ntl
THE PRESIDENT'S MESSAGE.
¥ ‘Wasningron, Dee, 9, 1803.
Fellow citizens of the Senate and House of
Representatives : — Another year of health,
and. of sufficiently abundant harvests, has
assed. For these, and especially for the
improved condition of our National affairs,
our renewed and profound gratitude is due.
We remain in pence and friendship with
foreign powers.
The efforts of disloyal citizens of the
United States, to involve us in foreign wars,
to aid un inexcusable insurrection, have
been unavailing. Her Brittanic Majesty’s
Government, as was justly expected, have
exercised their anthority to-prevent the de-
arture of new hostile expeditions from
ritish ports. The Emperor of France hax,
hy a like proceeding, promptly vindicated
the neotrality which he proclaimed at the
beginning of the contest. :
Questions .of great intricacy and import-
ance have arisen out of the blockade and
other belligerent operations between the
Government and several of the maritime
powers ; but they have been discussed, and
as far ns was possible, accommodated in a
apirit of frankness, justice and mutual good
will.
It is especially gratifying that our prize
courte, by the impartiality of their adjadi-
cations, Lave commanded the respect and
confidence of maritime powers.
The supplemental treaty between the
United States and Great Britain for the
suppression of the African Slave trade,
made on the 17th day of February last, has
been duly ratified and carried into execu-
tion. It is believed that, so far as Ameri:
ean ports and American citizens are con-
cerned, that inhuman and odious traffic
hae heen brought to an end,
I shall submit, for the consideration of
the Senate, a convention for the adjustment
of possession claims in Washington Terri-
tory, arising out of the treaty of the 15th of
June, 1840, between the United States and
Great Brituin, and which have been the
source of sume disquiet among the citizens
of that now rapidiy improving part of the
country.
A nosel end important question involving
the extent of the maritime jurisdiction of
Spain on the waters which surroond the
Island of Cuba, has been debated without
reaching an agreement, and it i proposed
in an awicable epirit to refer it to the arbi-
trament of a friendly power. A convention
for that purpose will be submitted to the
Senate.
I have thoifght it proper, subject to the
approval of the Senate, to concur with the
interested commercial powers in an arrange-
ment for the liquidation of the Scheldt
dues upon the prisciples which have Leen
heretofore adopted in regard to the imposts
apon navigation in the waters of Denmark.
The long pending controversy between
this Government and that of Chili, touching
the seizure at Sitena, in Peru, by Chilian
officers of a large amount in treasure be-
longing to citizens of the United States, Las
Zraen hrought to a close by the award of his
Majesty, the King of the Belgians, to whose
arbitration the question was referred hy the
parties. The subject was thoroughly and
patiently examined by that justly respected
magistrate, and althongh the sum awarded
to the claimants may not have been as
large as they expected, there is no reason
$0 distrust tha wisdom of his Majesty’s de-
«cision. That decision was promptly eom-
plied with by Chiii when intelligence ia re-
gard to it reacted that country.
The joint commission, under the act of
the last session, for carrying into effect the
convention with Peru on the subject of
claims, bas been organized at Lima, and is
engaged in the business intrusted to it.
Ditficulties euncerning the inter-oceanic
transit throogh Nicarauga, are in course of
amicable adjustment.
In conformity with the principles set
forth in my last annual message, I have re-
ceived a representative from the United
States of Columbia, and have accredited a
minister to that Republie.
Incidents cecurring in the progress of our
civil war have forced upon my attention the
anecertain state of international questions
touching the rights of foreigners in this
country, and of United States citizens
abroad, in regard to some governments.
These rights are at least partially defined
‘hy treaties. Ia no instance, however, ig it
expressly stipulated that in the event of
civil war a foreigner residing in this eoun-
try within the lines of the insurfents is to
be exempted from the rule which classes
him as a belligerent, in whose behalf the
government of his country cannot expect
any privileges or immunities distinct from
that character. I regret to say, however,
that such olaime bave been put forward,
and in some instances in behalf of foreign-
ers who have lived in the United States a
greater part of their lives. There is reason
to believe that many persons born in for-
eign countries, who have declared their in-
tention to become citizens, or who have
been fully naturalized, have evaded the
military duty required of them by denying
the fact, and thereby throwing upon the
government the harden of proof.
It has been found difficult, or impractice-
ble, to obtain this proof from tho want of
guides to the proper sources of information.
These might be supplied by requiring
clerks of courts where declarations of in-
tention may be made, or naturalizations ef-
fected, to send periodically a ‘list of the
names of persons naturalized or declaring
their intention to become citizens, to the
Secretary of the Interior, in whose depart
ment these names might be arranged and
printed for general information. There is
glso reason to believe that foreigners fre-
quently become citizens of thelUnitediStates
for the sole purpose of evading duties im-
posed by the laws of their native countries,
to which, on becoming naturalized here,
civil obligation on the ground of alienage.
