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"That upon the facts agreed to by the parties, they ought to find for the plaintiff. The court refused to give such instruction to the jury, and the plaintiff, to such refusal, then and there duly excepted."
The court then gave the following instruction to the jury, on motion of the defendant:
"The jury are instructed, that upon the facts in this case, the law is with the defendant." The plaintiff excepted to this instruction.
Upon these exceptions, the case came up to this court.
It was argued at December term, 1855, and ordered to be reargued at the present term.
The opinion of the court, as delivered by Chief Justice Taney, being so lengthy, we omit all but the summing up, to wit:
Upon the whole, therefore, it is the judgment of this court, that it appears by the record before us, that the plaintiff in error is not a citizen of Missouri, in the sense in which that word is used in the Constitution; and that the Circuit Court of the United States, for that reason, had no jurisdiction in the case, and could give no judgment in it. Its judgment for the defendant must, consequently, be reversed, and a mandate issued, directing the suit to be dismissed for want of jurisdiction.
PRESIDENTS AND VICE-PRESIDENTS OF THE UNITED STATES.
WITH THE VOTE FOR EACH CANDIDATE FOR OFFICE.
BEFORE THE REVOLUTION.
FIRST CONGRESS, Sept. 5, 1774. Peyton Randolph, of Virginia, President. Born in Virginia, in 1723, died at Philadelphia, Oct. 22, 1785. Charles Thomson, of Pennsylvania, Secretary. Born in Ireland, 1730, died in Pennsylvania, Aug. 16, 1824.
SECOND CONGRESS, May 10, 1775. Peyton Randolph, President. Resigned May 24, 1775.
John Hancock, of Massachusetts, elected his successor. He was born at Quincy, Mass., 1737, died Oct. 8, 1793. He was President of Congress until October, 1777.
Henry Laurens, of South Carolina, President from Nov. 1, 1777, to Dec. 1778. He was born at Charleston, S.C., 1724, died in South Carolina, Dec, 1792.
John Jay, of New York, President from Dec. 10, 1778, to Sept. 27, 1779. He was born in New York City, Dec. 12, 1745, died at New York, May 17, 1829.
Samuel Huntingdon, of Connecticut, President from Sept. 28, 1779, until July 10, 1781. He was born in Connecticut, in 1732, died 1796.
Thos. McKean, of Pennsylvania, President from July 1781, until Nov. 5, 1781. He was born in Pennsylvania, March 19, 1734, died at Philadelphia, June 24, 1817.
John Hanson, of Maryland, President from Nov. 5, 1781, to Nov. 4, 1782.
Elias Boudinot, of New Jersey, President from Nov. 4, 1782, until Feb. 4, 1783. He was born at Philadelphia, May 2, 1740, died 1824.
Thomas Mifflin, of Pennsylvania, President from Feb. 4, 1783, to Nov. 30, 1784. Born at Philadelphia, 1744, died in the same city, Jan. 21, 1800.
Richard Henry Lee, of Virginia, President from Nov. 30, 1784, to Nov. 23, 1785. He was born in Virginia, 1732, died 1794.
John Hancock, of Massachusetts, President from Nov. 23, 1785, to June 6, 1786.
Nathaniel Gorham, of Massachusetts, President from June 6, 1786, to Feb. 2, 1787. He was born at Charlestown, Mass., 1738, died June 11, 1796.
Arthur St. Clair, of Pennsylvania, President from Feb. 2, 1787, to Jan. 28, 1788. He was born in Edinburgh, Scotland,——, died in 1818.
Cyrus Griffin, of Virginia, President from Jan. 28, 1788, to the end of the Congress under the Confederation, March 3, 1789. He was born in England, 1748, died in Virginia, 1810.
UNDER THE CONSTITUTION.
1789 to 1793.—George Washington, of Virginia, inaugurated as President of the United States, April 30, 1789. He was born upon Wakefield estate, Virginia, Feb. 22, (11th old style,) 1732, died at Mount Vernon, Dec. 14, 1799.
John Adams, of Massachusetts, Vice-President. Born at Braintree, Mass., Oct. 19, 1735, died July 4, 1826, near Quincy, Mass.
ELECTORAL VOTE.—Geo. Washington, 69; John Adams, 34; John Jay, New York, 9; R.H. Harrison, Maryland, 6; John Rutledge, South Carolina, 6; John Hancock, Massachusetts, 4; Geo. Clinton, New York, 3; Sam'l Huntingdon, Connecticut, 2; John Milton, Georgia, 2; James Armstrong, Georgia, 1; Edward Telfair, Georgia, 1; Benj. Lincoln, Massachusetts, 1—Total, 69. Ten States voted,—Rhode Island, New York, and North Carolina not voting, not having ratified the Constitution in time.
1793 to 1797.—George Washington, President, inaugurated March 4, 1793.
John Adams, Vice-President.
ELECTORAL VOTE.—Geo. Washington, 132; John Adams, 77; Geo. Clinton, 50; Thos. Jefferson, Virginia, 4; Aaron Burr, New York, 1.—Total, 132. Fifteen States voted.
1797 to 1801.—John, Adams President, inaugurated March 4, 1797.
Thomas Jefferson, of Virginia, Vice-President. Born at Shadwell, Virginia, April 13, 1743, died at Monticello, Virginia, July 4, 1826.
ELECTORAL VOTE.—John Adams, 71; Thomas Jefferson, 68; Thomas Pinckney, South Carolina, 59; Aaron Burr, 30; Sam'l Adams, Massachusetts, 15; Oliver Ellsworth, Connecticut, 11; Geo. Clinton, 7; John Jay, 5; James Iredell, North Carolina, 3; George Washington, 2; John Henry, Maryland, 2; S. Johnson, North Carolina, 2; Charles C. Pinckney, South Carolina, 1.—Total 138. Sixteen States voting.
1801 to 1805.—Thomas Jefferson, President, inaugurated March 4, 1801.
Aaron Burr, of New York Vice-President. Born at Newark, N.J., Feb. 6, 1756, died at Staten Island, N.Y., Sept. 14, 1836.
ELECTORAL VOTE.—Thos. Jefferson, 73; Aaron Burr, 73; John Adams, 65; Chas. C. Pinckney, 64; John Jay 1.—Total, 13. Sixteen States voting.
There was no choice by the Electoral colleges, and the election was carried into the House of Representatives, and upon the 36th ballot, ten States voted for Jefferson, four States for Aaron Burr, and two States in blank. Jefferson was declared to be elected President, and Burr Vice-President. The Constitution was then amended, so that the Vice-President was voted for separately, instead of being the second on the vote for President.
1805 to 1809.—Thomas Jefferson, President, inaugurated March 4, 1805.
George Clinton, of New York, Vice-President. He was born in Ulster county, N.Y., 1739, died in Washington, D.C., April 20, 1812.
ELECTORAL VOTE.—For President, Thos. Jefferson, 162; Chas. Cotesworth Pinckney, 14.—Total, 176. Seven States voting. For Vice-President, George Clinton, 162; Rufus King, New York, 14.
1809 to 1813.—James Madison, of Virginia, President, inaugurated March 4, 1809. He was born March 16, 1751, in Prince George county, Va., and died at Montpelier, Va., June 28, 1836.
George Clinton, of New York, Vice-President, until his death, April 20, 1812.
ELECTORAL VOTE.—For President, James Madison, 122; Geo. Clinton, 6; C.C. Pinckney, 47.—Total, 175. Seventeen States voting. For Vice-President, George Clinton, 113; James Madison, 3; James Monroe, Virginia, 3; John Langdon, New Hampshire, 9; Rufus King, New York, 47.
1813 to 1817.—James Madison, of Virginia, President, inaugurated March 4, 1813.
Elbridge Gerry, of Massachusetts, Vice-President, until his death, Nov. 23, 1814. He was born at Marblehead, Mass., July 17, 1744, and died at Washington, D.C.
ELECTORAL VOTE.—For President, James Madison, 128; De Witt Clinton, New York, 89.—Total, 217. Eighteen States voting. For Vice-President, Elbridge Gerry, 131; Jared Ingersoll, Pa., 86.
1817 to 1821.—James Monroe, of Virginia, President, inaugurated March 4, 1817. He was born in Westmoreland county, Va., 1759, and died in New York, July 4, 1831.
Daniel D. Tompkins, of New York, Vice-President. Born June 21, 1774, at Fox Meadows, N.Y., and died at Staten Island, June 11, 1825.
