p-books.com
The Papers And Writings Of Abraham Lincoln, Complete - Constitutional Edition
by Abraham Lincoln
Previous Part     1 ... 16  17  18  19  20  21  22  23  24  25  26  27  28 ... 35     Next Part
Home - Random Browse

Unquestionably the States have the powers and rights reserved to them in and by the national Constitution; but among these surely are not included all conceivable powers, however mischievous or destructive, but, at most, such only as were known in the world at the time as governmental powers; and certainly a power to destroy the government itself had never been known as a governmental, as a merely administrative power. This relative matter of national power and State rights, as a principle, is no other than the principle of generality and locality. Whatever concerns the whole should be confided to the whole—to the General Government; while whatever concerns only the State should be left exclusively to the State. This is all there is of original principle about it. Whether the national Constitution in defining boundaries between the two has applied the principle with exact accuracy, is not to be questioned. We are all bound by that defining, without question.

What is now combated is the position that secession is consistent with the Constitution—is lawful and peaceful. It is not contended that there is any express law for it; and nothing should ever be implied as law which leads to unjust or absurd consequences. The nation purchased with money the countries out of which several of these States were formed. Is it just that they shall go off without leave and without refunding? The nation paid very large sums (in the aggregate, I believe, nearly a hundred millions) to relieve Florida of the aboriginal tribes. Is it just that she shall now be off without consent or without making any return? The nation is now in debt for money applied to the benefit of these so-called seceding States in common with the rest. Is it just either that creditors shall go unpaid or the remaining States pay the whole? A part of the present national debt was contracted to pay the old debts of Texas. Is it just that she shall leave and pay no part of this herself?

Again, if one State may secede, so may another; and when all shall have seceded, none is left to pay the debts. Is this quite just for creditors? Did we notify them of this sage view of ours when we borrowed their money? If we now recognize this doctrine by allowing the seceders to go in peace, it is difficult to see what we can do if others choose to go or to extort terms upon which they will promise to remain.

The seceders insist that our Constitution admits of secession. They have assumed to make a national constitution of their own, in which of necessity they have either discarded or retained the right of secession as they insist it exists in ours. If they have discarded it, they thereby admit that on principle it ought not to be in ours. If they have retained it, by their own construction of ours, they show that to be consistent they must secede from one another whenever they shall find it the easiest way of settling their debts, or effecting any other selfish or unjust object. The principle itself is one of disintegration and upon which no government can possibly endure.

If all the States save one should assert the power to drive that one out of the Union, it is presumed the whole class of seceder politicians would at once deny the power and denounce the act as the greatest outrage upon State rights. But suppose that precisely the same act, instead of being called "driving the one out," should be called "the seceding of the others from that one," it would be exactly what the seceders claim to do, unless, indeed, they make the point that the one, because it is a minority, may rightfully do what the others, because they are a majority, may not rightfully do. These politicians are subtle and profound on the rights of minorities. They are not partial to that power which made the Constitution and speaks from the preamble calling itself "We, the People."

It may well be questioned whether there is to-day a majority of the legally qualified voters of any State except perhaps South Carolina in favor of disunion. There is much reason to believe that the Union men are the majority in many, if not in every other one, of the so-called seceded States. The contrary has not been demonstrated in any one of them. It is ventured to affirm this even of Virginia and Tennessee; for the result of an election held in military camps, where the bayonets are all on one side of the question voted upon, can scarcely be considered as demonstrating popular sentiment. At such an election, all that large class who are at once for the Union and against coercion would be coerced to vote against the Union.

It may be affirmed without extravagance that the free institutions we enjoy have developed the powers and improved the condition of our whole people beyond any example in the world. Of this we now have a striking and an impressive illustration. So large an army as the government has now on foot was never before known without a soldier in it but who has taken his place there of his own free choice. But more than this, there are many single regiments whose members, one and another, possess full practical knowledge of all the arts, sciences, professions, and whatever else, whether useful or elegant, is known in the world; and there is scarcely one from which there could not be selected a President, a Cabinet, a Congress, and perhaps a court, abundantly competent to administer the government itself. Nor do I say this is not true also in the army of our late friends, now adversaries in this contest; but if it is, so much better the reason why the government which has conferred such benefits on both them and us should not be broken up. Whoever in any section proposes to abandon such a government would do well to consider in deference to what principle it is that he does it; what better he is likely to get in its stead; whether the substitute will give, or be intended to give, so much of good to the people. There are some foreshadowings on this subject. Our adversaries have adopted some declarations of independence in which, unlike the good old one, penned by Jefferson, they omit the words "all men are created equal." Why? They have adopted a temporary national constitution, in the preamble of which, unlike our good old one, signed by Washington, they omit "We, the People," and substitute, "We, the deputies of the sovereign and independent States." Why? Why this deliberate pressing out of view the rights of men and the authority of the people?

This is essentially a people's contest. On the side of the Union it is a struggle for maintaining in the world that form and substance of government whose leading object is to elevate the condition of men to lift artificial weights from all shoulders; to clear the paths of laudable pursuit for all; to afford all an unfettered start, and a fair chance in the race of life. Yielding to partial and temporary departures, from necessity; this is the leading object of the government for whose existence we contend.

I am most happy to believe that the plain people understand and appreciate this. It is worthy of note that, while in this the government's hour of trial large numbers of those in the army and navy who have been favored with the offices have resigned and proved false to the hand which had pampered them, not one common soldier or common sailor is known to have deserted his flag.

Great honor is due to those officers who remained true, despite the example of their treacherous associates; but the greatest honor, and most important fact of all, is the unanimous firmness of the common soldiers and common sailors. To the last man, so far as known, they have successfully resisted the traitorous efforts of those whose commands, but an hour before, they obeyed as absolute law. This is the patriotic instinct of the plain people. They understand, without an argument, that the destroying of the government which was made by Washington means no good to them.

Our popular government has often been called an experiment. Two points in it our people have already settled—the successful establishing and the successful administering of it. One still remains—its successful maintenance against a formidable internal attempt to overthrow it. It is now for them to demonstrate to the world that those who can fairly carry an election can also suppress a rebellion; that ballots are the rightful and peaceful successors of bullets; and that when ballots have fairly and constitutionally decided, there can be no successful appeal back to bullets; that there can be no successful appeal, except to ballots themselves, at succeeding elections. Such will be a great lesson of peace: teaching men that what they cannot take by an election, neither can they take it by a war; teaching all the folly of being the beginners of a war.

Lest there be some uneasiness in the minds of candid men as to what is to be the course of the government toward the Southern States after the rebellion shall have been suppressed, the executive deems it proper to say it will be his purpose then, as ever, to be guided by the Constitution and the laws; and that he probably will have no different understanding of the powers and duties of the Federal Government relatively to the rights of the States and the people, under the Constitution, than that expressed in the inaugural address.

He desires to preserve the government, that it may be administered for all as it was administered by the men who made it. Loyal citizens everywhere have the right to claim this of their government, and the government has no right to withhold or neglect it. It is not perceived that in giving it there is any coercion, any conquest, or any subjugation, in any just sense of those terms.

The Constitution provides, and all the States have accepted the provision, that "the United States shall guarantee to every State in this Union a republican form of government." But if a State may lawfully go out of the Union, having done so it may also discard the republican form of government, so that to prevent its going out is an indispensable means to the end of maintaining the guarantee mentioned; and when an end is lawful and obligatory, the indispensable means to it are also lawful and obligatory.

It was with the deepest regret that the executive found the duty of employing the war power in defense of the government forced upon him. He could but perform this duty or surrender the existence of the government. No compromise by public servants could, in this case, be a cure; not that compromises are not often proper, but that no popular government can long survive a marked precedent that those who carry an election can only save the government from immediate destruction by giving up the main point upon which the people gave the election. The people themselves, and not their servants, can safely reverse their own deliberate decisions.

As a private citizen the executive could not have consented that these institutions shall perish; much less could he in betrayal of so vast and so sacred a trust as these free people had confided to him. He felt that he had no moral right to shrink, nor even to count the chances of his own life, in what might follow. In full view of his great responsibility he has, so far, done what he has deemed his duty. You will now, according to your own judgment, perform yours. He sincerely hopes that your views and your action may so accord with his as to assure all faithful citizens who have been disturbed in their rights of a certain and speedy restoration to them, under the Constitution and the laws.