In common with other Western powers,
our relations with Japan have heen brought
into serious jeopardy through the perverse
opposition of the hereditary aristocracy of
the empire to the enlightened and liberal
policy of the Tycoon, designed to bring the
country into the society of nations. It is
hoped, although not with entire confidence,
that these difficulties may be peaceably
overcome. I ask your attention to the
claim of the minister residing there for the
damages he sustained in the destruction
by fire, of the residence of the Legation at
Yeddo.
Satisfactory arrangements have been
made with the Emperor of Russia, which it
is believed will result in effecting a contin-
uous line of telegraph through that Empire
from our Pacific coast. I recommend to
your favorable consideration the subject of
an international telegraph across the At-
lantic ocean, and also a telegraph between
the Capital and the National forts along the
Atlantic seaboard and Gulf of Mexico.
Such communications, established with any
reasonable outlay, would be an economical
as well as effective aid in the diplomatic,
military and naval service.
The consular system of the United States
under the enactment of the last Congress
begins to be self sustaining, and there is
reason to hope that it may become entirely
80 with an increase of trade, which will en-
sue whenever peace is restored.
Our ministers abroad have been faithful.
ly defending American rights. In protect
ing commercial interests, our consuls have
necess®rily had to encounter increased Ja-
bors and responsibilities growing out of the
war, These they have, for the most part,
met and discharged with zeal and efficiency.
This acknowledgment justly includes those
consuls who, residing in Morocco, Kyzvpt,
Turkey, Japan, China, and other Oriental
countries, are charged with complex func-
tions and extraordinary powers,
The condition of the several organized
Territories is generally satisfactory, al-
though Indian disturbances in New Mexico
bave not been entirely suppressed. The
mineral resources of Colorado, Nevada, Ida-
hoe, New Mexico and Arizona are proving
tar richer than has been heretofore under-
stood. I lay before you a communication
on this subject from the Governor of New
Mexico.
L again submit to your consideration the
expediency of establishing a system for the
encouragement of immigration. Although
this source of national wealth and strength
is again flowing with greater freedom than
for several years betore the insurrection
occurred, there is still a great deficiency of
laborers in every field of industry, especial-
ly in agriculture and in our mines, as well
of iron and coal as of the precious metals.
While the demand for labor is thus increas-
ed here, tens of thousands of persons desti-
tute of renumerative occupation, are throng-
ing our foreign consulates and offering to
emigrate to the United States, if essential
but very cheap assistance can be afforded
them, It is easy to see that under the
sharp discipline of civil war, the nation is
beginaing a new life. His noble effort de-
mands the aid and ought to receive the at-
tention and support of the Government.
Injuries, unforseen by the government
and unintended, may in some cases have
been inflicted on the subjects or citizens of
furcign countries, both at sea and on land,
by persons in the service of the United
States. As this Government expects re-
dress from other powers when similar inju-
ries are inflicted by persons in their service
upen citizens of the United States, we must
be prepared to do justice to foreigners. If
tbe existing judicial tribunals are inade-
quate to this purpose, a special court may
be authorized with power to hear and de-
cide such claims of the character referred
to as may have arisen under treaties and
the public law. Conventions for adjusting
the claims by joint commissions, have been
proposed to some governments, but no defi-
nite answer to the proposition has yet been
received from any,
In the course of the session I shall prob-
ably have occasion to request you to pro-
vide indemnification to claimants where de-
crees of restitution have been rendered and
damages awarded by Admiralty Courts, and
in other cases where this Government niay
be acknowledged to be liable in principle,
and where the amount of that liability has
been ascertained by an informal arbitra-
tion,
The proper officers of the Treasury have
deem:d themselves required by the law of
the United States upou the subject to de
mand a tax upon the income of fureign con
suls in this country. While such a demand
may not, in strictness, be in derogation of
public law, or perhaps of any existing trea-
ty between the United States and a foreign
country, the expediency of so far modifying
the act as to exempt from tax the incomes
of such consuls as are not citizens of the
United States, derived from the emoluments
of their office, or from property not situated
in the United States, is submitted to your
serious consideration. I make this sugges-
tion upon the ground thht a comity which
ought to be reciprocated exempts our con-
suls in all other countries from taxation, to
the extent thus indicated. The United
States, I think, onght not to be "exception.
ally illiberal to interoationai trade snd com-
merce.
The operations of the Treasury during
the last year have been successfully conduct-
ed. The enactment by Congress of a Na-
tional Banking Law, has proved a valuable
support of the public credit; and the gen-
eral legislation in relation to loans has fully
answeied the expectations of its favorers.