ELECTORAL VOTE.—For President, James Monroe, 183; Rufus King, 34.—Total, 221. Nineteen States voting. For Vice-President, Daniel D. Tompkins, 183; John Eager Howard, Maryland, 22; James Ross, Pennsylvania, 5; John Marshall, Virginia, 4; Robt. Goodloe Harper, Maryland, 3.
1821 to 1825.—James Monroe, President, inaugurated March 4, 1821.
Daniel D. Tompkins, Vice-President.
ELECTORAL VOTE.—For President, James Monroe, 231; John Quincy Adams, Massachusetts, 1.—Total, 232. Twenty-four States voting. For Vice-President, Daniel D. Tompkins, 218; Richard Stockton, New Jersey, 8; Robert G. Harper, 1; Richard Rush, Pennsylvania, 1; Daniel Rodney, Delaware, 1.
1825 to 1829.—John Quincy Adams, of Massachusetts, President, inaugurated March 4, 1825. He was born at Quincy, Massachusetts, July 11, 1767, and died at Washington City, Feb. 23, 1848.
John Caldwell Calhoun, of South Carolina, Vice-President. Born in Abbeville district, S.C., March 18, 1782, and died March 31, 1850, in Washington City.
POPULAR VOTE.—For President, John Quincy Adams, 105,321; Andrew Jackson, Tennessee, 152,899; Wm. H. Crawford, Georgia, 47,265; Henry Clay, Kentucky, 47,087.
ELECTORAL VOTE.—For President Andrew Jackson, 99; John Quincy Adams, 84; Wm, H. Crawford, 41; Henry Clay, 37.—Total, 261. Twenty-four States voting.
There being no choice by the Electoral colleges, the vote was taken into the House of Representatives. Adams received the votes of thirteen States, Jackson seven, and Crawford four. John Quincy Adams was therefore declared elected President.
For Vice-President, the Electoral vote was John C. Calhoun, South Carolina, 182; Nathan Sanford, New York, 30; Nathaniel Macon, Georgia, 24; Andrew Jackson, Tennessee, 13; Martin Van Buren, New York, 9; Henry Clay, Kentucky, 2.
1829 to 1833.—Andrew Jackson, of Tennessee, President, inaugurated March 4, 1829. He was born in Mecklenburg county, N.C., March 15, 1767, and died at the Hermitage, Tenn., June 8, 1845.
John Caldwell Calhoun, Vice-President, until his resignation, Dec. 28, 1832.
POPULAR VOTE.—For President, Andrew Jackson, 650,028; John Quincy Adams, 512,158.
ELECTORAL VOTE.—For President, Andrew Jackson, 178; J.Q. Adams, 83.—Total, 261. Twenty-four States voting.
For Vice-President, John C. Calhoun, 171; Richard Rush, Pennsylvania, 83; Wm, Smith, South Carolina, 7.
1833 to 1837.—Andrew Jackson, President, inaugurated March 4, 1833.
Martin Van Buren, of New York, Vice-President. He was born at Kinderhook, N.Y., Dec. 5, 1782.
POPULAR VOTE.—For President, Andrew Jackson, 687,502; Henry Clay, 550,189; Opposition, (John Floyd, Virginia, and Wm. Wirt, Maryland,) 33,108.
ELECTORAL VOTE.—For President, Andrew Jackson, 219; Henry Clay, 49; John Floyd, 11; Wm. Wirt, 7.—Total 288. Twenty-four States voting.
For Vice-President, Martin Van Buren, 189; John Sergeant, Pennsylvania, 49; William Wilkins, Pennsylvania, 30; Henry Lee, Massachusetts, 11; Amos Ellmaker, Pennsylvania, 7.
1837 to 1841.—Martin Van Buren, President, inaugurated March 4, 1837.
Richard M. Johnson, of Kentucky, Vice-President. He was born in 1780, and died Nov. 19, 1850.
POPULAR VOTE.—For President, Martin Van Buren, 762,149; Opposition, (Wm. H. Harrison, Hugh L. White, Daniel Webster, W.P. Mangum,) 736,736.
ELECTORAL VOTE.—For President, Martin Van Buren, 170; Wm. H. Harrison, Ohio, 73; Hugh L. White, Tennessee, 26; Daniel Webster, Massachusetts, 14; W.P. Mangum, 11.—Total, 294. Twenty-six States voting.
For Vice-President, Richard M. Johnson, Kentucky, 147; Francis Granger, New York, 77; John Tyler, Virginia, 47; Wm. Smith, Alabama, 23.
1841 to 1845—Wm. Henry Harrison, of Ohio, President, until his death, at Washington, April 4, 1841. He was inaugurated March 4, 1841. He was born in Berkeley county, Va., Feb. 9, 1773.
John Tyler, of Virginia, Vice-President. He was born April, 1790, at Greenway, Charles City county, Va.
John Tyler, of Virginia, became President by the death of W.H. Harrison. He took the oath of office April 6, 1841.
POPULAR VOTE.—Nov. 1840.—For President, Wm. Henry Harrison, 1,274,783; Martin Van Buren, 1,128,702; James G. Birney, New York, (Abolition,) 7,609.
ELECTORAL VOTE.—For President, W.H. Harrison, 234; M. Van Buren, 60.—Total, 294. Twenty-six States voting.
For Vice-President, John Tyler, 234; Richard M. Johnson, 48; L.W. Tazewell, South Carolina, 11; James K. Polk, Tennessee, 1.
1845 to 1849.—James Knox Polk, of Tennessee, President, inaugurated March 4, 1845. He was born in Mecklenburg county, North Carolina, Nov. 2, 1795, and died at Nashville, Tennessee, June 15, 1849.
George Mifflin Dallas, of Pennsylvania, Vice-President. Born in Philadelphia, July 10, 1792.
POPULAR VOTE.—For President, James K. Polk, 1,335,834; Henry Clay, 1,297,033; James G. Birney, 62,290.
ELECTORAL VOTE.—For President, James K. Polk, 170; Henry Clay, 105.—Total, 275. Twenty-six States voting.
For Vice-President, George M. Dallas, 170; Theodore Frelinghuysen, of New Jersey, 105.
1849 to 1853.—Zachary Taylor, of Louisiana, President, inaugurated March 4, 1849. Born in Virginia, 1784, died in Washington City, July 9, 1850.
Millard Fillmore, of New York, Vice-President. Born in Locke township, Cayuga county, N.Y., Jan. 7, 1800.
Millard Fillmore, President, after the death of Zachary Taylor, July 9, 1850. He took the oath of office, July 10, 1850.
POPULAR VOTE.—For President, Zachary Taylor, 1,362,031; Lewis Cass, of Michigan, 1,222,445; Martin Van Buren, (Free-Soil,) 291,455.
ELECTORAL VOTE.—For President, Zachary Taylor, 163; Lewis Cass, 127.—Total, 290. Thirty States voting.
For Vice-President, Millard Fillmore, 163; William O. Butler, Kentucky, 127.
1853 to 1857.—Franklin Pierce, of New Hampshire, President, inaugurated March 5, 1853. He was born at Hillsboro, N.H., Nov. 23, 1804.
William R. King, of Alabama, Vice-President. He was born in North Carolina, April 7, 1786, died at Cahawba, Ala., April 18, 1853.
POPULAR VOTE.—For President, Franklin Pierce, 1,590,490; Winfield Scott, 1,378,589; John P. Hale, New Hampshire, (Abolition,) 157,296.
ELECTORAL VOTE.—For President, Franklin Pierce, 254; Winfield Scott of New Jersey, 42.—Total, 296. Thirty-one States voting.
For Vice President, Wm. R. King, 254; Wm. A. Graham, North Carolina, 42.
1857 to 1861.—James Buchanan, of Pennsylvania, President. He was born at Stony Batter, Franklin county, Penn., April 22, 1791.
John C. Breckenridge, of Kentucky, Vice-President. Born near Lexington, Kentucky, Jan. 21, 1820.
POPULAR VOTE.—For President, James Buchanan, (Democratic.) 1,832,232; John C. Fremont, California, (Republican,) 1,341,514; Millard Fillmore, New York, (American,) 874,707.
ELECTORAL VOTE.—For President, James Buchanan, 174; John C. Fremont, 109; Millard Fillmore, 8.—Total, 291. Thirty-one States voting.
For Vice-President, John Breckenridge, 174; Wm. L. Dayton, New Jersey, 109; A.J. Donelson, Tennessee, 8.—Total, 291.
1861 to 1865.—Abraham Lincoln, of Illinois, President, inaugurated March 4, 1861. He was born near Muldraugh's Hill, Hardin county, Ky., Feb. 1809.