And having thus chosen our course, without guile and with pure purpose, let us renew our trust in God, and go forward without fear and with manly hearts.

A. LINCOLN,

July 4, 1861



TO THE SECRETARY OF THE INTERIOR.

EXECUTIVE MANSION, July 6, 1861.

HON. SEC. OF INTERIOR.

MY DEAR SIR:—Please ask the Comr. of Indian Affairs, and of the Gen'l Land Office to come with you, and see me at once. I want the assistance of all of you in overhauling the list of appointments a little before I send them to the Senate.

Yours truly,

A. LINCOLN.



MESSAGE TO THE HOUSE OF REPRESENTATIVES.

TO THE HOUSE OF REPRESENTATIVES:

In answer to the resolution of the House of Representatives of the 9th instant, requesting a copy of correspondence upon the subject of the incorporation of the Dominican republic with the Spanish monarchy, I transmit a report from the Secretary of State; to whom the resolution was referred.

WASHINGTON, July 11, 1861.



MESSAGE TO CONGRESS.

TO THE SENATE AND HOUSE OF REPRESENTATIVES:

I transmit to Congress a copy of correspondence between the Secretary of State and her Britannic Majesty's envoy extraordinary and minister plenipotentiary accredited to this government, relative to the exhibition of the products of industry of all nations, which is to take place at London in the course of next year. As citizens of the United States may justly pride themselves upon their proficiency in industrial arts, it is desirable that they should have proper facilities toward taking part in the exhibition. With this view I recommend such legislation by Congress at this session as may be necessary for that purpose.

A. LINCOLN.

WASHINGTON, July 16, 1861



MESSAGE TO CONGRESS.

TO THE SENATE AND HOUSE OF REPRESENTATIVES:

As the United States have, in common with Great Britain and France, a deep interest in the preservation and development of the fisheries adjacent to the northeastern coast and islands of this continent, it seems proper that we should concert with the governments of those countries such measures as may be conducive to those important objects. With this view I transmit to Congress a copy of a correspondence between the Secretary of State and the British minister here, in which the latter proposes, on behalf of his government, the appointment of a joint commission to inquire into the matter, in order that such ulterior measures may be adopted as may be advisable for the objects proposed. Such legislation recommended as may be necessary to enable the executive to provide for a commissioner on behalf of the United States:

WASHINGTON, JULY 19, 1861.

A. LINCOLN.



TO THE ADJUTANT-GENERAL

WASHINGTON, JULY 19, 1861

ADJUTANT-GENERAL:

I have agreed, and do agree, that the two Indian regiments named within shall be accepted if the act of Congress shall admit it. Let there be no further question about it.

A. LINCOLN.



MEMORANDA OF MILITARY POLICY SUGGESTED BY THE BULL RUN DEFEAT. JULY 23, 1861

1. Let the plan for making the blockade effective be pushed forward with all possible despatch.

2. Let the volunteer forces at Fort Monroe and vicinity under General Butler be constantly drilled, disciplined, and instructed without more for the present.

3. Let Baltimore be held as now, with a gentle but firm and certain hand.

4. Let the force now under Patterson or Banks be strengthened and made secure in its position.

5. Let the forces in Western Virginia act till further orders according to instructions or orders from General McClellan.

6. [Let] General Fremont push forward his organization and operations in the West as rapidly as possible, giving rather special attention to Missouri.

7. Let the forces late before Manassas, except the three-months men, be reorganized as rapidly as possible in their camps here and about Arlington.

8. Let the three-months forces who decline to enter the longer service be discharged as rapidly as circumstances will permit.

9. Let the new volunteer forces be brought forward as fast as possible, and especially into the camps on the two sides of the river here.

When the foregoing shall be substantially attended to:

1. Let Manassas Junction (or some point on one or other of the railroads near it) and Strasburg be seized, and permanently held, with an open line from Washington to Manassas, and an open line from Harper's Ferry to Strasburg the military men to find the way of doing these.

2. This done, a joint movement from Cairo on Memphis; and from Cincinnati on East Tennessee.



TO THE GOVERNOR OF NEW JERSEY.

WASHINGTON, D.C., July 24, 1861

THE GOVERNOR OF NEW JERSEY.

SIR:—Together with the regiments of three years' volunteers which the government already has in service in your State, enough to make eight in all, if tendered in a reasonable time, will be accepted, the new regiments to be taken, as far as convenient, from the three months' men and officers just discharged, and to be organized, equipped, and sent forward as fast as single regiments are ready, On the same terms as were those already in the service from that State.

Your obedient servant,

A. LINCOLN.

[Indorsement.]

This order is entered in the War Department, and the Governor of New Jersey is authorized to furnish the regiments with wagons and horses.

S. CAMERON, Secretary of War.



MESSAGE TO THE HOUSE OF REPRESENTATIVES.

TO THE HOUSE OF REPRESENTATIVES:

In answer to the resolution of the House of Representatives of the 22d instant; requesting a copy of the correspondence between this, government and foreign powers with reference to maritime right, I transmit a report from the Secretary of State.

A. LINCOLN.

WASHINGTON, July 25, 1861



MESSAGE TO THE HOUSE OF REPRESENTATIVES.

TO THE HOUSE OF REPRESENTATIVES:

In answer to the resolution of the House of Representatives of the 15th instant, requesting a copy of the correspondence between this government and foreign powers on the subject of the existing insurrection in the United States, I transmit a report from the Secretary of State.

WASHINGTON, July 25, 1861.

A. LINCOLN.



TO SECRETARY CHASE.

EXECUTIVE MANSION, JULY 16, 1861

MR CHASE:—The bearer, Mr. ———, wants ——— in the custom house at Baltimore. If his recommendations are satisfactory, and I recollect them to have been so, the fact that he is urged by the Methodists should be in his favor, as they complain of us some.

LINCOLN.



MESSAGE TO THE HOUSE OF REPRESENTATIVES.

TO THE HOUSE OF REPRESENTATIVES:

In answer to the resolution of the House of Representatives of the 24th instant, asking the grounds, reasons, and evidence upon which the police Commissioners of Baltimore were arrested and are now detained as prisoners at Port McHenry, I have to state that it is judged to be incompatible with the public interest at this time to furnish the information called for by the resolution.

A. LINCOLN.

WASHINGTON, JULY 27, 1861



MESSAGE TO THE SENATE.

TO THE SENATE OF THE UNITED STATES:

In answer to the resolution of the Senate of the 19th instant requesting information concerning the quasi armistice alluded to in my message of the 4th instant, I transmit a report from the Secretary of the Navy.

A. LINCOLN.

JULY 30, 1861



MESSAGE TO THE SENATE.

TO THE SENATE OF THE UNITED STATES:

In answer to the resolution of the Senate of the 23d instant requesting information concerning the imprisonment of Lieutenant John J. Worden (John L. Worden) of the United States navy, I transmit a report from the Secretary of the Navy.

A. LINCOLN.

July 30, 1861



ORDER TO UNITED STATES MARSHALS.

EXECUTIVE MANSION, WASHINGTON, D.C., JULY 31, 1861

The Marshals of the United States in the vicinity of forts where political prisoners are held will supply decent lodging and sustenance for such prisoners unless they shall prefer to provide in those respects for themselves, in which case they will be allowed to do so by the commanding officer in charge.

Approved, and the Secretary of the State will transmit the order to the Marshals, to the Lieutenant-General, and the Secretary of the Interior.

A. LINCOLN.



MESSAGE TO THE HOUSE OF REPRESENTATIVES.

TO THE HOUSE OF REPRESENTATIVES:

In answer to the resolution of the House of Representatives of yesterday, requesting information regarding the imprisonment of loyal citizens of the United States by the forces now in rebellion against this government, I transmit a report from the Secretary of State, and the copy of a telegraphic despatch by which it was accompanied.

A. LINCOLN.

WASHINGTON, August 2, 1861.



MESSAGE TO THE SENATE.

TO THE SENATE OF THE UNITED STATES:

In answer to the resolution of your honorable body of date July 31, 1861, requesting the President to inform the Senate whether the Hon. James H. Lane, a member of that body from Kansas, has been appointed a brigadier-general in the army of the United States, and if so, whether he has accepted such appointment, I have the honor to transmit herewith certain papers, numbered 1, 2, 3, 4, 5, 6, and 7, which, taken together, explain themselves, and which contain all the information I possess upon the questions propounded.