Some amendments may be required to per-
fect existing laws. But no change on their
principles or general scope is believed to be
needed.
Since these measures have been in opera-
they at onco repair, and though never re-|
turning to the United States they still claim |
the interposition of this Government as eiti- |
zens. Many altercations and great preju-|
dice have heretofore arisen out of this
abuse. [tis therefore sabmitted to your|
serious consideration, It might be advisa-|
ble to fix a limit beyond which no citizen |
of the United States residing abroad may |
claim the interposition of his Government. |
The right of suffrage has often been as-|
sumed and exer 1 by aliens, under pre- |
tenees of nataral on, which they have |
disav tod into the military |
service, 1 submit the expediency of such |
an amendment of the law as will make the
fact of voting an estoppel against any plea
of exemption from military services or other
tion, all demands on the Treasury, inclu-
ding the pay of the army and navy, have
been promptly met and fully satisfied. No
considerable body of troops, itis believed,
were ever more amply provided and more
liberally and punctually paid, and it may
be added, that by no people were the bur-
dens incident to a great war ever mare
cheerfully borne. The receipts during the
year {rom all sources, including loans and
the balance in the Treasury at its com-
mencement, were $901,125,674 86, and the
ageregate disbursements, $895,796,630 65,
leaving a balance on the 1st of July, 1863,
of $5,329,044 21. Of the receipts, there
wera derived from customs $60,059,642 40;
from internal revenue, 837,640,787 95; from
direst tax, $1,485,108 61 ; from lands, $167,-
617, 17 ; from miscellaneous sources, $3,-
046,615 35; and from loans, 8770,682,361-
57, making the aggregate $901,125,674 86.
Of the disbursements there were: For the
civil service, $23.253.022 08; for pensions
and Indians, $4,216,520 79, for interest on
public debt, $24.729.846 51 ; for the War
Department, $599,208,600 83 ; for the Navy
Department, $63,211,105 27 ; for payment
of founded & temporary debt, $181,086,635-
07, making the aggregate $895,796,630 65,
and leaving the balance of $5,329,044 21.
But the payment of funded and temporary
debt having been made from moneys bor-
rowed during the year, must be regarded as
merely nominal payments, and the moneys
borrowed to make them as merely nominal
receipts. Their amount, $181,086,635 07,
should therefore be deducted both from the
receipts and disbursements. - This being
done, there remains as actual receipts. $720,-
039,093 79, and the actual disbursements,
$714,709,995 58, leaving the balance as al-
ready stated.
The actual receipts and disbursements
for the first quarter, and the estimated re-
ceipts and disbursements for the remaining
three quarters of the current fiscal year,
1864, will be shown in detail by the report
of the Secretary of the Treasury, to which
1 invite your attention.
Ti is sufficient to say here that itis not
believed that actual results will exhibit a
state of the finances less favorable to the
coantry than the estimates of that officer
heretofore submitted, while it is confidently
expected that at the close of the year both
disbursements and debt will be found pret-
13 fonsiosmably less than has been anticipa-
ted.
The report of the Secretary of War is a
document of great interest. It consists of
First, The military operations of the year
detailed in the report of the General-in-
Chief,
Second, The organization of colored per-
sons into the war service.
Third, the exchange of prisoners. fully
set forth in the letter of General Hiteheock.
Fourth, The operations under the * Act
for Enrolling and Calling Out the National
Forces,” detailed in the report of the Pro-
vost Marshal General.
Fifth, The organia
Corps ; and *
Sixth, The operations of the saveral De-
partments of the Quartermaster General,
Commissary Ceneral, Paymaster General,
Chief of Engineers, Chief of Ordnance, and
Surgeon General. lc has appeared impos-
sible to make a valuable summary ot this
report, except such as would bs too extend-
ed for this place; and hence I coute it my-
self by asking your careful attention tw the
report itself,
The duties devolving on the naval branch
of the service during tha year, and through-
out the whole of this unhappy contest, have
been discharged with fidelity and eminent
success, The extensive blockade has been
constantly increasing in efficiency ss the
navy has expanded. Yet on so long a line,
it has so far been impossible to entirely sup-
pres illicit trade. From returns received
atthe Navy Department, it appears that
more than 1,000 vessels have been captured
since the blockade was instituted, and that
the value of prizes already sent for adjudi-
cation amounts to over $13,000,000.
The naval force of the United States son-
sists, at this time, of 588 vessels, completed
and in the course of completion, and of
these 75 are iron clad or armored steamers,
The events ofithe war pives an increased io-
terest and importance. to the navy which
will probably extend beyond the war itself.
