such prizes into those friendly ports where they will find an asylum; and if the laws of those countries admit of it and it can be done to the satisfaction of the captors, there will be no objection on the part of the American Government to the libeling and trying such captured armed French vessels by the proper courts of those, countries, where also may be delivered to the proper officers all French persons and others who shall be found acting on board of any French armed vessel which shall be captured or on board of any vessel of the United States which shall be recaptured as aforesaid.

Seventh. With respect to American vessels, goods, and effects recaptured, it seems not necessary to bring them immediately into a port of the United States. If brought in, they are to be restored to the owners on the payment of salvage. But such recaptured vessels, goods, and effects may at the time of recapture be so remote from the United States and so near a market, or the goods and effects may be of a nature so perishable, that to send such vessels, goods, and effects back to the United States may prove extremely injurious to the owners and recaptors, whereas, if permitted to proceed to their destined ports, or other places, to a market, greater advantages may result to all concerned therein; and as either the master, mate, or supercargo of any such recaptured vessel is usually left on board, and with the aid of the prizemaster and hands of the recaptors, which would be necessary to bring her home, might proceed and complete their original or other beneficial voyage, the commanders of the private armed vessels will in such case consider maturely the course most proper to be pursued, as well for the benefit of their fellow-citizens whose property they shall thus recapture as of themselves in respect to the salvage to which they and their crews and owners will be entitled. Nothing on this subject is enjoined; the commanders of the private armed vessels are to use their sound discretion.

Eighth. If any vessel of the United States, public or private, shall be found in distress by being attacked or taken by the French, the commanders, officers, and company of the private armed vessels aforesaid are to use their utmost endeavors to aid, succor, relieve, and free every such vessel in distress.



AN ACT further to protect the commerce of the United States.

SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States shall be, and he is hereby, authorized to instruct the commanders of the public armed vessels which are or which shall be employed in the service of the United States to subdue, seize, and take any armed French vessel which shall be found within the jurisdictional limits of the United States or elsewhere on the high seas; and such captured vessel, with her apparel, guns, and appurtenances and the goods or effects which shall be found on board the same, being French property, shall be brought within some port of the United States and shall be duly proceeded against and condemned as forfeited, and shall accrue and be distributed as by law is or shall be provided respecting the captures which shall be made by the public armed vessels of the United States.

SEC. 2. And be it further enacted, That the President of the United States shall be, and he is hereby, authorized to grant to the owners of private armed ships and vessels of the United States who shall make application therefor special commissions in the form which he shall direct and under the seal of the United States; and such private armed vessels, when duly commissioned as aforesaid, shall have the same license and authority for the subduing, seizing, and capturing any armed French vessel and for the recapture of the vessels, goods, and effects of the people of the United States as the public armed vessels of the United States may by law have, and shall be in like manner subject to such instructions as shall be ordered by the President of the United States for the regulation of their conduct; and the commissions which shall be granted as aforesaid shall be revocable at the pleasure of the President of the United States.

SEC. 3. Provided, and be it further enacted, That every person intending to set forth and employ an armed vessel and applying for a commission as aforesaid shall produce in writing the name and a suitable description of the tonnage and force of the vessel and the name and place of residence of each owner concerned therein, the number of the crew, and the name of the commander and the two officers next in rank appointed for such vessel, which writing shall be signed by the person or persons making such application and filed with the Secretary of State, or shall be delivered to any other officer or person who shall be employed to deliver out such commissions, to be by him transmitted to the Secretary of State.

SEC. 4. And provided, and be it further enacted, That before any commission as aforesaid shall be issued the owner or owners of the ship or vessel for which the same shall be requested and the commander thereof for the time being shall give bond to the United States, with at least two responsible sureties not interested in such vessel, in the penal sum of $7,000, or, if such vessel be provided with more than 150 men, then in the penal sum of $14,000, with condition that the owners and officers and crews who shall be employed on board of such commissioned vessel shall and will observe the treaties and laws of the United States and the instructions which shall be given them for the regulation of their conduct, and will satisfy all damages and injuries which shall be done or committed contrary to the tenor thereof by such vessel during her commission, and to deliver up the same when revoked by the President of the United States.

SEC. 5. And be it further enacted, That all armed French vessels, together with their apparel, guns, and appurtenances and any goods or effects which shall be found on board the same, being French property, and which shall be captured by any private armed vessel or vessels of the United States duly commissioned as aforesaid, shall be forfeited and shall accrue to the owners thereof and the officers and crews by whom such captures shall be made, and on due condemnation had shall be distributed according to any agreement which shall be between them, or, in failure of such agreement, then by the discretion of the court before whom such condemnation shall be.

SEC. 6. And be it further enacted, That all vessels, goods, and effects the property of any citizen of the United States or person resident therein which shall be recaptured as aforesaid shall be restored to the lawful owners upon payment by them, respectively, of a just and reasonable salvage, to be determined by the mutual agreement of the parties concerned or by the decree of any court of the United States having maritime jurisdiction, according to the nature of each case: Provided, That such allowance shall not be less than one-eighth or exceeding one-half of the full value of such recapture, without any deduction. And such salvage shall be distributed to and among the owners, officers, and crews of the private armed vessel or vessels entitled thereto according to any agreement which shall be between them, or, in case of no agreement, then by the decree of the court who shall determine upon such salvage.

SEC. 7. And be it further enacted, That before breaking bulk of any vessel which shall be captured as aforesaid, or other disposal or conversion thereof, or of any articles which shall be found on board the same, such capture shall be brought into some port of the United States and shall be libeled and proceeded against before the district court of the same district; and if, after a due course of proceeding, such capture shall be decreed as forfeited in the district court, or in the circuit court of the same district in the case of any appeal duly allowed, the same shall be delivered to the owners and captors concerned therein, or shall be publicly sold by the marshal of the same court, as shall be finally decreed and ordered by the court; and the same court, who shall have final jurisdiction of any libel or complaint of any capture as aforesaid, shall and may decree restitution, in whole or in part, when the capture and restraint shall have been made without just cause as aforesaid, and if made without probable cause or otherwise unreasonably may order and decree damages and costs to the party injured, and for which the owners, officers, and crews of the private armed vessel or vessels by which such unjust capture shall have been made, and also such vessel or vessels, shall be answerable and liable.