Hannibal Hamlin, of Maine, Vice-President. He was born at Paris, Oxford county, Me., Aug. 27, 1809.
POPULAR VOTE.—For President, Abraham Lincoln, (Republican,) 1,857,610; Stephen A. Douglas, of Illinois, (Democratic,) 1,365,976; John C. Breckenridge, of Kentucky, (Democratic,) 847,953; John Bell, of Tennessee, (Constitutional Union,) 590,631.
ELECTORAL VOTE.—For President, Abraham Lincoln, 180; John C. Breckinridge, 72; John Bell, 39; Stephen A. Douglas, 12.—Total, 291. Thirty-three States voting.
For Vice-President, Hannibal Hamlin, Maine, 180; Joseph Lane, Oregon, 72; Edward Everett, Massachusetts, 39; Herschel V. Johnson, Georgia, 12.
1865 to 1869.—Abraham Lincoln, President, inaugurated March 4, 1865.
Andrew Johnson, of Tennessee, Vice-President.
POPULAR VOTE.—For President, Abraham Lincoln, (Republican,) 3,213,035; George B. McClellan, (Democrat,) 1,811,754.
Upon the assassination of President Lincoln, April 14, 1865, Andrew Johnson, then Vice-President, assumed the Presidency, and Lafayette S. Foster, of Norwich, Conn., President of the Senate, became Vice-President.
POPULAR NAMES OF STATES.
Virginia, the Old Dominion. Massachusetts, the Bay State. Maine, the Border State. Rhode Island, Little Rhody. New York, the Empire State. New Hampshire, the Granite State. Vermont, the Green Mountain State. Connecticut, the Land of Steady Habits. Pennsylvania, the Keystone State. North Carolina, the Old North State. Ohio, the Buckeye State. South Carolina, the Palmetto State. Michigan, the Wolverine State. Kentucky, the Corn-Cracker. Delaware, the Blue Hen's Chicken. Missouri, the Puke State. Indiana, the Hoosier State. Illinois, the Sucker State. Iowa, the Hawkeye State. Wisconsin, the Badger State. Florida, the Peninsular State. Texas, the Lone Star State.
BATTLES OF THE REVOLUTION.
The following statistics show the losses of life in the various battles of the American Revolution, also the dates of the several battles:
British American Loss. Loss.
Lexington, April 15, 1775 273 84 Bunker Hill, June 17, 1775 1054 456 Flatbush, August 12, 1776 400 200 White Plains, August 26, 1776 400 400 Trenton, December 25, 1776 1000 9 Princeton, January 5, 1777 400 100 Hubbardstown, August 17, 1777 800 800 Bennington, August 16, 1777 800 100 Brandywine, September 11, 1777 500 1100 Stillwater, September 17, 1777 600 350 Germantown, October 5, 1777 600 1250 Saratoga, October 17, 1777[A] 5752 .... Red Hook, October 22, 1777 500 32 Monmouth, June 25, 1778 400 130 Rhode Island, August 27, 1778 260 214 Briar Creek, March 30, 1779 13 400 Stony Point, July 15, 1779 600 100 Camden, August 16, 1779 375 610 King's Mountain, October 1, 1780 950 66 Cowpens, January 17, 1781 800 72 Guilford C.H., March 15, 1781 532 400 Hobkirk's Hill, April 25, 1781 400 460 Eutaw Springs, September, 1781 1000 550 Yorktown, October, 1781[A] 7072 ....
Total 25,481 7913
[A] Surrendered.
NEUTRALITY LAW OF THE UNITED STATES,
AS AMENDED AND APPROVED BY CONGRESS, JULY 26, 1866.
A Bill more effectually to preserve the neutral relations of the United States.
Be it enacted, &c., That if any citizen of the United States shall, within the territory or jurisdiction thereof, accept and exercise a commission to serve a foreign prince, State, colony, district, or people in war by land or by sea against any prince, State, colony, district or people with whom the United States are at peace, the person so offending shall be deemed guilty of a misdemeanor, and shall on conviction thereof be punished by a fine of not exceeding $2,000 and imprisonment not exceeding two years, or either, at the discretion of the Court in which such offender may be convicted.
SEC. 2. And be it further enacted, That if any person shall, within the territory or jurisdiction of the United States enlist, or enter himself, or hire or retain another person to enlist or enter himself, or to go beyond the limits or jurisdiction of the United States, with intent to be enlisted or entered into the service of any foreign prince, State, colony, district or people as a soldier, or as a marine or seaman on board of any vessel-of-war, letter-of-marque or privateer, every person so offending shall be deemed guilty of a misdemeanor, and shall upon conviction therefor be punished by fine not exceeding $1,000, and imprisonment not exceeding two years, or either of them, at the discretion of the Court, in case such offender shall be convicted; provided that this act shall not be construed to extend to any subject or citizen of any foreign prince, State, colony, district or people, who shall transiently be within the United States, and shall be on board of any vessel of war, letter-of-marque or privateer, which, at the time of its arrival within the United States, was fitted and equipped as such, enlist or enter himself, and hire or retain another subject or citizen of the same foreign prince, State, colony, district or people, who is transiently in the United States, to enlist or enter himself to serve such foreign prince, State, colony, district or people, on board such vessel of war, letter-of-marque or privateer, if the United States shall then be at peace with such foreign prince, State, colony, district or people.
SEC. 3. And be it further enacted, That if any person shall within the limits of the United States fit out and arm or attempt to fit out and arm, or procure to be fitted out and armed, or shall knowingly be concerned in the furnishing, fitting out and arming of any ship or vessel with intent that such ship or vessel shall be employed in the service of any foreign prince, State, colony, district or people, to cruise or commit hostilities against the subjects, citizens or property of any foreign prince, State, or any colony, district or people with whom the United States are at peace, or shall issue or deliver a commission within the territory or jurisdiction of the United States for any ship or vessel to the intent that she may be employed as aforesaid, or shall have on board any person or persons who shall have been enlisted, or shall have engaged to enlist or serve or shall be departing from the jurisdiction of the United States with intent to enlist or serve in contravention of the provisions of this act, every person so offending shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be punished by a fine not exceeding $3,000, and imprisonment not exceeding three years, or either of them, at the discretion of the Court in which such offender shall be convicted; and every such ship and vessel, with her tackle, apparel and furniture, together with all materials, arms, ammunition and stores which may have been procured for the building and equipment thereof, shall be forfeited to the United States of America.
SEC. 4. And be it further enacted, That it shall be lawful for any Collector of the Customs who is by law empowered to make seizures for any forfeiture incurred under any of the laws of Customs, to seize such ships and vessels in such places and in such manner in which the officers of the Customs are empowered to make seizures under the law for the collection and protection of the revenue, and that every such ship and vessel, with the tackle, apparel and furniture, together with all the materials, arms, ammunition and stores which may belong to or be on board such ship or vessel, may be prosecuted or condemned for the violation of the provisions of this act in like manner as ships or vessels may be prosecuted and condemned for any breach of the laws made for the collection and protection of the revenue.
SEC. 5. And be it further enacted, That if any person shall within the territory or jurisdiction of the United States, increase or augment, or procure to be increased or augmented, or shall knowingly be concerned in increasing or augmenting the force of any ship of war, or cruiser, or other armed vessel, which at the time of her arrival within the United States was a ship of war, or cruiser, or armed vessel in the service of any foreign prince, State, colony, district or people, or belonged to the subjects or citizens of any such prince, State, colony, district or people, the same being at war with any foreign prince, State, colony, district or people with whom the United States are at peace, by adding to the number of guns of such vessel, or by changing those on board of her for guns of a larger calibre, or by addition thereto of any equipment solely applicable to war, or shall have on board any person or persons who shall have enlisted, or engaged to enlist or serve, or who shall be departing from the jurisdiction of the United States with intent to enlist or serve in contravention of the provisions of this act; every person so offending shall be deemed guilty of a misdemeanor, and shall upon conviction thereof be punished by fine or imprisonment, or either of them, at the discretion of the court in which such offender shall be convicted.
SEC. 6. And be it further enacted, That the District Courts shall take cognizance of all complaints, informations, indictments, or other prosecutions, by whomsoever instituted, in cases of captures made within the waters of the United States or within a marine league of the coasts or shores thereof.