The armored vessels in our Navy, com-
pleted and in the service, or which are un-
der contract and approaching completion,
are believed to exceed in number those of
any other power. But while these may be
relied upon for harbor defence and coast
service, others of greater strength and ca-
pacity will be necessary for cruising pur-
poses and to maintain our rightful posi-
tion on the‘oc2an,
The change that has taken place in naval
veesels and naval warfare since the intro-
duction of steam as a motive power for ships
of war, demands either a corresponding
change in some of our existing Navy Yards,
or the establishment of new ones for the
construction and necessary repair of modein
naval vessels. No inconsiderable embar-
rassment, delay and public injury have
been experienced from a waat of such gov-
ernmental establishments,
The necessity of such a Navy Yard, so
furnished, at some suitable place upon the
Atlantic seaboard, has, on repeated ovcea-
sions, been brought to the attention of Con-
gress by the Navy Department, and is again
presented in the report of the Secretary,
which accompanies this communication, I
think it my duty to invite your special at-
tention to this subject, and also to that of
establishing a yard and depot for naval
purposes, upon one of the western riv-
ers.
A naval force has been created on those
interior waters, and under many disadvan-
tages, within little more than two years,
exceeding in numbers the whole naval force
of the country at the commencement of the
present administration. Satisfactory and
1mportant as have been the performances of
the heroic men of the navy at this interest-
ing period, they are scarcely more wonder-
ful than the success of our mechanics and
artizans in the production of war vessels,
which has created a new form of naval pow-
er. Our country has advantages superior
to any other nation in our resources of iron
and timber, with inexhaustible quantities
of fuel in the immediate vicinity of both,
and all available and in close proximity to
navigable waters. Without the advantage
of public works, the resburces of the nation
have been developed and its power display-
ed in the construction of a navy of such
magnitude, which has, at the very pericd of
its creation, rendered signal service to the
Union,
The increase of the number of seamen in
the public service, from 7,500 men in the
spring of 1861, to about 34,000 at the pres-
ent time, has been accomplished without
special legislation, or extraordinary boun-
ties to promote that increase. Tt has heen
found, however, that the operation of the
draft, with the high bounties paid for army
recruits, is beginning to effect injuriously
the naval service, and will, if not corrected
ba likely to impair its efficiency by detach-
ing seamen from their proper calling, and
inducing them to enter the army. I there-
fore respectfully suggest that Congress
might aid both the army and naval services
by a definite provision on this subject,
ition of the Invalid
which would at the same time be equitable
$asihe communities more especially interest-
ed.
I commend to your consideration the sug-
gestion of the Secretary of the Navy in re-
gard to the policy of {ustering and training
seamen, and also the education of officers
and engineers for the naval service. The
Naval Academy is rendering signal service
in preparing midshipmen for the highly re-
sponsible duties which, in after life, they
will be required to perform. In order that
the country should not be deprived of the
proper quota of educated officers, for which
legal provision has been made at the naval
school, the vacancies caused by the neglect
or omission to make nominations from the
States in insurreetion, bave been filled by
the Secretary of the Navy. The school is
now more full and complete than at any
former period, and in every respect entitled
to the favorable consideration of Congress.
During the past fiscal year the financial
condition of the Post Office Department has
been one of increasing prosperity, and I am
gratified in being able to state that the act-
ual postal revenue hasnearly equalled the en
tire expenditures, the latter amounting to
$11,314,206 84, and the former to $11,163,-
2 59, leaving a deficiency of but $150,417,
In 1860, the year immediately praceding
the rebellion, the deficiency amounted to
$5,650,705 49, the postal receipts of that
year being $2,645,722 19, less than those of
1863. *
The decrease in 1800 in the actual amount
of transportation has becn only about 25
per cent., but the annual expenditure on
account of the #ime has been reduced 35
per cent, lv is manifest, therefore, that
the Post Office Department may become self-
sustaining in a few years, even with the
restoration of the whole service,
The intarnational conference of Postal
Delegates from the principal countries of
Earope and America, which was calied at
the suggestion of the Postmaster General,
met in Parison the 11th of May last, and
concluded iis deliberations on the Sth of
Juve. The principles established by the
conference as best adapted to facilitate pos-
tal intercourse between nations, and as the
basis of future postal conventions, inaugu-
rate a general system of uniform interna-
tional charges at reduced rates of postage,
and cannot fail to produce beneficial resnits.
I refer you to the report of the Secretary
ot the Interior, which is herewith laid be-
fore you, for useful and varied infdrmation
in Mo to the public lands, Indian af
fairs, patents, pensions, and other matters
of public concern pertaining to his depart-
ment. 1
The quantity of land disposed of during
the last and first quarter of the present fis-
cal year was 3,841,549 acres, of which 161.-
O11 acres were sold for cash. One milhon
four hundred ard fifty-six thousand five
hundred and fourteen acres were taken up
under the Homestead law, and the residue
disposed of umler the laws grafiting lands
for military bounties, for railread and other
purposes, It also appears that ihe sale of
the public landa is largely on the increase.