SEC. 8. And be it further enacted, That all French persons and others who shall be found acting on board any French armed vessel which shall be captured, or on board of any vessel of the United States which shall be recaptured as aforesaid, shall be reported to the collector of the port in which they shall first arrive, and shall be delivered to the custody of the marshal or of some civil or military officer of the United States or of any State in or near such port, who shall take charge for their safe-keeping and support, at the expense of the United States.

Enacted into a law July 9, 1798.

By command of the President of the United States of America:

—— ——, Secretary of State.



[From Annals of Congress, Seventh Congress, second session, 747.]

JOHN ADAMS, PRESIDENT OF THE UNITED STATES.

INSTRUCTIONS TO COMMANDERS OF ARMED VESSELS BELONGING TO THE UNITED STATES, GIVEN AT PHILADELPHIA THE 10TH DAY OF JULY, A.D. 1798, AND IN THE TWENTY-THIRD YEAR OF OUR INDEPENDENCE.

In pursuance of the acts of Congress passed the 27th day of May, the 20th day of June, and the 9th day of July—

You are hereby authorized, instructed, and directed to subdue, seize, and take any armed French vessel or vessels sailing under authority or pretense of authority from the French Republic which shall be found within the jurisdictional limits of the United States or elsewhere on the high seas, and such captured vessel, with her apparel, guns, and appurtenances and the goods and effects which shall be found on board of the same, to bring within some port of the United States; and also retake any vessel, goods, and effects of the United States or persons resident therein which may have been captured by any French vessel, in order that proceedings may be had concerning such capture or recapture in due form of law and as to right shall appertain.

By command of the President of the United States of America:

BEN. STODDERT.



[From C.F. Adams's Works of John Adams, Vol. IX, p. 160.]

CIRCULAR TO THE COMMANDERS OF ARMED VESSELS IN THE SERVICE OF THE UNITED STATES, GIVEN AT THE NAVY DEPARTMENT DECEMBER 29, 1798.

SIR: It is the positive command of the President that on no pretense whatever you permit the public vessel of war under your command to be detained or searched nor any of the officers or men belonging to her to be taken from her by the ships or vessels of any foreign nation so long as you are in a capacity to repel such outrage on the honor of the American flag. If force should be exerted to compel your submission, you are to resist that force to the utmost of your power, and when overpowered by superior force you are to strike your flag and thus yield your vessel as well as your men, but never your men without your vessel.

You will remember, however, that your demeanor be respectful and friendly to the vessels and people of all nations in amity with the United States, and that you avoid as carefully the commission of as the submission to insult or injury.

I have the honor to be, etc.,

BEN STODDERT.



[From Annals of Congress, Seventh Congress, second session, 747-748.]

CIRCULAR INSTRUCTIONS TO THE CAPTAINS AND COMMANDERS OF VESSELS IN THE SERVICE OF THE UNITED STATES.

NAVY DEPARTMENT, March 12, 1799.

SIR: Herewith you will receive an act of Congress "further to suspend the commercial intercourse between the United States and France and the dependencies thereof," the whole of which requires your attention; but it is the command of the President that you consider particularly the fifth section as part of your instructions and govern yourself accordingly.

A proper discharge of the important duties arising out of this act will require the exercise of a sound and an impartial judgment. You are not only to do all that in you lies to prevent all intercourse, whether direct or circuitous, between the ports of the United States and those of France or her dependencies in cases where the vessels or cargoes are apparently, as well as really, American and protected by American papers only, but you are to be vigilant that vessels or cargoes really American, but covered by Danish or other foreign papers and bound to or from French ports, do not escape you. Whenever, on just suspicion, you send a vessel into port to be dealt with according to the aforementioned law, besides sending with her all her papers send all the evidence you can obtain to support your suspicions and effect her condemnation. At the same time that you are thus attentive to fulfill the objects of the law you are to be extremely careful not to harass or injure the trade of foreign nations with whom we are at peace nor the fair trade of our own citizens.

A misconstruction of his authority by Captain Nicholson in relation to vessels of friendly nations captured by the French renders it necessary that I should make some explanatory observations on that subject. Our laws direct the capture of all armed vessels sailing under authority or pretense of authority from the French Republic. A vessel captured by the citizens of France must be considered as sailing under the authority of France, and it is scarcely to be supposed that in times like the present, when few vessels sail without arms, a captured vessel in possession of the captors will be so circumstanced as not to come under the description of an armed vessel within the meaning of our laws. To justify a recapture nothing is necessary but that the vessel be provided with such means of annoyance as will render her dangerous to an unarmed American vessel in pursuit of lawful commerce. If, however, the vessel can not be considered an armed vessel within the meaning of our laws, you are not to recapture her unless you should have probable cause to suspect that the citizens of the United States or persons resident therein have some interest in the vessel or cargo.

It is always your duty to recapture American property and property of persons resident within the United States whenever found in possession of the French on the high seas.

I have the honor to be, sir, your most obedient servant,

BEN. STODDERT.



[From Claypoole's American Daily Advertiser, Philadelphia, December 20, 1799.]

The President with deep regret announces to the Army the death of its beloved chief, General George Washington. Sharing in the grief which every heart must feel for so heavy and afflicting a public loss, and desirous to express his high sense of the vast debt of gratitude which is due to the virtues, talents, and ever-memorable services of the illustrious deceased, he directs that funeral honors be paid to him at all the military stations, and that the officers of the Army and of the several corps of volunteers wear crape on the left arm by way of mourning for six months. Major-General Hamilton will give the necessary orders for carrying into effect the foregoing directions.

Given at the War Office of the United States, in Philadelphia, this 19th day of December, A.D. 1799, and in the twenty-fourth year of the Independence of the said States.

By command of the President:

JAMES M'HENRY, Secretary of War.



[From Claypoole's American Daily Advertiser, Philadelphia, December 21, 1799.]

NAVY DEPARTMENT, December 20, 1799.

The President with deep affliction announces to the Navy and to the marines the death of our beloved fellow-citizen, George Washington, commander of our armies and late President of the United States, but rendered more illustrious by his eminent virtues and a long series of the most important services than by the honors which his grateful country delighted to confer upon him.