It was my intention, as shown by my letter of June 20, 1861, to appoint Hon. James H. Lane, of Kansas, a brigadier-general of United States volunteers in anticipation of the act of Congress, since passed, for raising such volunteers; and I have no further knowledge upon the subject, except as derived from the papers herewith enclosed.

EXECUTIVE MANSION, August 5, 1861



TO SECRETARY CAMERON.

EXECUTIVE MANSION, AUGUST 7, 1861

HON. SECRETARY OF WAR

MY DEAR SIR:—The within paper, as you see, is by HON. John S. Phelps and HON. Frank P. Blair, Jr., both members of the present Congress from Missouri. The object is to get up an efficient force of Missourians in the southwestern part of the State. It ought to be done, and Mr. Phelps ought to have general superintendence of it. I see by a private report to me from the department that eighteen regiments are already accepted from Missouri. Can it not be arranged that part of them (not yet organized, as I understand) may be taken from the locality mentioned and put under the control of Mr. Phelps, and let him have discretion to accept them for a shorter term than three years—or the war—understanding, however, that he will get them for the full term if he can? I hope this can be done, because Mr. Phelps is too zealous and efficient and understands his ground too well for us to lose his service. Of course provision for arming, equipping, etc., must be made. Mr. Phelps is here, and wishes to carry home with him authority for this matter.

Yours truly,

A. LINCOLN



PROCLAMATION OF A NATIONAL FAST-DAY, AUGUST 12, 1861.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A Proclamation.

Whereas a joint committee of both houses of Congress has waited on the President of the United States and requested him to "recommend a day of public humiliation, prayer, and fasting to be observed by the people of the United States with religious solemnities and the offering of fervent supplications to Almighty God for the safety and welfare of these States, His blessings on their arms, and a speedy restoration of peace"; and

Whereas it is fit and becoming in all people at all times to acknowledge and revere the supreme government of God, to bow in humble submission to His chastisements, to confess and deplore their sins and transgressions in the full conviction that the fear of the Lord is the beginning of wisdom, and to pray with all fervency and contrition for the pardon of their past offences and for a blessing upon their present and prospective action; and

Whereas when our own beloved country, once, by the blessing of God, united, prosperous, and happy, is now afflicted with faction and civil war, it is peculiarly fit for us to recognize the hand of God in this terrible visitation, and in sorrowful remembrance of our own faults and crimes as a nation and as individuals to humble ourselves before Him and to pray for His mercy-to pray that we may be spared further punishment, though most justly deserved, that our arms may be blessed and made effectual for the re-establishment of order, law, and peace throughout the wide extent of our country, and that the inestimable boon of civil and religious liberty, earned under His guidance and blessing by the labors and sufferings of our fathers, may be restored in all its original excellence.

Therefore I, Abraham Lincoln, President of the United States, do appoint the last Thursday in September next as a day of humiliation, prayer, and fasting for all the people of the nation. And I do earnestly recommend to all the people, and especially to all ministers and teachers of religion of all denominations and to all heads of families, to observe and keep that day according to their several creeds and modes of worship in all humility and with all religious solemnity, to the end that the united prayer of the nation may ascend to the Throne of Grace and bring down plentiful blessings upon our country.

In testimony whereof I have hereunto set my hand and caused the seal of the United States to [SEAL.] be affixed, this twelfth day of August, A. D. 1861, and of the independence of the United States of America the eighty-sixth.

A. LINCOLN.

By the President: WILLIAM H. SEWARD, Secretary of State.



TO JAMES POLLOCK.

WASHINGTON, AUGUST 15, 1861

HON. JAMES POLLOCK.

MY DEAR SIR:—You must make a job for the bearer of this—make a job of it with the collector and have it done. You can do it for me and you must.

Yours as ever,

A. LINCOLN.



TELEGRAM TO GOVERNOR O. P. MORTON.

WASHINGTON, D.C., AUGUST 15, 1861

GOVERNOR MORTON, Indiana: Start your four regiments to St. Louis at the earliest moment possible. Get such harness as may be necessary for your rifled gums. Do not delay a single regiment, but hasten everything forward as soon as any one regiment is ready. Have your three additional regiments organized at once. We shall endeavor to send you the arms this week.

A. LINCOLN



TELEGRAM TO GENERAL FREMONT,

WASHINGTON, August 15, 1861

TO MAJOR-GENERAL FREMONT:

Been answering your messages since day before yesterday. Do you receive the answers? The War Department has notified all the governors you designate to forward all available force. So telegraphed you. Have you received these messages? Answer immediately.

A. LINCOLN.



PROCLAMATION FORBIDDING INTERCOURSE WITH REBEL STATES, AUGUST 16, 1861.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA:

A Proclamation.

Whereas on the fifteenth day of April, eighteen hundred and sixty-one, the President of the United States, in view of an insurrection against the laws, Constitution, and government of the United States which had broken out within the States of South Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana, and Texas, and in pursuance of the provisions of the act entitled "An act to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions, and to repeal the act now in force for that purpose," approved February twenty-eighth, seventeen hundred and ninety-five, did call forth the militia to suppress said insurrection, and to cause the laws of the Union to be duly executed, and the insurgents have failed to disperse by the time directed by the President; and whereas such insurrection has since broken out and yet exists within the States of Virginia, North Carolina, Tennessee, and Arkansas; and whereas the insurgents in all the said States claim to act under the authority thereof, and such claim is not disclaimed or repudiated by the persons exercising the functions of government in such State or States, or in the part or parts thereof in which such combinations exist, nor has such insurrection been suppressed by said States:

Now, therefore, I, Abraham Lincoln, President of the United States, in pursuance of an act of Congress approved July thirteen, eighteen hundred and sixty-one, do hereby declare that the inhabitants of the said States of Georgia, South Carolina, Virginia, North Carolina, Tennessee, Alabama, Louisiana, Texas, Arkansas, Mississippi, and Florida (except the inhabitants of that part of the State of Virginia lying west of the Allegheny Mountains, and of such other parts of that State, and the other States hereinbefore named, as may maintain a loyal adhesion to the Union and the Constitution, or may be time to time occupied and controlled by forces of the United States engaged in the dispersion of said insurgents), are in a state of insurrection against the United States, and that all commercial intercourse between the same and the inhabitants thereof, with the exceptions aforesaid, and the citizens of other States and other parts of the United States, is unlawful, and will remain unlawful until such insurrection shall cease or has been suppressed; that all goods and chattels, wares and merchandise, coming from any of said States, with the exceptions aforesaid, into other parts of the United States, without the special license and permission of the President, through the Secretary of the Treasury, or proceeding to any of said States, with the exceptions aforesaid, by land or water, together with the vessel or vehicle conveying the same, or conveying persons to or from said States, with said exceptions, will be forfeited to the United States; and that from and after fifteen days from the issuing of this proclamation all ships and vessels belonging in whole or in part to any citizen or inhabitant of any of said States, with said exceptions, found at sea, or in any port of the United States, will be forfeited to the United States; and I hereby enjoin upon all district attorneys, marshals, and officers of the revenue and of the military and naval forces of the United States to be vigilant in the execution of said act, and in the enforcement of the penalties and forfeitures imposed or declared by it; leaving any party who may think himself aggrieved thereby to his application to the Secretary of the Treasury for the remission of any penalty or forfeiture, which the said Secretary is authorized by law to grant if, in his judgment, the special circumstances of any case shall require such remission.

In witness whereof, I have hereunto set my hand,....

A. LINCOLN.

By the President: WILLIAM H. SEWARD, Secretary of Sate.



TO SECRETARY CAMERON.

EXECUTIVE MANSION, August 17, 1861

HON. SECRETARY OF WAR.

MY DEAR SIR:—Unless there be reason to the contrary, not known to me, make out a commission for Simon B. Buckner, of Kentucky, as a brigadier-general of volunteers. It is to be put into the hands of General Anderson, and delivered to General Buckner or not, at the discretion of General Anderson. Of course it is to remain a secret unless and until the commission is delivered.

Yours truly, A. LINCOLN

Same day made.

[Indorsement.]



TO GOVERNOR MAGOFFIN,

WASHINGTON, D.C., AUGUST 24, 1861

To HIS EXCELLENCY B. MAGOFFIN, Governor of the State of Kentucky.

SIR:—Your letter of the 19th instant, in which you urge the "removal from the limits of Kentucky of the military force now organized and in camp within that State," is received.

