The Franklin repository. (Chambersburg, Pa.) 1863-1931, December 16, 1863, Image 2

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Fellow-citizens of the SenateantVlioithe, of
• 4 ,
Another year of health anApf'sufficient4
abundant harVests hailiassed.-L;For these;
• and especially for the improyed.Condition of
our National - affairs, our renewed" and pro
found gratitude to - God is due.
We remain in Peace and friendship; with-
Rireign powers. • - •
' - ' , Theetforts of disloyal citizens of Mated
Skates to involve u` in foreiguwars to aid in
anicusnbleinsurreetion, have been unavailing.
net. Britanic Majesty's Government, as Was
justly expected, - have exercised their author
ity to prevent the departure of new hostile
arpedition.s from British ports. The Empe
ror of France has by a like proceeding
promptly vindicated the neutrality which he
proclaimed at the, beginning of the cent*
Questions of great intricacy and ,impottance
hge, ari , en out of the blockade and other
b6ligerent operations ICtßreen the Govern-,
merit and several-oi the maritime powers, but
they'beive been discussed, and. so fai as was
-,possible. accommodated in a spirit of frank
ness, justice and mutual good-will. It is, e's
pecially gratifying that our Prize courts,
by the impartiality of their adjudications,
Moire commanded tue respect and confidence
ofimaritime lowers.,
The Sni plemental treaty between the Uni
ted States and Great Britain for the suppres
sion of African Slave trade, made on the 17th
day of February last, has been duly ratified
agd carried into execution. It is believed
that so ' far as American ports and American
citizens are concerned, that inhuman and
odions traffic has been brought to an end.
shall submit for the consideration of the
&nate a Z.Onvention for the adjustment of
Possessory Clai, es, in :Washington Territory,
arising out of the treaty of the 15th of June,
1g46, between the United States and Great
Britain. and which have been the source of
some disquiet among the citizens of that now
rapidly improving part okhe country.
A: novel and importantquestion, involving
the extent of the zutrititne jurisdiction of
Spain in the waters which surround the is
land ,of Cuba, has been debated without
reaching an agreement, and it is proposed,
he an amicable spirit, 'to refer it to the arbi
trament of a friendly pouer. . A convention
for that purpose will be submitted to the
I have thought it proper, subject to the
itp . proval of the Senate. to concur with the
interested CommerCial Powers in an arrange,-
meiat-for the liquidation of, the Scheldt duei
upon the principles which lave been hereto
for adopted in regard to the imposts upon
navigation; in the wators - of Denmark. The
lowspending controve7sy betv,-een this gov
ernment and that of Chili touching the seiz
stre,at Silwia. in Peru, by 1: hi ttu'6 hicers, of a
large amount in treasure bel ongin gto citizens
•..of the United Statei, has been hi-ought to a
close by the award of his majesty th • King
at., the Belgians, to whose arbitration the
'• question was referred by the - parties. The
cul2ject was thoroughly and patiently .efam
ineorby that justly respe.ted magistrate, and
although the suns awarded to the claimants
may-not have been as large au they expected.
there is no distrust the wisdom of
hig majesty's derision. The decision was
promptly complied with by Chili, when in
telligence in regard to it reached that couti
. .
„The joint cow fission under the act of the.
lait session for carrying into effect the con-
vintion vith Peru the subject of claims
Ms been organized at Lima, and is engaged
itt the business entrusted to it.
The difficulties concerning inter-oceanio
transit through Nicaragua arc in the course
of amicable adjustment: •
in conformity - with the principles set forth
my last annual. message, I have received
a representative from the Tnited States of
ablumloia, and have credited a minister to
that republic.
• incidents occurring in the progress of, wr
devil war have forced uponmy attention the
uncertain state of international . questions
touching the rights of foreigners in this coon
tfy,"and of United States citizens abroad.
In regard to some governments theie rights
are at least partially defined by treaties. In
up instance, however, is it expressly stipula
ted, that in the event of civil war a for
ulgriervresiding in this country, within the
lines of the insurgents, is to be exempted from
the rule which classes him as a belligerent,
in-whose belie' lf the Government of his coun.,
tip cannot. express any Privileges or immu
nities distinct r from that character. regret
to say, howeyer, that such claims have been
put forward, - and in some instances in behalf
erfforeigners who have lived in the Unitnd
Stateti the greater 'part of their lives.