Desirous that the Navy and marines should express, in common with every other description of American citizens, the high sense which all feel of the loss our country has sustained in the death of this good and great man, the President directs that the vessels of the Navy in our own and foreign ports be put in mourning for one week by wearing their colors half-mast high, and that the officers of the Navy and of the marines wear crape on the left arm below the elbow for six months.

BEN. STODDERT.



[From Claypoole's American Daily Advertiser, Philadelphia, December 24, 1799.]

Impressed with unspeakable grief and under the influence of an affectionate sympathy which must pervade the hearts of his beloved fellow citizen soldiers, the Blues, Brigadier-General MacPherson announces the following communication:

PHILADELPHIA, December 21, 1799.

Major-General Hamilton has received through the Secretary of War the following order from the President of the United States:

[For order see preceding page.]

The impressive terms in which this great national calamity is announced by the President could receive no new force from anything that might be added. The voice of praise would in vain endeavor to exalt a character unrivaled on the lists of true glory. Words would in vain attempt to give utterance to that profound and reverential grief which will penetrate every American bosom and engage the sympathy of an admiring world. If the sad privilege of preeminence in sorrow may justly be claimed by the companions in arms of our lamented Chief, their affections will spontaneously perform the dear though painful duty. 'Tis only for me to mingle my tears with those of my fellow-soldiers, cherishing with them the precious recollection that while others are paying a merited tribute to "The Man of the Age" we in particular, allied as we were to him by a closer tie, are called to mourn the irreparable loss of a kind and venerated patron and father!

In obedience to the directions of the President, the following funeral honors will be paid at the several stations of the Army:

At daybreak sixteen guns will be fired in quick succession and one gun at a distance of each half hour till sunset.

During the procession of the troops to the place representing that of the interment and until the conclusion of the ceremonial minute guns will be fired.

The bier will be received by the troops formed in line presenting their arms and the officers, drums, and colors saluting. After this the procession will begin, the troops marching by platoons in inverted order and with arms reversed to the place of interment, the drums muffled and the music playing a dead march.

The bier, carried by four sergeants and attended by six pallbearers, where there is cavalry will be preceded by the cavalry and will be followed by the troops on foot. Where there is no cavalry, a detachment of infantry will precede the bier, which itself will in every case be preceded by such of the clergy as may be present. The officers of the general staff will immediately succeed the bier.

Where a numerous body of citizens shall be united with the military in the procession, the whole of the troops will precede the bier, which will then be followed by the citizens.

When arrived near the place of interment, the procession will halt, the troops in front of the bier will form in line, and, opening their ranks, will face inwards, to admit the passage of the bier, which will then pass through the ranks, the troops leaning on their arms, reversed, while the bier passes. When the bier shall have passed, the troops will resume their position in line, and, reversing their arms, will remain leaning upon them until the ceremonial shall be closed.

The music will now perform a solemn air, after which the introductory part of this order shall be read.

At the end of this a detachment of infantry, appointed for the purpose, will advance and fire three volleys over the bier.

The troops will then return, the music playing the President's march, the drums previously unmuffled.

The uniform companies of militia are invited to join in arms the volunteer corps.

The commanders at particular stations, conforming generally to this plan, will make such exceptions as will accommodate it to situation. At places where processions of unarmed citizens shall take place it is the wish of the Major-General that the military ceremonial should be united, and the particular commanders at those places are authorized to vary the plan so as to adapt it to the circumstances.

Brigadier-General MacPherson is charged to superintend the ceremonial in the city of Philadelphia; Major Tousard will attend to Fort Mifflin and will cooperate with him.

The day of performing the ceremonial at each station is left to the particular commander.

Major-General Pinckney will make such further arrangements within his district as he shall deem expedient.

PHILIP CHURCH, Aid-de-Camp.

In conformity to the above the volunteers of the city and county of Philadelphia in the service of the United States will parade, completely equipped, at the manege, in Chesnut street, on Thursday next, the 26th instant, at 10 o'clock a.m. The officers, together with the uniform companies of militia who may think proper to join on this mournful occasion, will please to signify their intention to Brigadier-General MacPherson at his quarters on or before Tuesday next at 1 o'clock p.m., in order that the necessary arrangement may be made to pay the last sad tribute of veneration to the manes of the late Commander in Chief of the Armies of the United States.

By order of Brigadier-General MacPherson:

JONATHAN WILLIAMS, Aid-de-Camp.



[The following interesting paper is extracted from a speech of Senator W.C. Rives, of Virginia, delivered in the United States Senate February 12, 1839, on a bill to prevent the interference of certain Federal officers in elections. (See Congressional Globe, Twenty-fifth Congress, third session, Vol. VII, Appendix, p. 409.) This order President Jefferson caused to be issued by the heads of the several Departments shortly after his inauguration, March 4, 1801. References are made to it in several publications, but the originals could not be found.]

The President of the United States has seen with dissatisfaction officers of the General Government taking on various occasions active parts in elections of the public functionaries, whether of the General or of the State Governments. Freedom of elections being essential to the mutual independence of governments and of the different branches of the same government, so vitally cherished by most of our constitutions, it is deemed improper for officers depending on the Executive of the Union to attempt to control or influence the free exercise of the elective right. This I am instructed, therefore, to notify to all officers within my Department holding their appointments under the authority of the President directly, and to desire them to notify to all subordinate to them. The right of any officer to give his vote at elections as a qualified citizen is not meant to be restrained, nor, however given, shall it have any effect to his prejudice; but it is expected that he will not attempt to influence the votes of others nor take any part in the business of electioneering, that being deemed inconsistent with the spirit of the Constitution and his duties to it.



[From the Writings of Thomas Jefferson, Paul Leicester Ford, Vol. VIII, pp. 99-101.]

CIRCULAR TO THE HEADS OF THE DEPARTMENTS.

WASHINGTON, November 6, 1801.