Iu has long been a cherished opinion of
some of our wisest statesmen that the peo-
ple of the United States bad a higher and
wore enduring interest in tha early settie-
ment and substantial cultivation of the pub-
lic lands than in the amount of direct rev-
enue to be derived from the sale of them.
This opinion has had a controlling influence
in shaping legislation upon the sahject of
our national domain.
I may cite as evidence of this the liberal
measures adopted in reference to actual set-
tlers 5 the grant ro®he State of the overflow-
ed lands within their limits in order to
their being reclaimed and rendered ft
for cultivation. The grants to railway com-
panies of alternate sections of land upon the
contemplated lines of their roads, which,
when completed, will so Jargely multiply.
the facilities fur reaching our distant pos-
sessions,
The policy has received its most signal
and beneficial illustration in the recent
enactment granting homesteads to actoal
settlers,
Since the first of January last, the be-
fore mentioned quantity of 1,456,514 acres
of land have been taken up under 118 peovi-
gions. This fact and the amount of sales,
furnish gratifying evidence of increasing
settlement upon the public bands, notwith.
standing the great struggle in which the
energies of the nation have been engaged,
and which has reqaired so large a with-
drawal of our citizens from their accustom-
ed pursuits,
I cordially conenr in the recommendation
of tha Secretary of the Interior, suggesti3
a modification of the act in favor of those
enzazed in the military and naval service
of the United States. I doubt not that
Congress will cheerfully adopt such mea-
sures as will, without essentially ehanging
the general features of the system, secure,
to the greatest practical extent, its benefits
to those who bave left their homes in the
defence of their country in this arduous
erisis.
I invite your attention to the views of
the Secretary as to the propriety of rais-
ing, by appropriate legislation, a revenue
from the” mineral lands cf the United
States.
The mesures provided at your last ses-
sion for the removal of certain Indian tribes
have been carried into effect. Sundry trea-
ties have been negotiated, which will, in due
time, be submitted for the constitution ac-
tion of the Senate.
They contain stipulations for extinguish.
ing the possessory rights of the Indians to
large and valuable tracts of land. It is
hoped that the cffect of these treaties wilt
result in the establishment of permanenl
friendly relations with such of these tribes
as have been brought into frequent and
bloody collision with our outlying settle-
ments and emigrants. Sound policy and
our imperative duty to these wards of the
Government, demand our anxious and con-
stant attention to their material well-being
to their progress in the arts of civilization
and shove all for that moral training which,
under the blessings of Divine Providence,
will confer upon them «the elevated and
sanctifying influences, the hepes and con-
solations of the Christian faith.
I suggested in my last annual message
the property of remodeling oar Indian
system. Subsequent aveuts have satisfied
me of necessity. The details set forth
in the report of the Secretary evince the
urgent need for immediate legislative ac-
tion.
I comment the benevolent institutions,
established or patronized by the Govern-
| benefits of this provision only to a State
ment, in this District, to your generous and
fostering care.
The attention of Congress during the last
session was engaged to some extent with a
proposition for enlarging the water come
munication between the Mississippi river
and the North Dastern seaboard, which
proposition, however, failed for the time.
Since then, upon a call of the greatest
respectability, a convention has been held
at Chicago upon the same subject, a sum-
mary of whose views is contained in a mem-
orial addressed to the President and. Con-
gress, and which I now have the honor to
lay before you. That this interest is one
which, ere long, will force its own way, I
do not entertain a doubt.”
While itis submitted entirely to your
wisdom as to what can ba done now, aug-
mented interest is given to this subject by
the actual commencement of work upon the
Pacific Railroad, under suspices so favora-
bly to rapid progress and completion. That
enlarged navigation becomes a palpable need
to the great road.
I transmit the Second Annual Report of
he Commissioner of the Department of
Agriculture, asking your attention to the
developments in that vital interest of the
nation,
When Congress assembled’a year ago,
the war had already lasted nearly twenty
months, and there had been many conflicts
on both land and sea, with varying results.
The rebellion had been pressed back into
reduced limits, yet the tone of public feel
ing and opinion at home and abroad was
not satisfactory. With other signs and
popular elections, then just passed, indicat-
ed uneasiness among ourselves, while amid
much that was coll and menacing the
kindest words coming from Europe, were
uttered in accents of pity that we were too
blind to surrender a hopeless cause.
Our commerce was suffering greatly by a
few armed vessels built upon and furnished
from foreign shores, and we were threaten-
ed with such additions from the same quar-
er as would sweep our trade from the seas
and raise our blockade. We had failed to
elicit from European Government anything
hupeful upon this subject.