SEC. 7. And be it further enacted, That in every case in which a vessel shall be fitted out and armed, or in which the force of any vessel of war, cruiser, or other armed vessel shall be increased or augmented, in every case of the capture of a ship or vessel within the jurisdiction or protection of the United States, as before defined, and in every case in which any process issuing out of any court of the United States shall be disobeyed or resisted by any person or persons having the custody of any vessel of war, cruiser or other, armed vessel of any prince or State, or of any colony, district or people, or of any subjects or citizens of any foreign prince, State, or of any colony, district or people in any such case, it shall be lawful for the President of the United States, or such other person as he shall have empowered for that purpose to employ such part of the land and naval forces of the United States or of the militia thereof, for the purpose of taking of and detaining any such ship or vessel with her prize or prizes, if any, in order to the execution of the prohibition or penalties of this act, and to the restoring the prize or prizes in the cases in which restoration shall have been adjudged.
SEC. 8. And be it further enacted, That it shall be lawful for the President of the United States, or such person as he shall empower for that purpose, to employ such part of the land and naval forces of the United States, or of the militia thereof, as shall be necessary to compel any foreign ship or vessel to depart the United States in all cases in which, by the laws of nations or the treaties of the United States they ought not to remain within the United States.
SEC. 9. And be it further enacted, That offences made punishable by the provisions of this act, committed by citizens of the United States, beyond the jurisdiction of the United States, may be prosecuted and tried before any court having jurisdiction of the offences prohibited by this act.
SEC. 10. And be it further enacted, That nothing in this act shall be so construed as to prohibit citizens of the United States from selling vessels, ships or steamers built within the limits thereof, or materials or munitions of war, the growth or product of the same, to inhabitants of other countries, or to Governments not at war with the United States: provided that the operation of this section of this act shall be suspended by the President of the United States with regard to any classes of purchases, whenever the United States shall be engaged in war, or whenever the maintenance of friendly relations with any foreign nation may in his judgment require it.
SEC. 11. And be it further enacted, That nothing in the foregoing act shall be construed to prevent the prosecution or punishment of treason, or any piracy or other felony defined by the laws of the United States.
SEC. 12. And be it further enacted, That all acts and parts of acts inconsistent with the provisions of this act or inflicting any further or other penalty or forfeiture than are hereinbefore provided for. The acts forbidden herein are hereby repealed.
POPULATION OF THE UNITED STATES.
STATES. 1850. 1860.
Alabama 771,623 964,296 Arkansas 209,897 435,427 California 92,597 380,015 Connecticut 370,792 460,151 Delaware 91,532 112,218 Florida 87,445 140,439 Georgia 906,185 1,057,327 Illinois 851,470 1,711,753 Indiana 988,416 1,350,479 Iowa 192,214 674,948 Kansas ... 107,710 Kentucky 982,405 1,155,713 Louisiana 517,762 709,433 Maine 583,169 628,276 Maryland 583,034 687,034 Massachusetts 994,514 1,231,065 Michigan 397,654 749,112 Minnesota 6,077 162,022 Mississippi 606,026 791,395 Missouri 682,044 1,173,317 New Hampshire 317,976 326,072 New Jersey 489,555 672,031 New York 3,097,394 3,887,542 North Carolina 869,039 992,667 Ohio 1,980,329 2,339,599 Oregon 12,093 52,464 Pennsylvania 2,311,786 2,906,370 Rhode Island 147,545 174,621 South Carolina 668,507 703,812 Tennessee 1,002,717 1,109,847 Texas 212,592 601,039 Vermont 314,120 315,116 Virginia 1,421,661 1,596,083 Wisconsin 305,391 775,873
TERRITORIES, ETC.
Colorado .... 34,197 Dakotah .... 4,839 Nebraska .... 28,842 Nevada .... 6,857 New Mexico 61,547 93,541 Utah 11,380 40,295 Washington 1,201 11,578 District of Columbia 51,687 75,076
Total 23,191,876 31,429,891
SLAVE POPULATION IN THE U.S. IN 1860.
STATES. 1850. 1860.
Alabama 342,844 435,132 Arkansas 47,100 111,104 Delaware 2,290 1,798 Florida 39,310 61,753 Georgia 381,682 462,230 Kentucky 210,981 225,490 Louisiana 244,809 332,520 Maryland 90,368 87,188 Mississippi 309,878 436,696 Missouri 87,422 114,965 North Carolina 288,548 331,081 South Carolina 384,984 402,541 Tennessee 239,459 275,784 Texas 58,161 180,388 Virginia 472,528 490,887 Nebraska (Territory) .. 10 Utah " .. 29 New Mexico " 26 24 District of Columbia 3,687 3,181
Total 3,204,077 3,952,801
STATISTICS OF SLAVERY BEFORE THE REVOLUTION.
AMERICAN SLAVERY IN 1715.
In the reign of George I., the ascertained population of the Continental Colonies was as follows:
White Men. Negro Slaves. New Hampshire 9,500 150 Massachusetts 94,000 2,000 Rhode Island 7,500 500 Connecticut 46,000 1,500 New York 27,000 4,000 Pennsylvania 43,300 2,500 New Jersey 21,000 1,500 Maryland 40,700 9,400 Virginia 72,000 23,000 North Carolina 7,500 3,700 South Carolina 6,250 10,500
Total 375,000 58,550
SPEECH OF HON. STEPHEN A. DOUGLAS.
DELIVERED AT CHICAGO, MAY 1ST, 1861.
MR. CHAIRMAN: I thank you for the kind terms in which you have been pleased to welcome me. I thank the Committee and citizens of Chicago for this grand and imposing reception. I beg you to believe that I will not do you nor myself the injustice to believe this magnificent ovation is personal homage to myself. I rejoice to know that it expresses your devotion to the Constitution, the Union, and the flag of our country. (Cheers.)
I will not conceal gratification at the uncontrovertible test this vast audience presents—that what political differences or party questions may have divided us, yet you all had a conviction that when the country should be in danger, my loyalty could be relied on. That the present danger is imminent, no man can conceal. If war must come—if the bayonet must be used to maintain the Constitution—I can say before God my conscience is clean. I have struggled long for a peaceful solution of the difficulty. I have not only tendered those States what was theirs of right, but I have gone to the very extreme of magnanimity.
The return we receive is war, armies marched upon our capital, obstructions and dangers to our navigation, letters of marque to invite pirates to prey upon our commerce, a concerted movement to blot out the United States of America from the map of the globe. The question is, Are we to maintain the country of our fathers, or allow it to be stricken down by those who, when they can no longer govern, threaten to destroy?
What cause, what excuse do disunionists give us for breaking up the best Government on which the sun of heaven ever shed its rays? They are dissatisfied with the result of a Presidential election. Did they never get beaten before? Are we to resort to the sword when we get defeated at the ballot box? I understand it that the voice of the people expressed in the mode appointed by the Constitution must command the obedience of every citizen. They assume, on the election of a particular candidate, that their rights are not safe in the Union. What evidence do they present of this? I defy any man to show any act on which it is based. What act has been omitted to be done? I appeal to these assembled thousands that so far as the constitutional rights of the Southern States, I will say the constitutional rights of slaveholders, are concerned, nothing has been done, and nothing omitted, of which they can complain.
There has never been a time from the day that Washington was inaugurated first President of these United States, when the rights of the Southern States stood firmer under the laws of the land than they do now; there never was a time when they had not as good a cause for disunion as they have to-day. What good cause have they now that has not existed under every Administration?
If they say the Territorial question—now, for the first time, there is no act of Congress prohibiting slavery anywhere. If it be the non-enforcement of the laws, the only complaints that I have heard have been of the too vigorous and faithful fulfilment of the Fugitive Slave Law. Then what reason have they?
The slavery question is a mere excuse. The election of Lincoln is a mere pretext. The present secession movement is the result of an enormous conspiracy formed more than a year since—formed by leaders in the Southern Confederacy more than twelve months ago.
They use the Slavery question as a means to aid the accomplishment of their ends. They desired the election of a Northern candidate, by a sectional vote, in order to show that the two sections cannot live together. When the history of the two years from the Lecompton charter down to the Presidential election shall be written, it will be shown that the scheme was deliberately made to break up this Union.
They desired a Northern Republican to be elected by a purely Northern vote, and then assign this fact as a reason why the sections may not longer live together. If the disunion candidate in the late Presidential contest had carried the united South, their scheme was, the Northern candidate successful, to seize the Capital last spring, and by a united South and divided North hold it. That scheme was defeated in the defeat of the disunion candidate in several of the Southern States.