DEAR SIR: Coming all of us into executive office new and unfamiliar with the course of business previously practiced, it was not to be expected we should in the first outset adopt in every part a line of proceeding so perfect as to admit no amendment. The mode and degrees of communication, particularly between the Presidents and heads of Departments, have not been practiced exactly on the same scale in all of them. Yet it would certainly be more safe and satisfactory for ourselves as well as the public that not only the best but also an uniform course of proceeding as to manner and degree should be observed. Having been a member of the first Administration under General Washington, I can state with exactness what our course then was. Letters of business came addressed sometimes to the President, but most frequently to the heads of Departments. If addressed to himself, he referred them to the proper Department to be acted on. If to one of the Secretaries, the letter, if it required no answer, was communicated to the President simply for his information. If an answer was requisite, the Secretary of the Department communicated the letter and his proposed answer to the President. Generally they were simply sent back after perusal, which signified his approbation. Sometimes he returned them with an informal note, suggesting an alteration or a query. If a doubt of any importance arose, he reserved it for conference. By this means he was always in accurate possession of all facts and proceedings in every part of the Union, and to whatsoever Department they related; he formed a central point for the different branches; preserved an unity of object and action among them; exercised that participation in the suggestion of affairs which his office made incumbent on him, and met himself the due responsibility for whatever was done. During Mr. Adams's Administration his long and habitual absences from the seat of Government rendered this kind of communication impracticable, removed him from any share in the transaction of affairs, and parceled out the Government, in fact, among four independent heads, drawing sometimes in opposite directions. That the former is preferable to the latter course can not be doubted. It gave, indeed, to the heads of Departments the trouble of making up once a day a packet of all their communications for the perusal of the President; it commonly also retarded one day their dispatches by mail; but in pressing cases this injury was prevented by presenting that case singly for immediate attention, and it produced us in return the benefit of his sanction for every act we did. Whether any change of circumstances may render a change in this procedure necessary a little experience will show us. But I can not withhold recommending to heads of Departments that we should adopt this course for the present, leaving any necessary modifications of it to time and trial. I am sure my conduct must have proved better than a thousand declarations would that my confidence in those whom I am so happy as to have associated with me is unlimited, unqualified, and unabated. I am well satisfied that everything goes on with a wisdom and rectitude which I could not improve. If I had the universe to choose from, I could not change one of my associates to my better satisfaction. My sole motives are those before expressed, as governing the first Administration in chalking out the rules of their proceeding, adding to them only a sense of obligation imposed on me by the public will to meet personally the duties to which they have appointed me. If this mode of proceeding shall meet the approbation of the heads of Departments, it may go into execution without giving them the trouble of an answer. If any other can be suggested which would answer our views and add less to their labors, that will be a sufficient reason for my preferring it to my own proposition, to the substance of which only, and not the form, I attach any importance.

TH: JEFFERSON.



[From Annals of Congress, Tenth Congress, second session, 332-333.]

By virtue of the act entitled "An act making provision for defraying any extraordinary expenses attending the intercourse between the United States and foreign nations," passed on the 13th day of February, 1806, and of which the annexed is an official exemplification, I, Thomas Jefferson, President of the United States of America, do hereby authorize and empower Albert Gallatin, Secretary of the Treasury of the United States, to take all proper and necessary measures for placing the $2,000,000 appropriated by the act above recited at the joint disposal of John Armstrong and James Bowdoin, commissioners plenipotentiary and extraordinary for settling all matters of difference between the United States and the Government of Spain, and, in case of the death of one of them, at the disposal of the survivor, to be jointly applied by the said John Armstrong and James Bowdoin, or, in case of the death of one of them, by the survivor, to such purposes as I may think proper to direct in my instructions to them; and for so doing this shall be his sufficient warrant.

In testimony whereof I have caused the seal of the United States to be hereunto affixed.

[SEAL.]

Given under my hand, at the city of Washington, this 18th day of March, 1806.

TH: JEFFERSON.

By the President: JAMES MADISON, Secretary of State.



[From the Writings of Thomas Jefferson, Paul Leicester Ford, Vol. IX, pp. 34-35.]

CIRCULAR LETTER TO THE GOVERNORS OF KENTUCKY, TENNESSEE, OHIO, AND MISSISSIPPI.

WASHINGTON, March 21, 1807.

SIR: Although the present state of things on the western side of the Mississippi does not threaten any immediate collision with our neighbors in that quarter and it is our wish they should remain undisturbed until an amicable adjustment may take place, yet as this does not depend on ourselves alone it has been thought prudent to be prepared to meet any movements which may occur. The law of a former session of Congress for keeping a body of 100,000 militia in readiness for service at a moment's warning is still in force, but by an act of the last session, a copy of which I now inclose, the Executive is authorized to accept the services of such volunteers as shall offer themselves on the conditions of the act, which may render a resort to the former act unnecessary. It is for the execution of this act that I am now to solicit your zealous endeavors. The persons who shall engage will not be called from their homes until some aggression, committed or intended, shall render it necessary. When called into action it will not be for a lounging but for an active and perhaps distant service. I know the effect of this consideration in kindling that ardor which prevails for this service, and I count on it for filling up the numbers requisite without delay. To yourself I am sure it must be as desirable as it is to me to transfer this service from the great mass of our militia to that portion of them to whose habits and enterprise active and distant service is most congenial. In using, therefore, your best exertions toward accomplishing the object of this act you will render to your constituents as well as to the nation a most acceptable service.

With respect to the organizing and officering those who shall be engaged within your State the act itself will be your guide, and as it is desirable that we should be kept informed of the progress in this business I must pray you to report the same from time to time to the Secretary of War, who will correspond with you on all the details arising out of it.

I salute you with great consideration and respect.

TH: JEFFERSON.



[From American State Papers, Finance, Vol. II, p. 449.]

James Madison, President of the United States of America, to Albert Gallatin, Secretary of the Treasury:

By virtue of the act entitled "An act authorizing a loan of money for a sum not exceeding the amount of the principal of the public debt reimbursable during the year 1810," passed on the 1st day of May, 1810, I do hereby authorize and empower you, by yourself or any other person or persons, to borrow on behalf of the United States, of the Bank of the United States, any sum not exceeding in the whole $3,750,000, and to make or cause to be made for that purpose such contract as shall be necessary and for the interest of the said States, pursuant to the act aforesaid; and for so doing this shall be your warrant.

Given under my hand, at Washington, this 28th day of May, A.D. 1810.

JAMES MADISON.



[From Annals of Congress, Thirteenth Congress, Vol. II, 2544-2545.]

NAVY DEPARTMENT, July 29, 1813.