The preliminary Emancipation or Proc-
lamation, issued in September, was running
ita assigned period to the beginning of the
new year. A month later the final Procla-
mation came, including the announcement
that colored men of suitable condition would
be received into the war servica. The poli-
cy of emancipation, and of employing black
soldiers, gave to the future a new aspect,
about which hope and fear and doubt con-
tended in uncertain conflict.
According to our political syatem, as a
matter of civil administration, they General
Government had po lawful power to effect |
sipation in any State, and for a lung |
time it had heen hoped that the rebellion
could uppressed without resorting to it
as a military measurs,
It was, all the while, deemed possible that
tha sacessity fur it might come, and, that if |
it should, the crisis of the contest would |
then be presented,
It eame, and, 88 was anticipated, was [ul-
posite and hostile element external to, or
even within the State, and such aro precise-
ly the cases with which we are now deal
ling.
An attempt to guarantee and protect a re-
vived Brate Government, in whole or ina
preponderate part, from the very element
against whose hostilities and violence it is
to he protected, is simply absurd. There
must be a test by which to separate the op-
posing elements, so as to build only from
the sound, and that test is a sufficiently lib-
eral one which accepts as sound whoever
will make a sworn recantation of his former
unsoundness.
But if it be proper to require as a test 0)
admission to the political body an oath of
allegiance to the Constitution of the United
States and to the Union under it, why not also
to the laws and proclamations in regard to
slavery ?
m ton
Those laws and proclamation were enact-
ed and pat forth for the purpose of aiding
in the suppression of the rebellion. To
give their fullest effect there had to bea
pledge for their maintenance. In my judg-
ment, they have aided, and will further aid,
the cause for which they were intended. To
now abandon them would be not only to re-
linguish a lever of power, but would also he
a cruel and an astounding breach of faith,
I may add, at shis point, that while I re-
main in my present position, I shall not at-
tempt to retract or modify the Emauncipa-
tion Proclamation, nor shall I return to sla-
very any person who is free by the terms of
that Proclamation, or by any of the acts of
Congress.
For these and other reasons it is thought
beat that sunport of these measures shall be
included in the oath, 4nd it is believed the
Executive may lawfully claim it in return
for pardon and restoration of forfeited rights,
which he has clear constitutional power to
withhold altogether or grant upon the terms
which he shall deem wisest fur the public in-
terest.
It should be observed also that this part
of the oath is subject to the modifying and
abrogating power of legislation and su-
preme judicial decision.
The proposed acquiescence of the nation-
al Executive in any reasonable temporary
State arrangement forthe freed people, is
made with the view of possibly modifying
the confusion and destitution which must
at best attend all classes by a total revola-
tion of labor throughout the whole States,
It iv hoped that the already deeply afflict-
ed people in those States may be somewhat
more ready to give up the cause of their af-
{diction if to this extent this vital matter be
left to themselves, while no power of the
National Executive to prevent an abuse is
abridged by the proposition,
The anggertion in the Proclamation as to
maintaining the political framework of the
State, or what is called reconstrustion, is
made in the hope that it may do good with-
ont danger or harm. It will save labor
and avoid great confusion, But why any
Proclamation now upon this subject 7 This
question is beset with the conflicting views
that the step might be delayed too long or
be taken too soon,
lowed by dark and doubtful days. Eleven
months having now passed, we are permit |
|
ted to take another review. The rebel bor- |
ders nre preceeded still further back by the |
complete opening of the Mississippi; the]
conntry dominated by the rebellion is di-|
vided into distinct parts, with no practical
communieation between them. Tennessee
and Arkansas have heen substantially clear-
ed of insurgents control, and icflucnotial
citizens in each, owners of slaves and
advocates of Slavery at the hoginning of the
rebellion, now declara openly for Emanzip-
ation in their respective States,
Of those States not included in the Eman-
cipation Proclamation, Maryland and Mis-
souri, neitherof which three years ago would
tolerate any restraint upon the extension of
slavery into new Territories, only dispute
now as to the best mode of removing it
within their own limits.
Of those who were slaves at the begin-
ning of the rebellion, full 100,000 are now
in the military service, about one-half of
which number actually bear arms in the
ranks—thuas giving the double advantage
of taking 80 much labor from the insurgent
cause, and supplying the places which
must otherwise be filled with so many white
men.
So far as tested it is difficult to say that
they are not as good soldiers as any. No
servile insurrection, or tendency to violence
or cruelry, has mnrked the measures of em-
ancipation and arming the blacks. These
measures have been much discussed in for-
eign countries, and, contemporary with such
discussion, the tone of public sentiment
there is much improved,
At home the same measures have been
fully discussed, supported, criticised and
denounced, and annual elections following
are highly encouraging to thoss whose offi-
cial duty it is to hear the country. through
this great trial. Thus we have ths new
reckoning. The crisis which threatened to
divide the friends of the Union is past.