But this is no time for a detail of causes. The conspiracy is now known. Armies have been raised, war is levied to accomplish it. There are only two sides to the question. Every man must be for the United States or against it. There can be no neutrals in this war; only patriots—or traitors.
Thank God, Illinois is not divided on this question. (Cheers.) I know they expected to present a united South against a divided North. They hoped in the Northern States, party questions would bring civil war between Democrats and Republicans, when the South would step in with her cohorts, aid one party to conquer the other, and then make easy prey of the victors. Their scheme was carnage and civil war in the North.
There is but one way to defeat this. In Illinois it is being so defeated by closing up the ranks. War will thus be prevented on our own soil. While there was a hope of peace, I was ready for any reasonable sacrifice or compromise to maintain it. But when the question comes of war in the cotton-fields of the South, or the corn-fields of Illinois, I say the farther off the better.
We can not close our eyes to the sad and solemn fact that war does exist. The Government must be maintained, its enemies overthrown, and the more stupendous our preparations the less the bloodshed, and the shorter the struggle. But we must remember certain restraints on our action even in time of war. We are a Christian people, and the war must be prosecuted in a manner recognized by Christian nations.
We must not invade Constitutional rights. The innocent must not suffer, nor women and children be the victims. Savages must not be let loose. But while I sanction no war on the rights of others, I will implore my countrymen not to lay down their arms until our own rights are recognized. (Cheers.)
The Constitution and its guarantees are our birthright, and I am ready to enforce that inalienable right to the last extent. We can not recognize secession. Recognize it once, and you have not only dissolved government, but you have destroyed social order—upturned the foundations of society. You have inaugurated anarchy in its worst form, and will shortly experience all the horrors of the French Revolution.
Then we have a solemn duty—to maintain the Government. The greater our unanimity, the speedier the day of peace. We have prejudices to overcome from the few short months since of a fierce party contest. Yet these must be allayed. Let us lay aside all criminations and recriminations as to the origin of these difficulties. When we shall have again a country with the United States flag floating over it, and respected on every inch of American soil, it will then be time enough to ask who and what brought all this upon us.
I have said more than I intended to say. (Cries of "Go on.") It is a sad task to discuss questions so fearful as civil war; but sad as it is, bloody and disastrous as I expect it will be, I express it as my conviction before God, that it is the duty of every American citizen to rally round the flag of his country.
I thank you again for this magnificent demonstration. By it you show you have laid aside party strife. Illinois has a proud position—United, firm, determined never to permit the Government to be destroyed. (Prolonged cheering.)
PRESIDENT LINCOLN'S FIRST CALL FOR TROOPS.
APRIL 15th, 1861.
Whereas, the laws of the United States have been for some time past, and now are, opposed, and the execution thereof obstructed, in the States of South Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana, and Texas, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by law; now, therefore, I, Abraham Lincoln, President of the United States, in virtue of the power in me vested by the Constitution and the laws, have thought fit to call forth the Militia of the several States of the Union to the aggregate number of 75,000, in order to suppress said combinations, and to cause the laws to be duly executed.
The details for this object will be immediately communicated to the State authorities through the War Department. I appeal to all loyal citizens to favor, facilitate, and aid, this effort to maintain the honor, the integrity, and existence, of our national Union, and the perpetuity of popular government, and to redress wrongs already long enough endured. I deem it proper to say that the first service assigned to the forces hereby called forth will probably be to repossess the forts, places, and property which have been seized from the Union; and in every event the utmost care will be observed, consistently with the objects aforesaid, to avoid any devastation, any destruction of, or interference with property, or any disturbance of peaceful citizens of any part of the country; and I hereby command the persons composing the combinations aforesaid, to disperse and retire peaceably to their respective abodes, within twenty days from this date.
Deeming that the present condition of public affairs presents an extraordinary occasion, I do hereby, in virtue of the power in me vested by the Constitution, convene both houses of Congress. The Senators and Representatives are, therefore, summoned to assemble at their respective chambers at twelve o'clock, noon, on Thursday, the fourth day of July next, then and there to consider and determine such measures as, in their wisdom, the public safety and interest may seem to demand.
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 fifteenth day of April, in the year of our Lord, one thousand eight hundred and sixty-one, and of the independence of the United States the eighty-fifth.
ABRAHAM LINCOLN.
By the President. WILLIAM H. SEWARD, Secretary of State.
TOTAL NUMBER OF TROOPS CALLED INTO SERVICE DURING THE REBELLION.
The various calls of the President for men were as follows:
1861,—3 months' men, 75,000 1861,—3 years' men, 500,000 1862,—3 years' men, 300,000 1862,—9 months' men, 300,000 1864,—3 years' men, February, 500,000 1864,—3 years' men, March, 200,000 1864,—3 years' men, July, 500,000 1864,—3 years' men, December, 300,000
Total, 2,675,000
These do not include the militia that were brought into service during the various invasions of Lee's armies into Maryland and Pennsylvania.
RESOLUTIONS OF THE N.Y. CHAMBER OF COMMERCE.
SUSTAINING THE FEDERAL GOVERNMENT AND URGING A STRICT BLOCKADE OF SOUTHERN PORTS, APRIL 19TH, 1861.
Whereas, Our country has, in the course of events, reached a crisis unprecedented in its past history, exposing it to extreme dangers, and involving the most momentous results; and Whereas, The President of the United States has, by his Proclamation, made known the dangers which threaten the stability of Government, and called upon the people to rally in support of the Constitution and laws; and Whereas, The merchants of New York, represented in this Chamber, have a deep stake in the results which may flow from the present exposed state of national affairs, as well as a jealous regard for the honor of that flag under whose protection they have extended the commerce of this city to the remotest part of the world; therefore,
Resolved, That this Chamber, alive to the perils which have been gathering around our cherished form of Government and menacing its overthrow, has witnessed with lively satisfaction the determination of the President to maintain the Constitution and vindicate the supremacy of Government and law at every hazard. (Cheers.)
Resolved, That the so-called secession of some of the Southern States having at last culminated in open war against the United States, the American people can no longer defer their decision between anarchy or despotism on the one side, and on the other liberty, order, and law under the most benign Government the world has ever known.
Resolved, That this Chamber, forgetful of past differences of political opinion among its members, will, with unanimity and patriotic ardor, support the Government in this great crisis: and it hereby pledges its best efforts to sustain its credit and facilitate its financial operations. It also confidently appeals to all men of wealth to join in these efforts. (Applause.)
Resolved, That while deploring the advent of civil war which has been precipitated on the country by the madness of the South, the Chamber is persuaded that policy and humanity alike demand that it should be met by the most prompt and energetic measures; and it accordingly recommends to Government the instant adoption and prosecution of a policy so vigorous and resistless, that it will crush out treason now and forever. (Applause.)
Resolved, That the proposition of Mr. Jefferson Davis to issue letters of marque to whosoever may apply for them, emanating from no recognized Government, is not only without the sanction of public law, but piratical in its tendencies, and therefore deserving the stern condemnation of the civilized world. It cannot result in the fitting out of regular privateers, but may, in infesting the ocean with piratical cruisers, armed with traitorous commissions, to despoil our commerce and that of all other maritime nations. (Applause.)
Resolved, That in view of this threatening evil, it is, in the opinion of this Chamber, the duty of our Government to issue at once a proclamation, warning all persons, that privateering under the commissions proposed will be dealt with as simple piracy. It owes this duty not merely to itself, but to other maritime nations, who have a right to demand that the United States Government shall promptly discountenance every attempt within its borders to legalize piracy. It should, also, at the earliest moment, blockade every Southern port, so as to prevent the egress and ingress of such vessels. (Immense applause.)
Resolved, That the Secretary be directed to send copies of these resolutions to the Chambers of Commerce of other cities, inviting their co-operation in such measures as may be deemed effective in strengthening the hands of Government in this emergency.
Resolved, That a copy of these resolutions, duly attested by the officers of the Chamber, be forwarded to the President of the United States.
BLOCKADE RESOLUTIONS.
Whereas, War against the Constitution and Government of these United States has been commenced, and is carried on by certain combinations of individuals, assuming to act for States at the South claiming to have seceded from the United States; and
Whereas, Such combinations have officially promulgated an invitation for the enrollment of vessels, to act under their authorization, and as so-called "privateers," against the flag and commerce of the United States; therefore,
Resolved, by the Chamber of Commerce of the State of New York, That the United States Government be recommended and urged to blockade the ports of such States, or any other State that shall join them, and that this measure is demanded for defence in war, as also for protection to the commerce of the United States against these so-called "privateers" invited to enrol under the authority of such States.