Commanding Officers of Stations or Vessels of United States Navy:

The palpable and criminal intercourse held with the enemy's forces blockading and invading the waters and shores of the United States is, in a military view, an offense of so deep a dye as to call for the vigilant interposition of all the naval officers of the United States.

This intercourse is not only carried on by foreigners, under the specious garb of friendly flags, who convey provisions, water, and succors of all kinds (ostensibly destined for friendly ports, in the face, too, of a declared and rigorous blockade) direct to the fleets and stations of the enemy, with constant intelligence of our naval and military force and preparation and the means of continuing and conducting the invasion, to the greatest possible annoyance of the country, but the same traffic, intercourse, and intelligence is carried on with great subtility and treachery by profligate citizens, who, in vessels ostensibly navigating our own waters from port to port, under cover of night or other circumstances favoring their turpitude, find means to convey succors or intelligence to the enemy and elude the penalty of the law. This lawless traffic and intercourse is also carried on to a great extent in craft whose capacity exempts them from the regulations of the revenue laws and from the vigilance which vessels of greater capacity attract.

I am therefore commanded by the President of the United States to enjoin and direct all naval commanding officers to exercise the strictest vigilance and to stop and detain all vessels or craft whatsoever proceeding or apparently intending to proceed toward the enemy's vessels within the waters or hovering about the harbors of the United States, or toward any station occupied by the enemy within the jurisdiction of the United States, from which vessels or craft the enemy might derive succors or intelligence.

W. JONES.



[From Congressional Globe, Vol. V, p. 323.]

TREASURY DEPARTMENT, February 22, 1836.

To Receivers of Public Moneys, Collectors, Disbursing Officers, and the Deposit Banks of the United States:

The established policy of the Treasury Department, so far as may be practicable under its present powers over the collection, keeping, and disbursement of the public money, is to diminish the circulation of small bank notes and to substitute specie, and especially gold, for such notes, with the view of rendering the currency of the country, through which its fiscal operations are performed, more safe, sound, and uniform. In pursuance of that policy, a circular was issued last April which prohibited after the 30th September, 1835, the receipt on account of the Government of any bank notes of a less denomination than $5, and which intimated that other steps to promote the desirable objects before named would in due time be taken.

Consequently, in further pursuance of the same policy, you are hereby required after the 1st of May next not to pay the demands of any public officer or creditor in any bank notes of a less denomination than $5, and, except when it may be otherwise prescribed by law, after the 4th of July next not to receive or pay on account of the Government any bank notes of a less denomination than $10.

All the deposit banks are requested to supply themselves with such a quantity of American gold coin as to be able to pay, and when a public officer or creditor prefers it, and his demand does not exceed $500, to pay at least one-fifth of such demand in that coin. It is also requested that the deposit banks will not after the 4th of July next issue any notes of a less denomination than $5, and that after the 3d of March, 1837, they will not, unless the subject be otherwise regulated by Congress, issue any notes of a less denomination than $10. It is believed that the amount of gold which by that time shall be coined at the Mint will be sufficient to admit of the convenient substitution of it for small notes in a much greater extent than at present; and it is deemed reasonable that while the deposit banks have the use, without interest, of unusually large sums of the public money they should make some further temporary sacrifices to obtain and circulate gold and in other respects to enlarge the specie basis of our circulating medium.

From these considerations and from the liberal spirit evinced by most of the public depositories in a late correspondence with them on this subject, it is confidently expected that in this state of things they will cheerfully comply with the above requests and with all others which have been made by the Department with a view of improving the currency; nor will it, I trust, be considered unjust or impolitic, while the deposit banks shall continue to enjoy great privileges from the Treasury, to regard a neglect or refusal by any of them to comply with those requests as sufficient cause for discontinuing the employment of such banks as fiscal agents.

At a proper time it will be decided under what circumstances and at what periods these restrictions on the agents and officers of the Treasury shall be extended to notes of any denomination under $20.

This communication is made with the sanction of the President of the United States, and it is hoped that till otherwise prescribed by Congress or by this Department these requirements and requests will be faithfully complied with by all the fiscal agents of this Department and all the collecting and disbursing officers of the Government.

LEVI WOODBURY, Secretary of the Treasury.



[From Senate Doc. No. 15, Twenty-fourth Congress, second session.]

CIRCULAR FROM THE SECRETARY OF THE TREASURY TO RECEIVERS OF PUBLIC MONEY AND TO THE DEPOSIT BANKS.

TREASURY DEPARTMENT, July 11, 1836.

In consequence of complaints which have been made of frauds, speculations, and monopolies in the purchase of the public lands, and the aid which is said to be given to effect these objects by excessive bank credits and dangerous, if not partial, facilities through bank drafts and bank deposits, and the general evil influence likely to result to the public interests, and especially the safety of the great amount of money in the Treasury, and the sound condition of the currency of the country from the further exchange of the national domain in this manner, and chiefly for bank credits and paper money, the President of the United States has given directions, and you are hereby instructed, after the 15th day of August next, to receive in payment of the public lands nothing except what is directed by the existing laws, viz, gold and silver, and in the proper cases Virginia land scrip: Provided, That till the 15th of December next the same indulgences heretofore extended as to the kind of money received may be continued for any quantity of land not exceeding 320 acres to each purchaser who is an actual settler or bona fide resident in the State where the sales are made.

In order to insure the faithful execution of these instructions, all receivers are strictly prohibited from accepting for land sold any draft, certificate, or other evidence of money or deposit, though for specie, unless signed by the Treasurer of the United States in conformity to the act of April 24, 1820; and each of those officers is required to annex to his monthly returns to this Department the amount of gold and of silver, respectively, as well as the bills, received under the foregoing exception; and each deposit bank is required to annex to every certificate given upon a deposit of money the proportions of it actually paid in gold, in silver, and in bank notes. All former instructions on these subjects, except as now modified, will be considered as remaining in full force.

The principal objects of the President in adopting this measure being to repress alleged frauds and to withhold any countenance or facilities in the power of the Government from the monopoly of the public lands in the hands of speculators and capitalists, to the injury of the actual settlers in the new States and of emigrants in search of new homes, as well as to discourage the ruinous extension of bank issues and bank credits by which those results are generally supposed to be promoted, your utmost vigilance is required and relied on to carry this order into complete execution.