I may not possess full and precisely accurate knowledge upon this subject; but I believe it is true that there is a military force in camp within Kentucky, acting by authority of the United States, which force is not very large, and is not now being augmented.

I also believe that some arms have been furnished to this force by the United States.

I also believe this force consists exclusively of Kentuckians, having their camp in the immediate vicinity of their own homes, and not assailing or menacing any of the good people of Kentucky.

In all I have done in the premises I have acted upon the urgent solicitation of many Kentuckians, and in accordance with what I believed, and still believe, to be the wish of a majority of all the Union-loving people of Kentucky.

While I have conversed on this subject with many eminent men of Kentucky, including a large majority of her members of Congress, I do not remember that any one of them, or any other person, except your Excellency and the bearers of your Excellency's letter, has urged me to remove the military force from Kentucky or to disband it. One other very worthy citizen of Kentucky did solicit me to have the augmenting of the force suspended for a time.

Taking all the means within my reach to form a judgment, I do not believe it is the popular wish of Kentucky that this force shall be removed beyond her limits; and, with this impression, I must respectfully decline to so remove it.

I most cordially sympathize with your Excellency in the wish to preserve the peace of my own native State, Kentucky. It is with regret I search, and cannot find, in your not very short letter, any declaration or intimation that you entertain any desire for the preservation of the Federal Union.

Your obedient servant,

A. LINCOLN.



TO GENERAL FREMONT.

WASHINGTON, D.C., SEPTEMBER 2, 1861

MAJOR-GENERAL FREMONT.

MY DEAR SIR:—Two points in your proclamation of August 30 give me some anxiety.

First. Should you shoot a man, according to the proclamation, the Confederates would very certainly shoot our best men in their hands in retaliation; and so, man for man, indefinitely. It is, therefore, my order that you allow no man to be shot under the proclamation without first having my approbation or consent.

Second. I think there is great danger that the closing paragraph, in relation to the confiscation of property and the liberating slaves of traitorous owners, will alarm our Southern Union friends and turn them against us; perhaps ruin our rather fair prospect for Kentucky. Allow me, therefore, to ask that you will, as of your own motion, modify that paragraph so as to conform to the first and fourth sections of the act of Congress entitled "An act to confiscate property used for insurrectionary purposes," approved August 6, 1861, and a copy of which act I herewith send you.

This letter is written in a spirit of caution, and not of censure. I send it by special messenger, in order that it may certainly and speedily reach you.

Yours very truly,

A. LINCOLN.



TELEGRAM TO GOVERNORS

WASHBURN OF MAINE, FAIRBANKS OF VERMONT, BERRY OF NEW HAMPSHIRE, ANDREW OF MASSACHUSETTS, BUCKINGHAM OF CONNECTICUT, AND SPRAGUE OF RHODE ISLAND.

WAR DEPARTMENT, September 11, 1861.

General Butler proposes raising in New England six regiments, to be recruited and commanded by himself, and to go on special service.

I shall be glad if you, as governor of ———, will answer by telegraph if you consent.

A. LINCOLN.



TO GENERAL FREMONT.

WASHINGTON, D.C., SEPTEMBER 11, 1861

MAJOR-GENERAL JOHN C. FREMONT.

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.



TO MRS. FREMONT.

WASHINGTON, D.C., September 12, 1861

Mrs. GENERAL FREMONT.

MY DEAR MADAM:—Your two notes of to-day are before me. I answered the letter you bore me from General Fremont on yesterday, and not hearing from you during the day, I sent the answer to him by mail. It is not exactly correct, as you say you were told by the elder Mr. Blair, to say that I sent Postmaster-General Blair to St. Louis to examine into that department and report. Postmaster-General Blair did go, with my approbation, to see and converse with General Fremont as a friend. I do not feel authorized to furnish you with copies of letters in my possession without the consent of the writers. No impression has been made on my mind against the honor or integrity of General Fremont, and I now enter my protest against being understood as acting in any hostility toward him.

Your obedient servant,

A. LINCOLN.



TO JOSEPH HOLT,

EXECUTIVE MANSION, SEPTEMBER 12, 1861

HON. JOSEPH HOLT.

DEAR SIR:—Yours of this day in relation to the late proclamation of General Fremont is received yesterday I addressed a letter to him, by mail, on the same subject, and which is to be made public when he receives it. I herewith send you a copy of that letter, which perhaps shows my position as distinctly as any new one I could write. I will thank you not to make it public until General Fremont shall have had time to receive the original.

Your obedient servant,

A. LINCOLN.



TO GENERAL SCOTT

WASHINGTON, D.C., September 16, 1861.

DEAR SIR:—Since conversing with you I have concluded to request you to frame an order for recruiting North Carolinians at Fort Hatteras. I suggest it to be so framed as for us to accept a smaller force—even a company—if we cannot get a regiment or more. What is necessary to now say about officers you will judge. Governor Seward says he has a nephew (Clarence A. Seward, I believe) who would be willing to go and play colonel and assist in raising the force. Still it is to be considered whether the North Carolinians will not prefer officers of their own. I should expect they would.

Yours very truly,

A. LINCOLN.



TO SECRETARY CAMERON.

EXECUTIVE MANSION, September 18, 1861

HON. SECRETARY OF WAR. MY DEAR SIR:—To guard against misunderstanding, I think fit to say that the joint expedition of the army and navy agreed upon some time since, and in which General T. W. Sherman was and is to bear a conspicuous part, is in no wise to be abandoned, but must be ready to move by the 1st of, or very early in, October. Let all preparations go forward accordingly.

Yours truly,

A. LINCOLN.



TO GENERAL FREMONT,

WASHINGTON, SEPTEMBER 12, 1861

MAJOR-GENERAL FREMONT:

Governor Morton telegraphs as follows: "Colonel Lane, just arrived by special train, represents Owensborough, forty miles above Evansville, in possession of secessionists. Green River is navigable. Owensborough must be seized. We want a gunboat sent up from Paducah for that purpose." Send up the gunboat if, in your discretion, you think it right. Perhaps you had better order those in charge of the Ohio River to guard it vigilantly at all points.

A. LINCOLN.



To O. H. BROWNING.

(Private and Confidential)

EXECUTIVE MANSION, WASHINGTON SEPTEMBER 22, 1861

HON. O. H. BROWNING.

MY DEAR SIR:—Yours of the 17th is just received; and coming from you, I confess it astonishes me. That you should object to my adhering to a law which you had assisted in making and presenting to me less than a month before is odd enough. But this is a very small part. General Fremont's proclamation as to confiscation of property and the liberation of slaves is purely political and not within the range of military law or necessity. If a commanding general finds a necessity to seize the farm of a private owner for a pasture, an encampment, or a fortification, he has the right to do so, and to so hold it as long as the necessity lasts; and this is within military law, because within military necessity. But to say the farm shall no longer belong to the owner, or his heirs forever, and this as well when the farm is not needed for military purposes as when it is, is purely political, without the savor of military law about it. And the same is true of slaves. If the general needs them, he can seize them and use them; but when the need is past, it is not for him to fix their permanent future condition. That must be settled according to laws made by law-makers, and not by military proclamations. The proclamation in the point in question is simply "dictatorship." It assumes that the general may do anything he pleases confiscate the lands and free the slaves of loyal people, as well as of disloyal ones. And going the whole figure, I have no doubt, would be more popular with some thoughtless people than that which has been done, But I cannot assume this reckless position, nor allow others to assume it on my responsibility.

You speak of it as being the only means of saving the government. On the contrary, it is itself the surrender of the government. Can it be pretended that it is any longer the Government of the United States—any government of constitution and laws wherein a general or a president may make permanent rules of property by proclamation? I do not say Congress might not with propriety pass a law on the point, just such as General Fremont proclaimed.

I do not say I might not, as a member of Congress, vote for it. What I object to is, that I, as President, shall expressly or impliedly seize and exercise the permanent legislative functions of the government.