Resolved, That the Chamber of Commerce of the State of New York pledges its hearty and cordial support to such measures as the Government of the United States may, in its wisdom, inaugurate and carry through in the blockade of such ports.
A PROCLAMATION,
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA, BLOCKADING THE SOUTHERN PORTS.
Whereas an insurrection against the Government of the United States has broken out in the States of South Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana, and Texas, and the laws of the United States for the collection of the revenue can not be efficiently executed therein conformably to that provision of the Constitution which requires duties to be uniform throughout the United States:
And Whereas a combination of persons, engaged in such insurrection, have threatened to grant pretended letters of marque to authorize the bearers thereof to commit assaults on the lives, vessels, and property of good citizens of the country lawfully engaged in commerce on the high seas, and in waters of the United States:
And Whereas an Executive Proclamation has been already issued, requiring the persons engaged in these disorderly proceedings to desist therefrom, calling out a militia force for the purpose of repressing the same, and convening Congress in extraordinary session to deliberate and determine thereon:
Now, therefore, I, Abraham Lincoln, President of the United States, with a view to the same purposes before mentioned, and to the protection of the public peace, and the lives and property of quiet and orderly citizens pursuing their lawful occupations, until Congress shall have assembled and deliberated on the said unlawful proceedings, or until the same shall have ceased, have further deemed advisable to set on foot a Blockade of the ports within the States aforesaid, in pursuance of the laws of the United States and of the laws of nations in such cases provided. For this purpose a competent force will be posted so as to prevent entrance and exit of vessels from the ports aforesaid. If, therefore, with a view to violate such Blockade, a vessel shall approach, or shall attempt to leave any of the said ports, she will be duly warned by the Commander of one of the blockading vessels, who will endorse on her register the fact and date of such warning; and if the same vessel shall again attempt to enter or leave the blockaded port, she will be captured and sent to the nearest convenient port, for such proceedings against her and her cargo as prize as may be deemed advisable.
And I hereby proclaim and declare, that if any person, under the pretended authority of said States, or under any other pretence, shall molest a vessel of the United States, or the persons or cargo on board of her, such person will be held amenable to the laws of the United States for the prevention and punishment of piracy.
ABRAHAM LINCOLN.
By the President. WILLIAM H. SEWARD, Secretary of State.
WASHINGTON, April 19, 1861.
THE EMANCIPATION PROCLAMATION.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
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, and will do no act or acts to repress 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 thereof 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 State 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 and 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 proclaim 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 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 Berkley, 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-defence, and I recommend to them that in all cases, when allowed, they labor faithfully for reasonable wages.
And I further declar 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 act, sincerely believed to be an act of justice, warranted by the Consitution, upon military necessity, I invoke the considerate judgment of mankind and the gracious favor of Almighty God.
In testimony whereof I have hereunto set my name, 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 [L.S.] thousand eight hundred and sixty-three, and of the Independence of the United States the eighty-seventh.
ABRAHAM LINCOLN.
By the President. WILLIAM H. SEWARD, Secretary of State.
THE CONFISCATION ACT.
TO CONFISCATE PROPERTY USED FOR INSURRECTIONARY PURPOSES.
Be it enacted, etc., That if, during the present or any future insurrection against the Government of the United States, after the President of the United States shall have declared, by proclamation, that the laws of the United States are opposed, and the execution thereof obstructed, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the power vested in the marshals by law, any person or persons, his, her, or their agent, attorney, or employee, shall purchase or acquire, sell or give any property of whatsoever kind or description, with intent to use or employ the same, or suffer the same to be used or employed, in aiding, abetting, or promoting such insurrection or resistance to the laws, or any person or persons engaged therein; or if any person or persons, being the owner or owners of any such property, shall knowingly use or employ, or consent to the use or employment of the same as aforesaid, all such property is hereby declared to be lawful subject of prize and capture wherever found; and it shall be the duty of the President of the United States to cause the same to be seized, confiscated, and condemned.
SEC. 2. Such prizes and capture shall be condemned in the district or circuit court of the United States, having jurisdiction of the amount, or in admiralty in any district in which the same may be seized, or into which they may be taken and proceedings first instituted.
SEC. 3. The Attorney-General, or any district attorney of the United States in which said property may at the time be, may institute the proceedings of condemnation, and in such case they shall be wholly for the benefit of the United States; or any person may file an information with such attorney, in which case the proceedings shall be for the use of such informer and the United States in equal parts.
SEC. 4. Whenever hereafter, during the present insurrection against the Government of the United States, any person claimed to be held to labor or service under the law of any State, shall be required or permitted by the person to whom such labor or service is claimed to be due, or by the lawful agent of such persons, to take up arms against the United States, or shall be required or permitted by the person to whom such labor or service is claimed to be due, or his lawful agent, to work or to be employed in or upon any fort, navy yard, dock, armory, ship, intrenchment, or in any military or naval service whatsoever, against the Government and lawful authority of the United States, then, and in every such case, the person to whom such labor or service is claimed to be due, shall forfeit his claim to such labor, any law of the State or of the United States to the contrary notwithstanding. And whenever thereafter the person claiming such labor or service shall seek to enforce his claim, it shall be a full and sufficient answer to such claim that the person whose service or labor is claimed had been employed in the hostile service against the Government of the United States, contrary to the provisions of this act.
FIRST INAUGURAL ADDRESS OF PRESIDENT LINCOLN
MARCH 4TH, 1861.
Fellow-Citizens of the United States:
In compliance with a custom as old as the Government itself, I appear before you to address you briefly, and to take, in your presence, the oath prescribed by the Constitution of the United States to be taken by the President, before he enters on the execution of his office.
I do not consider it necessary, at present, for me to discuss those matters of administration about which there is no special anxiety or excitement. Apprehension seems to exist among the people of the Southern States, that, by the accession of a Republican Administration, their property and their peace and personal security are to be endangered. There has never been any reasonable cause for such apprehension. Indeed, the most ample evidence to the contrary has all the while existed, and been open to their inspection. It is found in nearly all the published speeches of him who now addresses you. I do but quote from one of those speeches, when I declare that "I have no purpose, directly or indirectly, to interfere with the institution of slavery in the States where it exists." I believe I have no lawful right to do so; and I have no inclination to do so. Those who nominated and elected me, did so with the full knowledge that I had made this, and made many similar declarations, and had never recanted them. And, more than this, they placed in the platform, for my acceptance, and as a law to themselves and to me, the clear and emphatic resolution which I now read:
"Resolved, That the maintenance inviolate of the rights of the States, and especially the right 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 depend; and we denounce the lawless invasion by armed force of the soil of any State or Territory, no matter under what pretext, as among the gravest of crimes."
I now reiterate these sentiments; and in doing so I only press upon the public attention the most conclusive evidence of which the case is susceptible, that the property, peace, and security of no section are to be in anywise endangered by the now incoming Administration.
I add, too, that all the protection which, consistently with the Constitution and the laws, can be given will be cheerfully given to all the States when lawfully demanded, for whatever cause, as cheerfully to one section as to another.
There is much controversy about the delivering up of fugitives from service or labor. The clause I now read is as plainly written in the Constitution as any other of its provisions:
"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."
It is scarcely questioned that this provision was intended by those who made it for the reclaiming of what we call fugitive slaves; and the intention of the lawgiver is the law.
All members of Congress swear their support to the whole Constitution—to this provision as well as any other. To the proposition, then, that slaves whose cases come within the terms of this clause "shall be delivered up," their oaths are unanimous. Now, if they would make the effort in good temper, could they not, with nearly equal unanimity, frame and pass a law by means of which to keep good that unanimous oath?
There is some difference of opinion whether this clause should be enforced by National or by State authority; but surely that difference is not a very material one. If the slave is to be surrendered, it can be of but little consequence to him or to others by which authority it is done; and should any one, in any case, be content that this oath shall go unkept on a merely unsubstantial controversy as to how it shall be kept?
Again, in any law upon this subject, ought not all the safeguards of liberty known in the civilized and humane jurisprudence to be introduced, so that a free man be not, in any case, surrendered as a slave? And might it not be well at the same time to provide by law for the enforcement of that clause in the Constitution which guaranties that "the citizens of each State shall be entitled to all the privileges and immunities of citizens of the several States?"
I take the official oath to-day with no mental reservations, and with no purpose to construe the Constitution or laws by any hypercritical rules; and while I do not choose now to specify particular acts of Congress as proper to be enforced, I do suggest that it will 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.