LEVI WOODBURY, Secretary of the Treasury.



[From American State Papers, Military Affairs, Vol. VII, p. 554.]



HERMITAGE, September 7, 1836.

General J.E. WOOL, East Tennessee.

SIR: Your letter of the 30th ultimo has just been handed to me by Mr. Rogers, the express. Being in a state of preparation for setting out for Washington and surrounded by much company, I have but a moment to reply to it.

In relation to your observations respecting the apportionment of the 10,000 volunteers, I need not say more here than that the requisition on the governor of the State was a sufficient guide for the organization of the part allotted to Tennessee. This requisition was for 2,500 men, to be raised in two brigades, one in the East and the other in West Tennessee, and there could be no authority to muster more into the service. The remainder of the 10,000 had been required from other States and Territories.

I have turned to the letter of the Adjutant-General to which you have called my attention. You will find, I think, that it relates to the volunteers called for agreeably to the requisition on the governor of Tennessee for 2,500. I can not suppose that it was expected of you to receive a greater number than this into the service.

As you have the treaty before you and the instructions of the Acting Secretary of War, I do not see that I can add anything more on this subject at present. The treaty is to be religiously fulfilled. You may assure all concerned that no modification or alteration in it will be made by me. Of this Mr. John Ross is fully advised. His friend, Mr. Standefer, who waited upon me at Washington and made the inquiry whether I would agree to a supplemental article admitting the Rosses and their delegation in as chiefs, was informed that I would not. You will therefore make known to the Cherokee people that no alteration in the treaty will be made, but that all its terms and conditions will be faithfully and fully executed. Should you find any evil-disposed white man in the nation exciting the Indians not to comply with the treaty, you will forthwith order him or them out of the nation, and if they refuse to go, the facts being thoroughly established, you will take the steps necessary to put them out. Such characters must be considered in the light of intruders, prohibited by the treaty from living within the limits of the nation.

You will caution John Ross from calling any council of the Cherokee people with the view of opposing or altering the treaty. He knows that there will be no further negotiation on the subject; that the Cherokees are to emigrate in two years from the ratification of the treaty, and will be obliged to go within that period; that the collisions between them and the whites have been too long continued for the gratification of himself at the expense of the poor in the nation.

I have had a letter from Governor Carroll. He will leave Pontotoc at as early a moment as he can, and expects to meet Governor Lumpkin early in October next.

With these hasty remarks, I remain, your obedient servant,

ANDREW JACKSON.



[From Congressional Globe, Vol. VII, Appendix, p. 245.]

DEPARTMENT OF STATE, Washington, December 7, 1837.

SIR:[179] In the course of the contest which has commenced in a portion of the territory of Great Britain between portions of the population and the Government some of our citizens may, from their connection with the settlers and from their love of enterprise and desire of change, be induced to forget their duty to their own Government and its obligations to foreign powers. It is the fixed determination of the President faithfully to discharge, so far as his power extends, all the obligations of this Government, and that obligation especially which requires that we shall abstain under every temptation from intermeddling with the domestic disputes of other nations. You are therefore earnestly enjoined to be attentive to all movements of a hostile character contemplated or attempted within your district, and to prosecute without discrimination all violators of those laws of the United States which have been enacted to preserve peace with foreign powers and to fulfill all the obligations of our treaties with them.

I am, sir, your obedient servant,

JOHN FORSYTH.

[Footnote 179: Sent to the United States attorney at Rockingham, Vt., and to the district attorneys for the northern district of New York and the Michigan district.]



[From Congressional Globe, Vol. VII, Appendix, p. 245.]

DEPARTMENT OF STATE, Washington, December 7, 1837.

His Excellency WILLAM L. MARCY, Governor of the State of New York.

SIR: A contest having commenced in a territory of Great Britain adjoining the United States between portions of the population and government, during which attempts may be made to violate the laws of the United States passed to preserve the relations of amity with foreign powers and to fulfill the obligations of our treaties with them, by the directions of the President I have the honor to request the attention of your excellency to any movements of that character that may be contemplated in the State of New York and your prompt interference to arrest the parties concerned if any preparations are made of a hostile nature against any foreign power in amity with the United States.

I have the honor to be, sir, your obedient servant,

JOHN FORSYTH.

[Sent also to the governors of Vermont and Michigan.]



[From House Ex. Doc. No. 163, Fiftieth Congress, first session, p. 6.]

EXECUTIVE ORDERS TOUCHING DISPOSAL OF FLAGS CAPTURED IN WAR WITH MEXICO.

DECEMBER 26, 1848.

Pursuant to the second section of act approved April 18, 1814, directing that all flags, standards, and colors taken by the Army and Navy of the United States from their enemies be preserved and displayed under the direction of the President of the United States in such public place as he shall deem proper, the Secretary of War is directed to take measures to cause the flags, standards, and colors taken by the Army of the United States from their enemies in the recent war with Mexico to be deposited for the purpose specified in the act in the Military Academy at West Point.

JAMES K. POLK.



[From official records, War Department.]

WASHINGTON, September 11, 1861.

Major-General JOHN C. FRMONT.

SIR: Yours of the 8th, in answer to mine of the 2d instant, is just received. Assuming that you, upon the ground, could better judge of the necessities of your position than I could at this distance, on seeing your proclamation of August 30 I perceived no general objection to it. The particular clause, however, in relation to the confiscation of property and the liberation of slaves appeared to me to be objectionable in its nonconformity to the act of Congress passed the 6th of last August upon the same subjects, and hence I wrote you expressing my wish that that clause should be modified accordingly. Your answer, just received, expresses the preference on your part that I should make an open order for the modification, which I very cheerfully do. It is therefore ordered that the said clause of said proclamation be so modified, held, and construed as to conform to and not to transcend the provisions on the same subject contained in the act of Congress entitled "An act to confiscate property used for insurrectionary purposes," approved August 6, 1861, and that said act be published at length with this order.

Your obedient servant,

A. LINCOLN.



[From McPherson's History of the Rebellion, p. 248.]

DEPARTMENT OF STATE, Washington, December 4, 1861.

Major-General GEORGE B. McCLELLAN, Washington.