So much as to principle. Now as to policy. No doubt the thing was popular in some quarters, and would have been more so if it had been a general declaration of emancipation. The Kentucky Legislature would not budge till that proclamation was modified; and General Anderson telegraphed me that on the news of General Fremont having actually issued deeds of manumission, a whole company of our volunteers threw down their arms and disbanded. I was so assured as to think it probable that the very arms we had furnished Kentucky would be turned against us. I think to lose Kentucky is nearly the same as to lose the whole game. Kentucky gone, we cannot hold Missouri, nor, as I think, Maryland. These all against us, and the job on our hands is too large for us. We would as well consent to separation at once, including the surrender of this Capital. On the contrary, if you will give up your restlessness for new positions, and back me manfully on the grounds upon which you and other kind friends gave me the election and have approved in my public documents, we shall go through triumphantly. You must not understand I took my course on the proclamation because of Kentucky. I took the same ground in a private letter to General Fremont before I heard from Kentucky.

You think I am inconsistent because I did not also forbid General Fremont to shoot men under the proclamation. I understand that part to be within military law, but I also think, and so privately wrote General Fremont, that it is impolitic in this, that our adversaries have the power, and will certainly exercise it, to shoot as many of our men as we shoot of theirs. I did not say this in the public letter, because it is a subject I prefer not to discuss in the hearing of our enemies.

There has been no thought of removing General Fremont on any ground connected with his proclamation, and if there has been any wish for his removal on any ground, our mutual friend Sam. Glover can probably tell you what it was. I hope no real necessity for it exists on any ground.

Your friend, as ever,

A. LINCOLN.



MEMORANDUM FOR A PLAN OF CAMPAIGN

[OCTOBER 1?] 1861

On or about the 5th of October (the exact date to be determined hereafter) I wish a movement made to seize and hold a point on the railroad connecting Virginia and Tennessee near the mountain-pass called Cumberland Gap. That point is now guarded against us by Zollicoffer, with 6000 or 8000 rebels at Barboursville Ky.,—say twenty-five miles from the Gap, toward Lexington. We have a force of 5000 or 6000 under General Thomas, at Camp Dick Robinson, about twenty-five miles from Lexington and seventy-five from Zollicoffer's camp, On the road between the two. There is not a railroad anywhere between Lexington and the point to be seized, and along the whole length of which the Union sentiment among the people largely predominates. We have military possession of the railroad from Cincinnati to Lexington, and from Louisville to Lexington, and some home guards, under General Crittenden, are on the latter line. We have possession of the railroad from Louisville to Nashville, Tenn., so far as Muldraugh's Hill, about forty miles, and the rebels have possession of that road all south of there. At the Hill we have a force of 8000, under General Sherman, and about an equal force of rebels is a very short distance south, under General Buckner.

We have a large force at Paducah, and a smaller at Port Holt, both on the Kentucky side, with some at Bird's Point, Cairo, Mound City, Evansville, and New Albany, all on the other side, and all which, with the gunboats on the river, are perhaps sufficient to guard the Ohio from Louisville to its mouth.

About supplies of troops, my general idea is that all from Wisconsin, Minnesota, Iowa, Illinois, Missouri, and Kansas, not now elsewhere, be left to Fremont. All from Indiana and Michigan, not now elsewhere, be sent to Anderson at Louisville. All from Ohio needed in western Virginia be sent there, and any remainder be sent to Mitchell at Cincinnati, for Anderson. All east of the mountains be appropriated to McClellan and to the coast.

As to movements, my idea is that the one for the coast and that on Cumberland Gap be simultaneous, and that in the meantime preparation, vigilant watching, and the defensive only be acted upon; this, however, not to apply to Fremont's operations in northern and middle Missouri. That before these movements Thomas and Sherman shall respectively watch but not attack Zollicoffer and Buckner. That when the coast and Gap movements shall be ready Sherman is merely to stand fast, while all at Cincinnati and all at Louisville, with all on the line, concentrate rapidly at Lexington, and thence to Thomas's camp, joining him, and the whole thence upon the Gap. It is for the military men to decide whether they can find a pass through the mountains at or near the Gap which cannot be defended by the enemy with a greatly inferior force, and what is to be done in regard to this.

The coast and Gap movements made, Generals McClellan and Fremont, in their respective departments, will avail themselves of any advantages the diversions may present.

[He was entirely unable to get this started, Sherman would have taken an active part if given him, the others were too busy getting lines of communication guarded—and discovering many "critical" supply items that had not been sent them. Also the commanding general did not like it. D.W.]



TO THE SECRETARY OF STATE.

EXECUTIVE MANSION, October 4, 1861

HONORABLE SECRETARY OF STATE.

DEAR SIR:—Please see Mr. Walker, well vouched as a Union man and son-in-law of Governor Morehead, and pleading for his release. I understand the Kentucky arrests were not made by special direction from here, and I am willing if you are that any of the parties may be released when James Guthrie and James Speed think they should be.

Yours truly,

A. LINCOLN.



TO THE VICEROY OF EGYPT.

WASHINGTON, October 11, 1861.

GREAT AND GOOD FRIEND:—I have received from Mr. Thayer, Consul-General of the United States at Alexandria, a full account of the liberal, enlightened, and energetic proceedings which, on his complaint, you have adopted in bringing to speedy and condign punishment the parties, subjects of your Highness in Upper Egypt, who were concerned in an act of criminal persecution against Faris, an agent of certain Christian missionaries in Upper Egypt. I pray your Highness to be assured that these proceedings, at once so prompt and so just, will be regarded as a new and unmistakable proof equally of your Highness's friendship for the United States and of the firmness, integrity and wisdom, with which the government of your Highness is conducted. Wishing you great prosperity and success, I am your friend,

A. LINCOLN.

HIS HIGHNESS MOHAMMED SAID PACHA, Viceroy of Egypt and its Dependencies, etc.

By the President: WILLIAM H. SEWARD, Secretary of State.



ORDER AUTHORIZING SUSPENSION OF THE WRIT OF HABEAS CORPUS.

October 14 1861

LIEUTENANT-GENERAL WINFIELD SCOTT:

The military line of the United States for the suppression of the insurrection may be extended so far as Bangor, in Maine. You and any officer acting under your authority are hereby authorized to suspend the writ of habeas corpus in any place between that place and the city of Washington.

A. LINCOLN.

By the President: WILLIAM H. SEWARD, Secretary of State.



TO SECRETARY OF INTERIOR.

EXECUTIVE MANSION, October 14, 1861

HON. SEC. OF INTERIOR.

DEAR SIR:—How is this? I supposed I was appointing for register of wills a citizen of this District. Now the commission comes to me "Moses Kelly, of New Hampshire." I do not like this.

Yours truly,

A. LINCOLN.



TWO SONS WHO WANT TO WORK

TO MAJOR RAMSEY.

EXECUTIVE MANSION, October 17, 1861

MAJOR RAMSEY.

MY DEAR SIR:—The lady bearer of this says she has two sons who want to work. Set them at it if possible. Wanting to work is so rare a want that it should be encouraged.

Yours truly,

A. LINCOLN.



TO GENERAL THOMAS W. SHERMAN.

WASHINGTON, October 18, 1861.

GENERAL THOMAS SHERMAN, Annapolis, Md.:

Your despatch of yesterday received and shown to General McClellan. I have promised him not to direct his army here without his consent. I do not think I shall come to Annapolis.

A. LINCOLN.



TO GENERAL CURTIS, WITH INCLOSURES.

WASHINGTON, October 24, 1861

BRIGADIER-GENERAL S. R. CURTIS.

MY DEAR SIR:—Herewith is a document—half letter, half order—which, wishing you to see, but not to make public, I send unsealed. Please read it and then inclose it to the officer who may be in command of the Department of the West at the time it reaches him. I cannot now know whether Fremont or Hunter will then be in command.

Yours truly,

A. LINCOLN.



WASHINGTON, October 24, 1861

BRIGADIER-GENERAL S. R. CURTIS.

DEAR SIR:—On receipt of this, with the accompanying inclosures, you will take safe, certain, and suitable measures to have the inclosure addressed to Major-General Fremont delivered to him with all reasonable despatch, subject to these conditions only: that if, when General Fremont shall be reached by the messenger—yourself or any one sent by you—he shall then have, in personal command, fought and won a battle, or shall then be actually in a battle, or shall then be in the immediate presence of the enemy in expectation of a battle, it is not to be delivered, but held for further orders. After, and not till after, the delivery to General Fremont, let the inclosure addressed to General Hunter be delivered to him.