Looking, now, to the present and fu‘ure,
and with reference to a resumption of the
national authority within the States where-
in that authority has been suspended, 1
have thought fit to issue a Proclamation, a
copy of which is herewith transmitted. On
examination of this Proclamation it will ap-
pear, as is believed, that nothing is attemp-
ted beyond what is amply justified by the
Constitution,
True the form of an oath is given, but no
man is coerced to take it ; the man is only
promised a pardon in case he voluntarily
takes the oath. The Constitution author-
izes the Executive to grant or withhold the
pardon at his own absolute discretion, and
this includes the power to grant on terms,
as is fully established by judicial end other
authorities,
Itis also proffered that if any of the
States named a State Government shall be,
in this mode presacihed, set up, such Gov-
ernment shall be recognized and guaran-
teed by the United States, and that unler
imthe State shall, on tho Constitutional con-
ditions, be protected against invasion and
domestic violence.
The Constitutional obligation of the Uni-
ted States to guarantee to every State in
the Union a republican form of government,
aad to protect the State in the cases stated,
is explicit and full. But why tender the
Government set up in this particular way?
This section of the Constitation contem-
plates a case wherein the element within
a State favorable to republican Government,
In some Statea the elements for resump-
tion seem ready for action, but remain inae-
tive, apparently for the want of a rallying
point—or plan of action, Why shall A
adopt the plan of B, rather than IB that of
A; aud if A and B should agree, how can
iey know but that the General Govern-
ment here will reject their plan,
By the Proclamation a plan is presented
which may be accepted by them as a raliy-
ing point, and which they are assured in ad-
vance will not be rejected here. This may
bring them to act sooner than they other-
wise would,
The objections to a premature presenta-
tion of a plan by the National Executive,
consists in the danger of committals on
points which could be more safely lefs to
further developments,
Care has been taken to so shape the doc-
ument as to avoid embarrassments from this
source. Suging that, on certain terms, cer-
tain classes will be pardoned, with rights
restored, it is not said that other classes or
other terms wili never he included.
Saying that reconstruction will be accept-
ed if presented in a specific way, it is not
said it will never be accepted in any other
way.
The movements by State action, for eman-
cipation in several of the States not inclu-
ded in the Emancipation Proclamation, are
matters of profound gratulation.
And while I do not repeat in detail what
I have heretofore so earnestly urged upon
this subject, my general views nud feslings
remain unchanged, and I trust that Con-
gress will omit no fair opportunity of aiding
theso importaut stepsto= great consumma-
tion.
In the milst of other cares, however im-
portant, we must not lose sight of the fact
that the war power is siill our main reli-
ance; to that power alone canZwe look yet
for a time tu give confidence to the people
in the contested regions, that the insurgent
power will not again overran them.
Until that confidence shail he established,
little can be done anywhere for what is call-
ed reconstruction.
Ilenca our chiefest care must still be di-
rected t) the army and navy, who have thus
far borne their harder part so nobly and
well,
And it may be esteemed fortunate that in
giving the greatest efficiency to these indis-
pensable arms, do also honorably recog-
nize the gallan en, from commander to
sentinel, who composed them, and to whom,
more than tc others, the world must stand
indebted for the hope of freedom disen-
thralled, rgenerated, enlarged and perpetu-
ated, ABRATIAM LINCOLN.
December 8th, 1863.
Proclamation of Amnesty.
The following proclamation is appended
to the message :
PROCLAMATION.