GENERAL: I am directed by the President to call your attention to the following subject:

Persons claimed to be held to service or labor under the laws of the State of Virginia and actually employed in hostile service against the Government of the United States frequently escape from the lines of the enemy's forces and are received within the lines of the Army of the Potomac.

This Department understands that such persons afterwards coming into the city of Washington are liable to be arrested by the city police upon the presumption, arising from color, that they are fugitives from service or labor.

By the fourth section of the act of Congress approved August 6, 1861, entitled "An act to confiscate property used for insurrectionary purposes," such hostile employment is made a full and sufficient answer to any further claim to service or labor. Persons thus employed and escaping are received into the military protection of the United States, and their arrest as fugitives from service or labor should be immediately followed by the military arrest of the parties making the seizure.

Copies of this communication will be sent to the mayor of the city of Washington and to the marshal of the District of Columbia, that any collision between the civil and military authorities may be avoided.

I am, General, your very obedient servant,

WILLIAM H. SEWARD.



[From McPherson's History of the Rebellion, p. 252.]

WAR DEPARTMENT, Washington City, July 3, 1862.

Major-General B.F. BUTLER, Commanding, etc., New Orleans, La.

GENERAL: I wrote you last under date of the 29th ultimo, and have now to say that your dispatch of the 18th ultimo, with the accompanying report of General Phelps concerning certain fugitive negroes that have come to his pickets, has been considered by the President.

He is of opinion that under the law of Congress they can not be sent back to their master; that in common humanity they must not be permitted to suffer for want of food, shelter, or other necessaries of life; that to this end they should be provided for by the Quartermaster's and Commissary's departments, and that those who are capable of labor should be set to work and paid reasonable wages.

In directing this to be done the President does not mean at present to settle any general rule in respect to slaves or slavery, but simply to provide for the particular case under the circumstances in which it is now presented.

I am, General, very respectfully, your obedient servant,

EDWIN M. STANTON, Secretary of War.



[From official records, War Department.]

WASHINGTON, May 1, 1863.

Major-General WOOL, Commanding at New York:

By virtue of the act of Congress authorizing the President to take possession of railroad and telegraph lines, etc., passed February 4, 1862, the President directs that you take immediate military possession of the telegraph lines lately established between Philadelphia and Boston, called the Independent Telegraph Company, and forbid the transmission of any intelligence relating to the movements of the Army of the Potomac or any military forces of the United States. In case this order is violated arrest and imprison the perpetrators in Fort Delaware, reporting to the Department. If the management of the line will stipulate to transmit no military intelligence without the sanction of the War Department, they need not be interfered with so long as the engagement is fulfilled. This order will be executed so as not to interfere with the ordinary business of the telegraph company.

By order of the President:

E.M. STANTON, Secretary of War.



[From McPherson's History of the Rebellion, p. 436.]

Hon. ANDREW JOHNSON, Military Governor of Tennessee:

You are hereby authorized to exercise such powers as may be necessary and proper to enable the loyal people of Tennessee to present such a republican form of State government as will entitle the State to the guaranty of the United States therefor and to be protected under such State government by the United States against invasion and domestic violence, all according to the fourth section of the fourth article of the Constitution of the United States.

ABRAHAM LINCOLN.

SEPTEMBER 19, 1863.



[From official records, War Department.]

GENERAL ORDERS, No. 329.

WAR DEPARTMENT, ADJUTANT-GENERAL'S OFFICE, Washington, October 3, 1863.

Whereas the exigencies of the war require that colored troops should be recruited in the States of Maryland, Missouri, and Tennessee, it is—

Ordered by the President, That the chief of the bureau for organizing colored troops shall establish recruiting stations at convenient places within said States and give public notice thereof, and be governed by the following regulations:

First. None but able-bodied persons shall be enlisted.

Second. The State and county in which the enlistments are made shall be credited with the recruits enlisted.

Third. All persons enlisted into the military service shall forever thereafter be free.

Fourth. Free persons, and slaves with the written consent of their owners, and slaves belonging to those who have been engaged in or given aid and comfort to the rebellion may be now enlisted, the owners who have not been engaged in or given aid to the rebellion being entitled to receive compensation as hereafter provided.

Fifth. If within thirty days from the date of opening enlistments, notice thereof and of the recruiting stations being published, a sufficient number of the description of persons aforesaid to meet the exigencies of the service shall not be enlisted, then enlistments may be made of slaves without requiring consent of their owners; but they may receive compensation as herein provided for owners offering their slaves for enlistment.

Sixth. Any citizen of said States who shall offer his or her slave for enlistment into the military service shall if such slave be accepted receive from the recruiting officer a certificate thereof and become entitled to compensation for the service or labor of said slave, not exceeding the sum of $300, upon filing a valid deed of manumission and of release and making satisfactory proof of title; and the recruiting officer shall furnish to any claimant a descriptive list of any person enlisted and claimed under oath to be his or her slave, and allow anyone claiming under oath that his or her slave has been enlisted without his or her consent the privilege of inspecting the enlisted men for the purpose of identification.

Seventh. A board of three persons shall be appointed by the President, to whom the rolls and recruiting lists shall be furnished for public information, and on demand exhibited to any person claiming that his or her slave has been enlisted against his or her will.

Eighth. If any person shall within ten days after the filing of said rolls make a claim for the service of any person so enlisted, the board shall proceed to examine the proofs of title, and if valid shall award just compensation, not exceeding $300, for each slave enlisted belonging to the claimant, and upon the claimant's filing a valid deed of manumission and release of service the board shall give the claimant a certificate of the sum awarded, which on presentation shall be paid by the chief of the bureau.

Ninth. All enlistments of colored troops in the State of Maryland otherwise than in accordance with these regulations are forbidden.

Tenth. No person who is or has been engaged in rebellion against the Government of the United States, or who in any way has given or shall give aid or comfort to the enemies of the Government, shall be permitted to present any claim or receive any compensation for the labor or service of any slave, and all claimants shall file with their claim an oath of allegiance to the United States.

By order of the President:

E.D. TOWNSEND, Assistant Adjutant-General.



[From McPherson's History of Reconstruction, p. 122.]

WASHINGTON, March 3, 1865—12 p.m.