Your obedient servant,

A. LINCOLN.

(General Orders No. 18.) HEADQUARTERS OF THE ARMY,

WASHINGTON, October 24, 1861

Major-General Fremont, of the United States Army, the present commander of the Western Department of the same, will, on the receipt of this order, call Major-General Hunter, of the United States Volunteers, to relieve him temporarily in that command, when he (Major-General Fremont) will report to general headquarters by letter for further orders.

WINFIELD SCOTT. By command: E. D. TOWNSEND, Assistant Adjutant-General.



WASHINGTON, October 24, 1861

TO THE COMMANDER OF THE DEPARTMENT OF THE WEST.

SIR:—The command of the Department of the West having devolved upon you, I propose to offer you a few suggestions. Knowing how hazardous it is to bind down a distant commander in the field to specific lines and operations, as so much always depends on a knowledge of localities and passing events, it is intended, therefore, to leave a considerable margin for the exercise of your judgment and discretion.

The main rebel army (Price's) west of the Mississippi is believed to have passed Dade County in full retreat upon northwestern Arkansas, leaving Missouri almost freed from the enemy, excepting in the southeast of the State. Assuming this basis of fact, it seems desirable, as you are not likely to overtake Price, and are in danger of making too long a line from your own base of supplies and reinforcements, that you should give up the pursuit, halt your main army, divide it into two corps of observation, one occupying Sedalia and the other Rolla, the present termini of railroads; then recruit the condition of both corps by re-establishing and improving their discipline and instructions, perfecting their clothing and equipments, and providing less uncomfortable quarters. Of course, both railroads must be guarded and kept open, judiciously employing just so much force as is necessary for this. From these two points, Sedalia and Rolla, and especially in judicious cooperation with Lane on the Kansas border, it would be so easy to concentrate and repel any army of the enemy returning on Missouri from the southwest, that it is not probable any such attempt will be made before or during the approaching cold weather. Before spring the people of Missouri will probably be in no favorable mood to renew for next year the troubles which have so much afflicted and impoverished them during this. If you adopt this line of policy, and if, as I anticipate, you will see no enemy in great force approaching, you will have a surplus of force which you can withdraw from these points and direct to others as may be needed, the railroads furnishing ready means of reinforcing these main points if occasion requires. Doubtless local uprisings will for a time continue to occur, but these can be met by detachments and local forces of our own, and will ere long tire out of themselves.

While, as stated in the beginning of the letter, a large discretion must be and is left with yourself, I feel sure that an indefinite pursuit of Price or an attempt by this long and circuitous route to reach Memphis will be exhaustive beyond endurance, and will end in the loss of the whole force engaged in it.

Your obedient servant,

A. LINCOLN.



ORDER RETIRING GENERAL SCOTT AND APPOINTING

GENERAL McCLELLAN HIS SUCCESSOR. (General Orders, No.94.)

WAR DEPARTMENT, ADJUTANT-GENERAL'S OFFICE

WASHINGTON, November 1, 1861

The following order from the President of the United States, announcing the retirement from active command of the honored veteran Lieutenant general Winfield Scott, will be read by the army with profound regret:



EXECUTIVE MANSION, WASHINGTON.

November 1, 1861

On the 1st day of November, A.D. 1861, upon his own application to the President of the United States, Brevet Lieutenant-General Winfield Scott is ordered to be placed, and hereby is placed, upon the list of retired officers of the army of the United States, without reduction in his current pay, subsistence, or allowances.

The American people will hear with sadness and deep emotion that General Scott has withdrawn from the active control of the army, while the President and a unanimous Cabinet express their own and the nation's sympathy in his personal affliction and their profound sense of the important public services rendered by him to his country during his long and brilliant career, among which will ever be gratefully distinguished his faithful devotion to the Constitution, the Union, and the flag when assailed by parricidal rebellion.

A. LINCOLN

The President is pleased to direct that Major general George B. McClellan assume the command of the army of the United States. The headquarters of the army will be established in the city of Washington. All communications intended for the commanding general will hereafter be addressed direct to the adjutant-general. The duplicate returns, orders, and other papers heretofore sent to the assistant adjutant-general, headquarters of the army, will be discontinued.

By order of the Secretary of War: L. THOMAS, Adjutant General.



ORDER APPROVING THE PLAN OF GOVERNOR GAMBLE OF MISSOURI.

EXECUTIVE MANSION, WASHINGTON,

November 5, 1861.

The Governor of the State of Missouri, acting under the direction of the convention of that State, proposes to the Government of the United States that he will raise a military force to serve within the State as State militia during the war there, to cooperate with the troops in the service of the United States in repelling the invasion of the State and suppressing rebellion therein; the said State militia to be embodied and to be held in the camp and in the field, drilled, disciplined, and governed according to the Army Regulations and subject to the Articles of War; the said State militia not to be ordered out of the State except for the immediate defense of the State of Missouri, but to co-operate with the troops in the service of the United States in military operations within the State or necessary to its defense, and when officers of the State militia act with officers in the service of the United States of the same grade the officers of the United States service shall command the combined force; the State militia to be armed, equipped, clothed, subsisted, transported, and paid by the United States during such time as they shall be actually engaged as an embodied military force in service in accordance with regulations of the United States Army or general orders as issued from time to time.

In order that the Treasury of the United States may not be burdened with the pay of unnecessary officers, the governor proposes that, although the State law requires him to appoint upon the general staff an adjutant-general, a commissary-general, an inspector-general, a quartermaster-general, a paymaster-general, and a surgeon-general, each with the rank of colonel of cavalry, yet he proposes that the Government of the United States pay only the adjutant-general, the quartermaster-general, and inspector-general, their services being necessary in the relations which would exist between the State militia and the United States. The governor further proposes that while he is allowed by the State law to appoint aides-de-camp to the governor at his discretion, with the rank of colonel, three only shall be reported to the United States for payment. He also proposes that the State militia shall be commanded by a single major-general and by such number of brigadier-generals as shall allow one for a brigade of not less than four regiments, and that no greater number of staff officers shall be appointed for regimental, brigade, and division duties than as provided for in the act of Congress of the 22d July, 1861; and that, whatever be the rank of such officers as fixed by the law of the State, the compensation that they shall receive from the United States shall only be that which belongs to the rank given by said act of Congress to officers in the United States service performing the same duties.

The field officers of a regiment in the State militia are one colonel, one lieutenant-colonel, and one major, and the company officers are a captain, a first lieutenant, and a second lieutenant. The governor proposes that, as the money to be disbursed is the money of the United States, such staff officers in the service of the United States as may be necessary to act as disbursing officers for the State militia shall be assigned by the War Department for that duty; or, if such cannot be spared from their present duty, he will appoint such persons disbursing officers for the State militia as the President of the United States may designate. Such regulations as may be required, in the judgment of the President, to insure regularity of returns and to protect the United States from any fraudulent practices shall be observed and obeyed by all in office in the State militia.

The above propositions are accepted on the part of the United States, and the Secretary of War is directed to make the necessary orders upon the Ordnance, Quartermaster's, Commissary, Pay, and Medical departments to carry this agreement into effect. He will cause the necessary staff officers in the United States service to be detailed for duty in connection with the Missouri State militia, and will order them to make the necessary provision in their respective offices for fulfilling this agreement. All requisitions upon the different officers of the United States under this agreement to be made in substance in the same mode for the Missouri State militia as similar requisitions are made for troops in the service of the United States; and the Secretary of War will cause any additional regulations that may be necessary to insure regularity and economy in carrying this agreement into effect to be adopted and communicated to the Governor of Missouri for the government of the Missouri State militia.

[Indorsement.]

November 6, 1861.

This plan approved, with the modification that the governor stipulates that when he commissions a major-general of militia it shall be the same person at the time in command of the United States Department of the West; and in case the United States shall change such commander of the department, he (the governor) will revoke the State commission given to the person relieved and give one to the person substituted to the United States command of said department.

A. LINCOLN.



REPLY TO THE MINISTER FROM SWEDEN.

November 8, 1861.

SIR:—I receive with great pleasure a Minister from Sweden. That pleasure is enhanced by the information which preceded your arrival here, that his Majesty, your sovereign, had selected you to fill the mission upon the grounds of your derivation from an ancestral stock identified with the most glorious era of your country's noble history, and your own eminent social and political standing in Sweden. This country, sir, maintains, and means to maintain, the rights of human nature, and the capacity of men for self-government. The history of Sweden proves that this is the faith of the people of Sweden, and we know that it is the faith and practice of their respected sovereign. Rest assured, therefore, that we shall be found always just and paternal in our transactions with your government, and that nothing will be omitted on my part to make your residence in this capital agreeable to yourself and satisfactory to your government.