Waereag, in and by the Constitution of
the United States, it is provided that the
President ** shall have power to grant re-
prieves and pardons for offences against the
United States, except in vases of impeach-
ment ; and
Whereas, A rebellion now exists whereby
tha loyal State governments of several
States have for a long time heen 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
in the Union, may be too feeble for an op-
Congress, declaring forfeitures and confisca-
tion of property and liberation of slaves,
all upon terms and conditions therein sta-
ted, and also declaring that the President
was thereby authorized at ny time thereaf-
ter, by proclamation, to extend to persons
who may have participated in the existing
rebellion, inany State or part thereof, par-
don 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 conditiopal pardon accords
with well-established judicial exp sition of
the pardoning power ; and
Whereas, With reference to said rebelfion
the President of the United States hay is-
sued several proclamations, with: provisions
in regard to the liberation of slaves ; and
Whereas, It is now desiced by some. per-
sons heretofore engaged in said rebellion tir
resume their allegiance to the United States
and to reinangurate loyal State govern-
ments within aud for their respective States;
therefore, :
I, Abraham Lincoln, Presid:ut of the
United States, do. proclaim, declare and
make krown to sll persons who huve directs
ly or by implication, participated in the ex-
isting rebellion, except aw hereinafter ox-
capted, that a full pardon is hereby granted
to them and each of them, with restoration
of all rights of property. except as to slaves,
and in property cases where rights of third
parties shall have intervened, and upon the
condition that every such person shall take
and subscribe an oath, and thenceforward
keep aud maintain said oath inviolate ; and
which oath shall be registered for perma-
nent preservation, and shall bo of the tenor
and effect following, to wit:
“4, —— , do solemnly swear, in
presence of Abnighty God, that I will
henceforth faithfully sappors, protect and
defend che Conatitution of the United States
aud the union of the States thereunder;
and that I will, in like manner, abida by
and fuithfully suppore all acts of Congress
passed during the exiating rebellion with
reference to slaves, so long and so far as nob
repea:ed. modified or held void hy €ongress
or by decision of the Supreme Court; and
that 1 will, in liké manner, abide by and
faithfully support ail proclimations of the
President, made duricg the existing rebul=
lion, having reference to slaves, so long and
ao far as not modified or declared void by
decision of the Supreme Court. So help
me God.”
The persons excented from the benefits of
the foregoing provisions are all who are or
shall iave been, civil or diplomatic officers
or agents of the so-called confederate gov-
ernment ; all who have left judi stations
under tha United States to aid the rebsllion;
all who are, or shall have heen, military «2
naval officers of said so-called eofedera o
government above the rank of colonel ia he
army, or of lieutenant in the navy ; all who
have left seats in the United States Cure
gress to aid the rebellion ; all who resigned
commissions in the army or navy of the
United States, and afierwards aided tho re -
beilion ; and ali who have engaged in any
way in treating colored nersons, or whi.e
persons in charge of sueh, otherwise than
lawlally as pris of war, and which
persons may have been found in the United
States service as sol 8, seamen, or in any
other capacit
Sify,
And [do further pre
make known, that wh
States of A aay, I
sissippi, Tennessee, Alabama, Georgio,
Florida, Ssuth Carolina and North Carols
na, 8 number of s008, not less than one-
tenth in number of the votes cast in sach
State ap the Presidential election of the
year of our Lord ons thousand eight hune
dred and sixty, each having taken the oath
aforesaid and not having since violated it,
and being a qualifind voter by the election
law of the State existing immediately be-
fore the so-called act of secession, and ex-
cluding all others, shall re-establish a State
government which shail be republican, and
in no wise contravening said oath, such
shall be recognized as ths true government
of the State, and the State shall receive
thereunder the benefits of the constitutionat
provision which declares that “*she United
States shall guarantee to every State in this
Union a republican form of government,
and shall protect each of them against in-
vasion ; and cn application of the legisla-
ture, or the executive, (when the legislature
cannot be convened,) against domestic vie.
lence.”
And I do further. proclaim, declare and
make known that any provision which may
be adopted by such State Governu ent in re-
to the freed people of such State, which
shall recognize and declare their permanena
freedom, provide tur their education, and
which muy yet be consistent, as a tempora-
ry arrangement, with their present condi-
tion as a laboring, landless and homeless
class, will not be oljected to by the Nation
Executive, And it is suggested as not im-
proper, that, in constructing a loyal Sate
Government in any State, the name of the -
State, the bougdary, the subdivisions, the
constitution, and thie general coda of laws,
as before the rebellion, be maiutained, sub-
ject ouly to the modifications made necessa-
ry by the conditions ‘hereinbefore stated,
and sach others, if any, nut contravening
said conditions, and which m iy ba deemed
expedient by those {ruining the new State
government,
“To avoid misunderstanding it may be
proper to say that this proclamation, so fae’
as it relates to State governments, has no
reference to States wherein loyal State goy-
ernments have all the while been maintain.
ed. And for the same reason it way ha
proper to further say, that whether inem-
bers sent to Congress from any State shall
ba admitted to seats constitutionally, resta
exclusively with the respective [fouses aud,
not to any-exient with the Executive,
And still further, that this proclamation
is intended to present the people of the
States wherein the National authority has
been suspended’ and loyal State govern-
ments bave been sul verted, n mode in and
by which the National authority and loyal
State governmonts may be re-establish-d
within said States, or in any of tHem, an:
while the mode presented is the best the
Executive can suggect, with bis presen
impressions, it must not he understood thag
2 other possible mode would be accepta-
ie.
Given under my hand at the city of Wagh-
ington, the 8th day of December, a. pn.
ons thousaud eight hundred and six-
[ros] ty-three, and of the independence of
the United States of America the
eighty-eightii.
ABRAHAM LINCOLN,
1
im, declare and
ver, in any of the
as, Louisiana, Mis