Lieutenant-General GRANT:

The President directs me to say to you that he wishes you to have no conference with General Lee unless it be for the capitulation of General Lee's army or on some minor and purely military matter. He instructs me to say that you are not to decide, discuss, or confer upon any political question. Such questions the President holds in his own hands and will submit them to no military conferences or conventions. Meantime you are to press to the utmost your military advantages.

EDWIN M. STANTON, Secretary of War.



[From McPherson's History of Reconstruction, p. 13.]

EXECUTIVE OFFICE, August 16, 1865.

O.O. HOWARD, Major-General, Commissioner Freedmen's Affairs:

Respectfully returned to the Commissioner of Bureau Refugees, Freedmen, etc. The records of this office show that B.B. Leake was specially pardoned by the President on the 27th ultimo, and was thereby restored to all his rights of property except as to slaves. Notwithstanding this, it is understood that the possession of his property is withheld from him. I have therefore to direct that General Fisk, assistant commissioner at Nashville, Tenn., be instructed by the Chief Commissioner of Bureau of Freedmen, etc., to relinquish possession of the property of Mr. Leake held by him as assistant commissioner, etc., and that the same be immediately restored to the said Leake. The same action will be had in all similar cases.

ANDREW JOHNSON, President United States.



[From McPherson's History of Reconstruction, p. 12.]

CIRCULAR No. 15.

WAR DEPARTMENT, BUREAU REFUGEES, FREEDMEN, AND ABANDONED LANDS, Washington, D.C., September 12, 1865.

I. Circular No. 13, of July 28, 1865, from this Bureau, and all portions of circulars from this Bureau conflicting with the provisions of this circular are hereby rescinded.

II. This Bureau has charge of such "tracts of land within the insurrectionary States as shall have been abandoned or to which the United States shall have acquired title by confiscation or sale or otherwise," and no such lands now in its possession shall be surrendered to any claimant except as hereinafter provided.

III. Abandoned lands are defined in section 2 of the act of Congress approved July 2, 1864, as lands "the lawful owner whereof shall be voluntarily absent therefrom and engaged, either in arms or otherwise, in aiding or encouraging the rebellion."

IV. Land will not be regarded as confiscated until it has been condemned and sold by decree of the United States court for the district in which the property may be found, and the title thereto thus vested in the United States.

V. Upon its appearing satisfactorily to any assistant commissioner that any property under his control is not abandoned as above defined and that the United States has acquired no title to it by confiscation, sale, or otherwise, he will formally surrender it to the authorized claimant or claimants, promptly reporting his action to the Commissioner.

VI. Assistant commissioners will prepare accurate descriptions of all confiscated and abandoned lands under their control, keeping a record thereof themselves and forwarding monthly to the Commissioner copies of these descriptions in the manner prescribed in Circular No. 10, of July 11, 1865, from this Bureau.

They will set apart so much of said lands as is necessary for the immediate use of loyal refugees and freedmen, being careful to select for this purpose those lands which most clearly fall under the control of this Bureau, which selection must be submitted to the Commissioner for his approval.

The specific division of lands so set apart into lots and the rental or sale thereof, according to section 4 of the law establishing the Bureau, will be completed as soon as practicable and reported to the Commissioner.

VII. Abandoned lands held by this Bureau may be restored to owners pardoned by the President by the assistant commissioners, to whom applications for such restoration should be forwarded, so far as practicable, through the superintendents of the districts in which the lands are situated.

Each application must be accompanied by—

First. Evidence of special pardon by the President or a copy of the oath of amnesty prescribed in the President's proclamation of May 29, 1865,[180] when the applicant is not included in any of the classes therein excepted from the benefits of said oath.

Second. Proof of title.

Officers of the Bureau through whom the application passes will indorse thereon such facts as may assist the assistant commissioner in his decision, stating especially the use made by the Bureau of the land.

VIII. No land under cultivation by loyal refugees or freedmen will be restored under this circular until the crops now growing shall be secured for the benefit of the cultivators unless full and just compensation be made for their labor and its products and for their expenditures.

O.O. HOWARD, Major-General, Commissioner.

Approved:

ANDREW JOHNSON, President of the United States.

[Footnote 180: See Vol. VI, pp. 310-312.]



[From McPherson's History of Reconstruction, p. 8.]

WAR DEPARTMENT, ADJUTANT-GENERAL'S OFFICE, Washington, April 17, 1866.

Major-General N.A. MILES, Commanding, etc., Fortress Monroe, Va.:

Ordered, That Clement C. Clay, jr., is hereby released from confinement and permitted to return to and remain in the State of Alabama and to visit such other places in the United States as his personal business may render absolutely necessary, upon the following conditions, viz, that he takes the oath of allegiance to the United States and gives his parole of honor to conduct himself as a loyal citizen of the same and to report himself in person at any time and place to answer any charges that may hereafter be prepared against him by the United States.

Please report receipt and execution of this order.

By order of the President of the United States:

E.D. TOWNSEND, Assistant Adjutant-General.



[From McPherson's History of Reconstruction, p. 198.]

GENERAL ORDERS, No. 46.

WAR DEPARTMENT, ADJUTANT-GENERAL'S OFFICE, Washington, July 13, 1866.

Ordered, That all persons who are undergoing sentence by military courts and have been imprisoned six months, except those who are under sentence for the crimes of murder, arson, or rape, and excepting those who are under sentence at the Tortugas, be discharged from imprisonment and the residue of their sentence remitted. Those who belong to the military service and their term unexpired will be returned to their command if it is still in service, and their release is conditional upon their serving their full term and being of good behavior.

By order of the President of the United States:

E.D. TOWNSEND, Assistant Adjutant-General.



[From Senate Ex. Doc. No. 82, Forty-ninth Congress, second session, pp. 3-5.]

Whereas, pursuant to the convention between the United States and Spain for the adjustment of the question of reclamation arising from the capture of the Virginius, entered into upon the 27th February, 1875, and duly ratified upon the 11th day of March, 1875, the Spanish Government engaged to deliver to the United States the sum of $80,000, or 400,000 pesetas, for the purpose of the relief of the families of those of the ship's company and of such of the passengers as were citizens of the United States who were executed, and to afford compensation to such of the ship's company and to such passengers as in like manner were citizens of the United States who were detained and suffered loss, excluding from any participation therein all individuals indemnified as British subjects; and