INDORSEMENT AUTHORIZING MARTIAL LAW IN SAINT LOUIS.

St. Louis, November 20, 1861. (Received Nov. 20th.)

GENERAL McCLELLAN,

For the President of the United States.

No written authority is found here to declare and enforce martial law in this department. Please send me such written authority and telegraph me that it has been sent by mail.

H. W. HALLECK, Major-General.

[Indorsement.] November 21, 1861.

If General McClellan and General Halleck deem it necessary to declare and maintain martial law in Saint Louis, the same is hereby authorized.

A. LINCOLN.



OFFER TO COOPERATE AND GIVE SPECIAL LINE OF INFORMATION TO HORACE GREELEY

TO GOVERNOR WALKER.

WASHINGTON, November 21, 1861

DEAR GOVERNOR:—I have thought over the interview which Mr. Gilmore has had with Mr. Greeley, and the proposal that Greeley has made to Gilmore, namely, that he [Gilmore] shall communicate to him [Greeley] all that he learns from you of the inner workings of the administration, in return for his [Greeley's] giving such aid as he can to the new magazine, and allowing you [Walker] from time to time the use of his [Greeley's] columns when it is desirable to feel of, or forestall, public opinion on important subjects. The arrangement meets my unqualified approval, and I shall further it to the extent of my ability, by opening to you—as I do now—fully the policy of the Government,—its present views and future intentions when formed, giving you permission to communicate them to Gilmore for Greeley; and in case you go to Europe I will give these things direct to Gilmore. But all this must be on the express and explicit understanding that the fact of these communications coming from me shall be absolutely confidential,—not to be disclosed by Greeley to his nearest friend, or any of his subordinates. He will be, in effect, my mouthpiece, but I must not be known to be the speaker.

I need not tell you that I have the highest confidence in Mr. Greeley. He is a great power. Having him firmly behind me will be as helpful to me as an army of one hundred thousand men.

This was to be most severely regretted, when Greeley became a traitor to the cause, editorialized for compromise and separation—and promoted McClellan as Democratic candidate for the Presidency.

That he has ever kicked the traces has been owing to his not being fully informed. Tell Gilmore to say to him that, if he ever objects to my policy, I shall be glad to have him state to me his views frankly and fully. I shall adopt his if I can. If I cannot, I will at least tell him why. He and I should stand together, and let no minor differences come between us; for we both seek one end, which is the saving of our country. Now, Governor, this is a longer letter than I have written in a month,—longer than I would have written for any other man than Horace Greeley.

Your friend, truly,

A. LINCOLN.

P. S.—The sooner Gilmore sees Greeley the better, as you may before long think it wise to ventilate our policy on the Trent affair.



ORDER AUTHORIZING GENERAL HALLECK TO SUSPEND THE WRIT OF HABEAS CORPUS,

DECEMBER 2, 1861.

MAJOR-GENERAL H. W. HALLECK, Commanding in the Department of Missouri.

GENERAL:—As an insurrection exists in the United States, and is in arms in the State of Missouri, you are hereby authorized and empowered to suspend the writ of habeas corpus within the limits of the military division under your command, and to exercise martial law as you find it necessary in your discretion to secure the public safety and the authority of the United States.

In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed at Washington, this second day of December, A.D. 1861.

A. LINCOLN.

By the President: WILLIAM H. SEWARD, Secretary of State.



ANNUAL MESSAGE TO CONGRESS.

WASHINGTON, December 3, 1861

FELLOW-CITIZENS OF THE SENATE AND HOUSE OF REPRESENTATIVES:—In the midst of unprecedented political troubles we have cause of great gratitude to God for unusual good health and most abundant harvests.

You will not be surprised to learn that in the peculiar exigencies of the times our intercourse with foreign nations has been attended with profound solicitude, chiefly turning upon our own domestic affairs.

A disloyal portion of the American people have during the whole year been engaged in an attempt to divide and destroy the Union. A nation which endures factious domestic division is exposed to disrespect abroad, and one party, if not both, is sure sooner or later to invoke foreign intervention.

Nations thus tempted to interfere are not always able to resist the counsels of seeming expediency and ungenerous ambition, although measures adopted under such influences seldom fail to be unfortunate and injurious to those adopting them.

The disloyal citizens of the United States who have offered the ruin of our country in return for the aid and comfort which they have invoked abroad have received less patronage and encouragement than they probably expected. If it were just to suppose, as the insurgents have seemed to assume, that foreign nations in this case, discarding all moral, social, and treaty obligations, would act solely and selfishly for the most speedy restoration of commerce, including especially the acquisition of cotton, those nations appear as yet not to have seen their way to their object more directly or clearly through the destruction than through the preservation of the Union. If we could dare to believe that foreign nations are actuated by no higher principle than this, I am quite sure a sound argument could be made to show them that they can reach their aim more readily and easily by aiding to crush this rebellion than by giving encouragement to it.

The principal lever relied on by the insurgents for exciting foreign nations to hostility against us, as already intimated, is the embarrassment of commerce. Those nations, however, not improbably saw from the first that it was the Union which made as well our foreign as our domestic commerce. They can scarcely have failed to perceive that the effort for disunion produces the existing difficulty, and that one strong nation promises more durable peace and a more extensive, valuable, and reliable commerce than can the same nation broken into hostile fragments.

It is not my purpose to review our discussions with foreign states, because, whatever might be their wishes or dispositions, the integrity of our country and the stability of our government mainly depend not upon them, but on the loyalty, virtue, patriotism, and intelligence of the American people. The correspondence itself, with the usual reservations, is herewith submitted.

I venture to hope it will appear that we have practiced prudence and liberality toward foreign powers, averting causes of irritation and with firmness maintaining our own rights and honor.

Since, however, it is apparent that here, as in every other state, foreign dangers necessarily attend domestic difficulties, I recommend that adequate and ample measures be adopted for maintaining the public defenses on every side. While under this general recommendation provision for defending our seacoast line readily occurs to the mind, I also in the same connection ask the attention of Congress to our great lakes and rivers. It is believed that some fortifications and depots of arms and munitions, with harbor and navigation improvements, all at well-selected points upon these, would be of great importance to the national defense and preservation I ask attention to the views of the Secretary of War, expressed in his report, upon the same general subject.

I deem it of importance that the loyal regions of east Tennessee and western North Carolina should be connected with Kentucky and other faithful parts of the Union by rail-road. I therefore recommend, as a military measure, that Congress provide for the construction of such rail-road as speedily as possible. Kentucky will no doubt co-operate, and through her Legislature make the most judicious selection of a line. The northern terminus must connect with some existing railroad, and whether the route shall be from Lexington or Nicholasville to the Cumberland Gap, or from Lebanon to the Tennessee line, in the direction of Knoxville, or on some still different line, can easily be determined. Kentucky and the General Government co-operating, the work can be completed in a very short time, and when done it will be not only of vast present usefulness but also a valuable permanent improvement, worth its cost in all the future.

Some treaties, designed chiefly for the interests of commerce, and having no grave political importance, have been negotiated, and will be submitted to the Senate for their consideration.

Although we have failed to induce some of the commercial powers to adopt a desirable melioration of the rigor of maritime war, we have removed all obstructions from the way of this humane reform except such as are merely of temporary and accidental occurrence.

I invite your attention to the correspondence between her Britannic Majesty's minister accredited to this government and the Secretary of State relative to the detention of the British ship Perthshire in June last by the United States steamer Massachusetts for a supposed breach of the blockade. As this detention was occasioned by an obvious misapprehension of the facts, and as justice requires that we should commit no belligerent act not founded in strict right as sanctioned by public law, I recommend that an appropriation be made to satisfy the reasonable demand of the owners of the vessel for her detention.

I repeat the recommendation of my predecessor in his annual message to Congress in December last in regard to the disposition of the surplus which will probably remain after satisfying the claims of American citizens against China, pursuant to the awards of the commissioners under the act of the 3d of March, 1859. If, however, it should not be deemed advisable to carry that recommendation into effect, I would suggest that authority be given for investing the principal, or the proceeds of the surplus referred to, in good securities, with a view to the satisfaction of such other just claims of our citizens against China as are not unlikely to arise hereafter in the course of our extensive trade with that empire.