It is seventy-two years since the first inauguration of a President under our national Constitution. During that period fifteen different and very distinguished citizens have in succession administered the executive branch of the government. They have conducted it through many perils, and generally with great success. Yet, with all this scope for precedent, I now enter upon the same task, for the brief constitutional term of four years, under great and peculiar difficulties.
A disruption of the Federal Union, heretofore only menaced, is now formidably attempted. I hold that in the contemplation of universal law and of the Constitution, the Union of these States is perpetual. Perpetuity is implied, if not expressed, in the fundamental law of all national governments. It is safe to assert that no government proper ever had a provision in its organic law for its own termination. Continue to execute all the express provisions of our national Constitution, and the Union will endure forever, it being impossible to destroy it, except by some action not provided for in the instrument itself.
Again, if the United States be not a government proper, but an association of States in the nature of a contract merely, can it, as a contract, be peaceably unmade by less than all the parties who made it? One party to a contract may violate it—break it, so to speak; but does it not require all to lawfully rescind it? Descending from these general principles we find the proposition that in legal contemplation the Union is perpetual, confirmed by the history of the Union itself.
The Union is much older than the Constitution. It was formed, in fact, by the Articles of Association in 1774. It was matured and continued in the Declaration of Independence in 1776. It was further matured, and the faith of all the then thirteen States expressly plighted and engaged that it should be perpetual, by the Articles of Confederation, in 1778; and, finally, in 1787, one of the declared objects for ordaining and establishing the Constitution was to form a more perfect Union. But if the destruction of the Union by one or by a part only of the States be lawfully possible, the Union is less than before, the Constitution having lost the vital element of perpetuity.
It follows from these views that no State, upon its own mere motion, can lawfully get out of the Union; that resolves and ordinances to that effect, are legally void; and that acts of violence within any State or States against the authority of the United States, are insurrectionary or revolutionary, according to circumstances.
I therefore consider that, in view of the Constitution and the laws, the Union is unbroken, and, to the extent of my ability, I shall take care, as the Constitution itself expressly enjoins upon me, that the laws of the Union shall be faithfully executed in all the States. Doing this, which I deem to be only a simple duty on my part, I shall perfectly perform it, so far as is practicable, unless my rightful masters, the American people, shall withhold the requisition, or in some authoritative manner direct the contrary.
I trust this will not be regarded as a menace, but only as the declared purpose of the Union that it will constitutionally defend and maintain itself.
In doing this there need be no bloodshed or violence, and there shall be none unless it is forced upon the national authority.
The power confided to me will be used to hold, occupy, and possess the property and places belonging to the Government, and collect the duties and imposts; but beyond what may be necessary for these objects there will be no invasion, no using of force against or among the people anywhere.
Where hostility to the United States shall be so great and so universal as to prevent competent resident citizens from holding the Federal offices, there will be no attempt to force obnoxious strangers among the people that object. While the strict legal right may exist of the Government to enforce the exercise of these offices, the attempt to do so would be so irritating, and so nearly impracticable withal, that I deem it better to forego for the time the uses of such offices.
The mails, unless repelled, will continue to be furnished in all parts of the Union.
So far as possible, the people everywhere shall have that sense of perfect security which is most favorable to calm thought and reflection.
The course here indicated will be followed, unless current events and experience shall show a modification or change to be proper; and in every case and exigency my best discretion will be exercised according to the circumstances actually existing, and with a view and hope of a peaceful solution of the national troubles, and the restoration of fraternal sympathies and affections.
That there are persons, in one section or another, who seek to destroy the Union at all events, and are glad of any pretext to do it, I will neither affirm nor deny. But if there be such, I need address no word to them.
To those, however, who really love the Union, may I not speak, before entering upon so grave a matter as the destruction of our national fabric, with all its benefits, its memories, and its hopes? Would it not be well to ascertain why we do it? Will you hazard so desperate a step, while any portion of the ills you fly from, have no real existence? Will you, while the certain ills you fly to, are greater than all the real ones you fly from? Will you risk the commission of so fearful a mistake? All profess to be content in the Union if all constitutional rights can be maintained. Is it true, then, that any right, plainly written in the Constitution has been denied? I think not. Happily the human mind is so constituted, that no party can reach to the audacity of doing this.
Think, if you can, of a single instance in which a plainly-written provision of the Constitution has ever been denied. If, by the mere force of numbers, a majority should deprive a minority of any clearly-written constitutional right, it might, in a moral point of view, justify revolution; it certainly would, if such right were a vital one. But such is not our case.
All the vital rights of minorities and of individuals are so plainly assured to them by affirmations and negations, guaranties and prohibitions in the Constitution, that controversies never arise concerning them. But no organic law can ever be framed with a provision specifically applicable to every question which may occur in practical administration. No foresight can anticipate, nor any document of reasonable length contain, express provisions for all possible questions. Shall fugitives from labor be surrendered by national or by State authorities? The Constitution does not expressly say. Must Congress protect slavery in the Territories? The Constitution does not expressly say. From questions of this class, spring all our constitutional controversies, and we divide upon them into majorities and minorities.
If the minority will not acquiesce, the majority must, or the government must cease. There is no alternative for continuing the government but acquiescence on the one side or the other. If a minority in such a case, will secede rather than acquiesce, they make a precedent which in turn will ruin and divide them, for a minority of their own will secede from them whenever a majority refuses to be controlled by such a minority. For instance, why not any portion of a new confederacy, a year or two hence, arbitrarily secede again, precisely as portions of the present Union now claim to secede from it? All who cherish disunion sentiments are now being educated to the exact temper of doing this. Is there such perfect identity of interests among the States to compose a new Union as to produce harmony only, and prevent renewed secession? Plainly, the central idea of secession is the essence of anarchy.
A majority held in restraint by constitutional check and limitation, and always changing easily with deliberate changes of popular opinions and sentiments, is the only true sovereign of a free people. Whoever rejects it, does, of necessity, fly to anarchy or to despotism. Unanimity is impossible; and the rule of a majority, as a permanent arrangement, is wholly inadmissible. So that, rejecting the majority principle, anarchy or despotism in some form is all that is left.
I do not forget the position assumed by some that constitutional questions are to be decided by the Supreme Court, nor do I deny that such decisions must be binding in any case upon the parties to a suit, as to the object of that suit, while they are also entitled to very high respect and consideration in all parallel cases by all other departments of the government; and while it is obviously possible that such decision may be erroneous in any given case, still the evil effect following it, being limited to that particular case, with the chance that it may be overruled and never become a precedent for other cases, can better be borne than could the evils of a different practice.
At the same time the candid citizen must confess that if the policy of the government upon the vital questions affecting the whole people is to be irrevocably fixed by the decisions of the Supreme Court, the instant they are made, as in ordinary litigation between parties in personal actions, the people will have ceased to be their own masters, unless having to that extent practically resigned their government into the hands of that eminent tribunal.
Nor is there in this view any assault upon the court or the judges. It is a duty from which they may not shrink, to decide cases properly brought before them; and it is no fault of theirs if others seek to turn their decisions into political purposes. One section of our country believes slavery is right and ought to be extended, while the other believes it is wrong and ought not to be extended; and this is the only substantial dispute; and the fugitive slave clause of the Constitution, and the law for the suppression of the foreign slave trade, are each as well enforced, perhaps, as any law can ever be in a community where the moral sense of the people imperfectly supports the law itself. The great body of the people abide by the dry legal obligation in both cases, and a few break over in each. This, I think, cannot be perfectly cured, and it would be worse in both cases after the separation of the sections than before. The foreign slave trade, now imperfectly suppressed, would be ultimately revived, without restriction, in one section; while fugitive slaves, now only partially surrendered, would not be surrendered at all by the other.
Physically speaking we cannot separate—we cannot remove our respective sections from each other, nor build an impassable wall between them. A husband and wife may be divorced, and go out of the presence and beyond the reach of each other, but the different sections of our country cannot do this. They cannot but remain face to face; and intercourse, either amicable or hostile, must continue between them. Is it possible, then, to make that intercourse more advantageous or more satisfactory after separation than before? Can aliens make treaties easier than friends can make laws? Can treaties be more faithfully enforced between aliens than laws can among friends? Suppose you go to war, you cannot fight always; and when, after much loss on both sides and no gain on either, you cease fighting, the identical questions as to terms of intercourse are again upon you.