',There is reason to believe that many per
sons born in foreign Countries who have de;
dared their intention to become citizens or
who have been fully naturalized, have eyed
g fife military duty required of them by de
ll/Ali the fact, and thereby throwing upon
6: 4 G-overnment the burden . of proof. It
has been found difficult or impracticable to
clitaln the proof from the want of guides to
tpe "proper source of information. These
might be supplied by requiring the Clerks of
COurts where declarations of intentions may
be:rnatic or naturalization 'effected, to send pe
rrodically lists of the names of the persons
naturalized or declaring their intention to
beeenie citizens, te, the Secretary of the In
terior. in whose `Department these names
ri i ig m, be arranged and printed for general.
ihfcipmition.: There is alsoreason . to believe
lat'foreigners frequently become citizens of
-41 e, United States for the sole purpose of
tending the duties imposed by the laws of
their native country, to which, on becoming
naturalized here, they at' once repair, and
thchlgb never returning to the United States
they still claim the interposition of this gov z .
sintnent as citizens.
Arany . altercations 'and great prejudices
• hitt* heretofore arisen out of this abuse. It
ik, -- therefore, submitted to your serious con
..sideration It might be advisable to fix. a
liiiiitkeyond which no citizen of the United
Antes, residing abroad, May claim the inter
plieltion of his Government. The right fif
olitriage has often been assutned and exercis-
AxrbY aliens, under pretenses of naturaliza
tion which they had-disowned when drafted
iftto the Military service. I submit the ex
,kiieney of such an amendment of the laws
is 'will make the fact of voting an estoppel
igainst any plea of exemption from military
service_ or other civil obligations on the
poun of alienage.
In common with other Western Powers,
' out - reLtioni With Japan have been brought,
into serious jeopardy through the perverse
opposition of the hereditary, aristocracy ' of
the-Empire,lci the enlightened and 'lifieral
policy Of the Tycoon, :desigired•to bring the
Cituxitryinlo the.society of nations.- It is to
bg- hope& although not. - with entire conitr,
tienee, that theie,ditliculties. may bq peace
fully overcome. •
I.oi.your attention to the.. Claim 0 the
ministers residing,there for •the - dasnages he
skulained in the destruction, lay fire, of tile!
.residence of the legation at,Teddo. •
• Satisfactory arfangomenla have boon tri j o e ,
with t labe Eroperor of ItuFsis, which it is be
lieved will effec in?' a continuous
line of telegraph tikrough (that Empire from
our. Pacitlc7Coast. I recoMmend to your fa
iorableiconsidehtion% thfs subject of an in
teraaftbnnf' telegraph ,across - ,the, Atlantic
Ocpam• and.alSo of a telegrap between this
Caltitar aturtbe NatiOnallorts alOng
lantie Seaboaid 4thd the GUlf of Mexico.
Such communitcaions established with any
reasonable outlay would be economical as well
as cffective'aids to the diplomatic, military
and naval service. .
The consular system of"the United States
under - the dinietmentS 'off the last Congresse
begins to be.self-sustaining , and there is rea
son to hope that it •may ecome entirely so
with the increase of trad Which will ensue
Whenever peace is restored: .
Our ministers abroad havelieen faithful .
defending American rights. In protecting
our commercial interests} our consuls have
necessarily had to encounter increased labors
and responsibilities grow [ ing.out of the war.
These they have for the most pit, friet - tind
discharged with -zeal and efficie'n4.' 'Vhis
acknowledgment justly includeathese consuls
who, residing in Moroccp, Egypt, Turkey,
Japan, China, and other oriental countries,.
are charged with - complex functions and ex
traordinary powers.
The condition, of the several organized ter
ritories is generally satisfactory, although
the Indian Aisturbances 'in Ne Vir Mexico have
not been entirely suppre i ssed. The mineral
resources of Colorado, Is evade, Idaho, New
Mexico and Arizona Ilreyroving far Oicher
than heretofore understood. I lay ,before
you a communication on this sabject from
the Governor of New Idexico I Again sub
mit to your consideration the expediency of
establishing a system foa 'the encouragement
of immigration. Alitipugh this source of
national wealth and strength is again floWing
with greater freedom thitn for several years
before the insurrection occurred,-there is still
a great deficiency of laberers in every field
of industry, especially in agriculture and_ in
our mines, as well of iron and coal, as of the
-precious metals. , Whilel the demand for la
bor is thus increased here, tens of thousands
of persons, destitue of remunerative occtipti
tion, are thronging - our 1 foreign consulates
and'offerin& to enugratelto the United States
if essential, but: very cheap, assistance i can
be afforded ilibm. It is easy to see that un
der the sharp discipline a civil war, the na
tion is beginning a new life. This noble ef
fort demands the aid and ought to receive
the attention and support of the Govern
ment. ' 1 , ',
Injuries unforseen by 'the Government,
and unintended, may iii some cases have
I been inflicted upon the snbjects or citizens of
foreign countries,• both at sea and on land,
by persons in the service !of the United States.