By the act of the 5th of August last Congress authorized the President to instruct the commanders of suitable vessels to defend themselves against and to capture pirates. His authority has been exercised in a single instance only. For the more effectual protection of our extensive and valuable commerce in the Eastern seas especially, it seems to me that it would also be advisable to authorize the commanders of sailing vessels to recapture any prizes which pirates may make of United States vessels and their cargoes, and the consular courts now established by law in Eastern countries to adjudicate the cases in the event that this should not be objected to by the local authorities.

If any good reason exists why we should persevere longer in withholding our recognition of the independence and sovereignty of Haiti and Liberia, I am unable to discern it. Unwilling, however, to inaugurate a novel policy in regard to them without the approbation of Congress, I submit for your consideration the expediency of an appropriation for maintaining a charge d'affaires near each of those new States. It does not admit of doubt that important commercial advantages might be secured by favorable treaties with them.

The operations of the treasury during the period which has elapsed since your adjournment have been conducted with signal success. The patriotism of the people has placed at the disposal of the government the large means demanded by the public exigencies. Much of the national loan has been taken by citizens of the industrial classes, whose confidence in their country's faith and zeal for their country's deliverance from present peril have induced them to contribute to the support of the government the whole of their limited acquisitions. This fact imposes peculiar obligations to economy in disbursement and energy in action.

The revenue from all sources, including loans, for the financial year ending on the 30th of June, 1861, was $86,835,900.27, and the expenditures for the same period, including payments on account of the public debt, were $84,578,834.47, leaving a balance in the treasury on the 1st of July of $2,257,065.80. For the first quarter of the financial year ending on the 30th of September, 1861, the receipts from all sources, including the balance of the 1st of July, were $102,532,509.27, and the expenses $98,239733.09, leaving a balance on the 1st of October, 1861, of $4,292,776.18.

Estimates for the remaining three quarters of the year and for the financial year 1863, together with his views of ways and means for meeting the demands contemplated by them, will be submitted to Congress by the Secretary of the Treasury. It is gratifying to know that the expenditures made necessary by the rebellion are not beyond the resources of the loyal people, and to believe that the same patriotism which has thus far sustained the government will continue to sustain it till peace and union shall again bless the land.

I respectfully refer to the report of the Secretary of War for information respecting the numerical strength of the army and for recommendations having in view an increase of its efficiency and the well-being of the various branches of the service intrusted to his care. It is gratifying to know that the patriotism of the people has proved equal to the occasion, and that the number of troops tendered greatly exceeds the force which Congress authorized me to call into the field.

I refer with pleasure to those portions of his report which make allusion to the creditable degree of discipline already attained by our troops and to the excellent sanitary condition of the entire army.

The recommendation of the Secretary for an organization of the militia upon a uniform basis is a subject of vital importance to the future safety of the country, and is commended to the serious attention of Congress.

The large addition to the regular army, in connection with the defection that has so considerably diminished the number of its officers, gives peculiar importance to his recommendation for increasing the corps of cadets to the greatest capacity of the Military Academy.

By mere omission, I presume, Congress has failed to provide chaplains for hospitals occupied by volunteers. This subject was brought to my notice, and I was induced to draw up the form of a letter, one copy of which, properly addressed, has been delivered to each of the persons, and at the dates respectively named and stated in a schedule, containing also the form of the letter, marked A, and herewith transmitted.

These gentlemen, I understand, entered upon the duties designated at the times respectively stated in the schedule, and have labored faithfully therein ever since. I therefore recommend that they be compensated at the same rate as chaplains in the army. I further suggest that general provision be made for chaplains to serve at hospitals, as well as with regiments.

The report of the Secretary of the Navy presents in detail the operations of that branch of the service, the activity and energy which have characterized its administration, and the results of measures to increase its efficiency and power such have been the additions, by construction and purchase, that it may almost be said a navy has been created and brought into service since our difficulties commenced.

Besides blockading our extensive coast, squadrons larger than ever before assembled under our flag have been put afloat and performed deeds which have increased our naval renown.

I would invite special attention to the recommendation of the Secretary for a more perfect organization of the navy by introducing additional grades in the service.

The present organization is defective and unsatisfactory, and the suggestions submitted by the department will, it is believed, if adopted, obviate the difficulties alluded to, promote harmony, and increase the efficiency of the navy.

There are three vacancies on the bench of the Supreme Court—two by the decease of Justices Daniel and McLean and one by the resignation of Justice Campbell. I have so far forborne making nominations to fill these vacancies for reasons which I will now state. Two of the outgoing judges resided within the States now overrun by revolt, so that if successors were appointed in the same localities they could not now serve upon their circuits; and many of the most competent men there probably would not take the personal hazard of accepting to serve, even here, upon the Supreme bench. I have been unwilling to throw all the appointments north-ward, thus disabling myself from doing justice to the South on the return of peace; although I may remark that to transfer to the North one which has heretofore been in the South would not, with reference to territory and population, be unjust.

During the long and brilliant judicial career of Judge McLean his circuit grew into an empire-altogether too large for any one judge to give the courts therein more than a nominal attendance—rising in population from 1,470,018 in 1830 to 6,151,405 in 1860.

Besides this, the country generally has outgrown our present judicial system. If uniformity was at all intended, the system requires that all the States shall be accommodated with circuit courts, attended by Supreme judges, while, in fact, Wisconsin, Minnesota, Iowa, Kansas, Florida, Texas, California, and Oregon have never had any such courts. Nor can this well be remedied without a change in the system, because the adding of judges to the Supreme Court, enough for the accommodation of all parts of the country with circuit courts, would create a court altogether too numerous for a judicial body of any sort. And the evil, if it be one, will increase as new States come into the Union. Circuit courts are useful or they are not useful. If useful, no State should be denied them; if not useful, no State should have them. Let them be provided for all or abolished as to all.

Three modifications occur to me, either of which, I think, would be an improvement upon our present system. Let the Supreme Court be of convenient number in every event; then, first, let the whole country be divided into circuits of convenient size, the Supreme judges to serve in a number of them corresponding to their own number, and independent circuit judges be provided for all the rest; or, secondly, let the Supreme judges be relieved from circuit duties and circuit judges provided for all the circuits; or, thirdly, dispense with circuit courts altogether, leaving the judicial functions wholly to the district courts and an independent Supreme Court.

I respectfully recommend to the consideration of Congress the present condition of the statute laws, with the hope that Congress will be able to find an easy remedy for many of the inconveniences and evils which constantly embarrass those engaged in the practical administration of them. Since the Organization of the government, Congress has enacted some 5000 acts and joint resolutions, which fill more than 6000 closely printed pages and are scattered through many volumes. Many of these acts have been drawn in haste and without sufficient caution, so that their provisions are often obscure in themselves or in conflict with each other, or at least so doubtful as to render it very difficult for even the best-informed persons to ascertain precisely what the statute law really is.

It seems to me very important that the statute laws should be made as plain and intelligible as possible, and be reduced to as small a compass as may consist with the fullness and precision of the will of the Legislature and the perspicuity of its language. This well done would, I think, greatly facilitate the labors of those whose duty it is to assist in the administration of the laws, and would be a lasting benefit to the people, by placing before them in a more accessible and intelligible form the laws which so deeply concern their interests and their duties.

I am informed by some whose opinions I respect that all the acts of Congress now in force and of a permanent and general nature might be revised and rewritten so as to be embraced in one volume (or at most two volumes) of ordinary and convenient size; and I respectfully recommend to Congress to consider of the subject, and if my suggestion be approved to devise such plan as to their wisdom shall seem most proper for the attainment of the end proposed.

One of the unavoidable consequences of the present insurrection is the entire suppression in many places of all the ordinary means of administering civil justice by the officers and in the forms of existing law. This is the case, in whole or in part, in all the insurgent States; and as our armies advance upon and take possession of parts of those States the practical evil becomes more apparent. There are no courts or officers to whom the citizens of other States may apply for the enforcement of their lawful claims against citizens of the insurgent States, and there is a vast amount of debt constituting such claims. Some have estimated it as high as $200,000,000, due in large part from insurgents in open rebellion to loyal citizens who are even now making great sacrifices in the discharge of their patriotic duty to support the government.

Previous Part     1 ... 16  17  18  19  20  21  22  23  24  25  26  27  28 ... 35     Next Part
Home - Random Browse