This country, with its institutions, belongs to the people who inhabit it. Whenever they shall grow weary of the existing government, they can exercise their constitutional right of amending, or their revolutionary right to dismember or overthrow it. I cannot be ignorant of the fact that many worthy and patriotic citizens are desirous of having the national Constitution amended. While I make no recommendation of amendment, I fully recognize the full authority of the people over the whole subject, to be exercised in either of the modes prescribed in the instrument itself, and I should, under existing circumstances, favor, rather than oppose, a fair opportunity being afforded the people to act upon it.
I will venture to add, that to me the convention mode seems preferable, in that it allows amendments to originate with the people themselves, instead of only permitting them to take or reject propositions originated by others not especially chosen for the purpose, and which might not be precisely such as they would wish either to accept or refuse. I understand that a proposed amendment to the Constitution (which amendment, however, I have not seen) has passed Congress, to the effect that the Federal Government shall never interfere with the domestic institutions of States, including that of persons held to service. To avoid misconstruction of what I have said, I depart from my purpose not to speak of particular amendments, so far as to say that, holding such a provision to now be implied constitutional law, I have no objection to its being made express and irrevocable.
The chief magistrate derives all his authority from the people, and they have conferred none upon him to fix the terms for the separation of the States. The people themselves, also, can do this if they choose, but the Executive, as such, has nothing to do with it. His duty is to administer the present government as it came to his hands, and to transmit it unimpaired by him to his successor. Why should there not be a patient confidence in the ultimate justice of the people? Is there any better or equal hope in the world? In our present differences is either party without faith of being in the right? If the Almighty Ruler of nations, with his eternal truth and justice, be on your side of the North, or on yours of the South, that truth and that justice will surely prevail by the judgment of this great tribunal, the American people. By the frame of the Government under which we live, this same people have wisely given their public servants but little power for mischief, and have with equal wisdom provided for the return of that little to their own hands at very short intervals. While the people retain their virtue and vigilance, no administration, by any extreme wickedness or folly, can very seriously injure the Government in the short space of four years.
My countrymen, one and all, think calmly and well upon this whole subject. Nothing valuable can be lost by taking time.
If there be an object to hurry any of you, in hot haste, to a step which you would never take deliberately, that object will be frustrated by taking time; but no good object can be frustrated by it.
Such of you as are now dissatisfied still have the old Constitution unimpaired, and on the sensitive point, the laws of your own framing under it; while the new administration will have no immediate power, if it would, to change either.
If it were admitted that you who are dissatisfied hold the right side in the dispute, there is still no single reason for precipitate action. Intelligence, patriotism, Christianity, and a firm reliance on Him who has never yet forsaken this favored land, are still competent to adjust, in the best way, all our present difficulties.
In your hands, my dissatisfied fellow-countrymen, and not in mine, is the momentous issue of civil war. The government will not assail you.
You can have no conflict without being yourselves the aggressors. You have no oath registered in Heaven to destroy the government; while I shall have the most solemn one to "preserve, protect, and defend it."
I am loath to close. We are not enemies, but friends. We must not be enemies. Though passion may have strained, it must not break our bonds of affection.
The mystic cords of memory, stretching from every battle-field and patriot grave to every living heart and hearthstone all over this broad land, will yet swell the chorus of the Union, when again touched, as surely they will be, by the better angels of our nature.
THE BALANCE SHEET OF THE GOVERNMENT,
BEFORE AND SINCE THE WAR, 1859 AND 1865.
The receipts into the Treasury during the fiscal year ending June 30, 1859, were as follows:
From Customs $49,565,824 38 From Public Lands 1,756,687 30 From Miscellaneous Sources 2,082,559 33 From Treasury Notes 9,667,400 00 From Loans 18,620,000 00 Aggregate resources for the year ending June 30, 1859 $88,090,787 11
Which amount was expended as follows:
Civil, Foreign and Miscellan's $23,635,820 94 Interior (Indians and Pensions), 4,753,972 60 War Department 23,243,822 38 Navy Department 14,712,610 21 Public Debt 17,405,285 44
Total expenses for the year $83,751,511 57 Balance in Treasury July 1, 1859 4,339,275 54
The receipts into the Treasury during the fiscal year ending June 30, 1865, was $1,898,532,533 24, of which were received:
From loans applied to expenses $864,863,499 17 From loans applied to Public Debt 607,361,241 68 From Internal Revenue 209,464,215 25
Expenditures for the year $1,897,674,224 09 War Department charged with 1,031,323,360 79 Balance in Treasury July 1, 1865 858,309 15 Total increase of Public Debt during the year 941,902,537 04
PRESIDENT LINCOLN'S SECOND AND LAST INAUGURAL ADDRESS.
MARCH 4, 1865.
FELLOW-COUNTRYMEN: At this second appearing to take the oath of the Presidential office, there is less occasion for an extended address than there was at the first. Then a statement, somewhat in detail, of a course to be pursued seemed very fitting and proper. Now, at the expiration of four years, during which public declarations have been constantly called forth on every point and phase of the great contest which still absorbs the attention and engrosses the energies of the nation, little that is new could be presented.
The progress of our arms, upon which all else chiefly depends, is as well known to the public as to myself, and it is, I trust reasonably satisfactory and encouraging to all. With high hope for the future, no prediction in regard to it is ventured.
On the occasion corresponding to this four years ago, all thoughts were anxiously directed to an impending civil war. All dreaded it; all sought to avoid it. While the inaugural address was being delivered from this place, devoted altogether to saving the Union without war, insurgent agents were in the city seeking to destroy it without war—seeking to dissolve the Union and divide the effects by negotiation. Both parties deprecated war, but one of them would make war rather than let the nation survive; and the other would rather accept war than let it perish, and the war came.
One-eighth of the whole population were colored slaves, not distributed generally over the Union, but localized in the Southern part of it. These slaves constituted a peculiar and powerful interest. All knew that this interest was somehow the cause of the war. To strengthen, perpetuate, and extend this interest, was the object for which the insurgents would rend the Union even by war, while the Government claimed no right to do more than to restrict the territorial enlargement of it.
Neither party expected for the war the magnitude or the duration which it has already attained. Neither anticipated that the cause of the conflict might cease with, or even before the conflict itself should cease. Each looked for an easier triumph, and a result less fundamental and astounding.
Both read the same Bible, and pray to the same God; and each invoke his aid against the other. It may seem strange that any men should dare to ask a just God's assistance in wringing their bread from the sweat of other men's faces; but let us judge not, that we be not judged. The prayers of both could not be answered. That of neither has been answered fully. The Almighty has his own purposes. "Woe unto the world because of offences, for it must needs be that offences come; but woe to that man by whom the offence cometh." If we shall suppose that American slavery is one of these offences, 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 the woe due to those by whom the offence came, shall we discern therein any departure from those divine attributes which the believers in a living God always ascribe to him? Fondly do we hope, fervently do we pray, that this mighty scourge of war may soon pass away. Yet, if God wills that it continue until all the wealth piled by the bondman's two hundred and fifty years of unrequited toil shall be sunk, and until every drop of blood drawn with the lash, shall be paid with another drawn by the sword; as was said three thousand years ago, so still it must be said, "The judgments of the Lord are true and righteous altogether."
With malice toward none, with charity to all, with firmness in the right, as God gives us to see the right, let us strive on to finish the work we are in; to bind up the nation's wounds; to care for him who shall have borne the battle, and for his widow and his orphans; to do all which may achieve and cherish a just and a lasting peace among ourselves and with all nations.
PRESIDENT LINCOLN'S PROCLAMATION OF AMNESTY.
ACCOMPANYING THE PRESIDENT'S MESSAGE, DECEMBER 8, 1863.
WHEREAS, in and by the Constitution of the United States, it is provided that the President "shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment;" and whereas a rebellion now exists whereby the loyal State governments of several States have for a long time been subverted, and many persons have committed and are now guilty of treason against the United States; and whereas, with reference to said rebellion and treason, laws have been enacted by Congress declaring forfeitures and confiscation of property and liberation of slaves, all upon terms and conditions therein stated; and also declaring that the President was thereby authorized at any time thereafter, by proclamation, to extend to persons who may have participated in the existing rebellion, in any State or part thereof, pardon and amnesty, with such exceptions and at such times and on such conditions as he may deem expedient for the public welfare; and whereas the congressional declaration for limited and conditional pardon accords with well established judicial exposition of the pardoning power; and whereas, with reference to said rebellion, the President of the United States has issued several proclamations with provisions in regard to the liberation of slaves; and whereas it is now desired by some persons heretofore engaged in said rebellion to resume their allegiance to the United States, and to reinaugurate loyal State governments within and for their respective States: Therefore, |
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