As this Government expects, redress, from
other, powers when. similar injuries are in
flicted by persons in their -service upon 1 1 citi
zens of the United States, we must be pre
pai•ed to do justice to foi•eigners.
- If the - existing judicial - tribunals are in
adequate for this purpose a special court may
be authorized, with poWerto hear and.decide
such claims of the , character referred to, as
may have arisen under treaties and the pub;
lic law. Conventions for - adjusting the claim
by joint commission lialve been proposed to
to someo:payernmentlbut no definite an
swer to the propositicaThas yet been received
from any. 1
- Di the course of the session I shall proba
bly have occasion to request you to provide
indemnification to claimants where deciees
of restitution have been iendered, and date r
ages awarded by the! Admiralty Courts.
And in other.cases whb - re•this Government
may be acknowledged to be liable in princi
ple, and where the amount of that liability
has been ascertained bY an informal arbitra
tion, the proper officers of the Treasury have
deemed themselves recidiredby the law of the
United States upon the' subject, to demand a
tax upon the incomes df Foreign Consuls in
this country. While Such a demand; may
not, in strictness, be a derogation of public
law, or perhaps, of any ; existing treaties be
tween the United States: and a foreign coun
try, the expediency of so far modifying - the'
act as to exempt from tax the income 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 )rbut; serious
consideration. . - •
.1. ,
I make this suggestion upon the ground
that a comity which ought to bc reciprocated
exempts our consuls in all other countries
from taxation. To the extent thus indicated,
the United States, I think, ought not to be
. illiberal to international' trade
and commerce.
The operations of thel Treasury during the
last year have been successfully conducted.
The enactment by Congress of a National
Banking Law -has provcd a valuable support
of-the public credit, and the - general legisla
tion in relation to loans has fully • answered
the expectations of its favorers. Some amend
ments may-be required to perfct existing
laws. but no change. in their principles or
general scope is believed to be needed.
Since these measures,' have been-in 'opera
tion all demands on the Treasuryhincluding
the pay of the army and the navy, have been
promptly met and fully . satisfied. No con
siderable body of troops, it is believed, were
ever more amply provided and More liber
fitly and punctually paid, and it may be add
ed that by no people were the burdens inci
dent to .41 great war Byer more cheyfully
The receipts during the'year from all Sour-:
ces, including loans ark' the balance in the
Treasury at its commencement, were, $901,-:
125,674 86—the aggregate disbursements
$895,796,610 65, leaving a balance on'the Ist
of July, 1863, 0f,55,329,044 21. -
Of these receipts thee were derived from
Customs, $69,069,642 40. From Internal
Revenue, $37,640,787 95. From direct tax
es, $1,485,103 61. From Lands, $167,017 17.,
From miscellaneous sources, $8,046,015 35;
and from Loans $776,682,301 57, making the
aggregate $901,125,074 86. ,
Of the disbursements there were fer the
civil service, $282,539" 22; 'for pensidns and
Indians, $4,216;620 ; for interest on pub
lic debt, $24,720,846 51; for the War De
partment, $599,298,600 83; for the Navy
Department $03,211,105 27; for payment
of funded and temporarY debt, $181,086,635
07; making the aggregate - $ 89 5,796,639 - 65,
and leaving the balance of; $5,329,044 21, •
But the pymaents of the funded and tern
poray debt •having been paid from monies
borrowed during the-year, must be regarded
as merely nominal - paynieriVand the monies
borrowed to make themlfa merely nominal'
receipts, and their amount 5181,086635
should therefore, be deducted befit from the:
receipts and. disbursements. _". ,
This being' done, there remains as actual.
receipts $720,039,039 '79, and‘the. actual dis-'
bdrsenients $714,709,085 s§, leaVing the bah'
slice as 'already stated .••••
The actual receipts and .disbursements for,
the first quarter, and the estimated .receipts
and disbursements for the remaining three
quarters of the current' &car year, of 1864,.
will be shown in detail by.the. report of the
Secretary of the TreaSury, to which, I invite ,
your attention. • ,
It is sufficient twits.* here - that it is not be
lieved that the actual! results will exhibit a •
itije Franklin Oteember 16, 1.863.
state of the finances
_less favorable - to the
country than the - estimates of that officer
herhtofore submitted,'" while it is confidently
expected that at:the eloSis of the year both
disbursements and debts will be found Very
considerably Ids , tharilias been'anticipated.
The report of the Secretary of War is a doe
nmentof general interest; It consists of
1,; ,- 4'irst.—The military operations of the year,
detailed in the report ofthe.GencFal-in-chief.
Second.=—The organization of colored, per
sona into the war!service. t.
"hira.- 7 .-Jhe exehil.nge of
.Rrisoiners .
set forth in the letter of General Ititalieock.
Foura.—the aperatitins - mider' the ifet for
enrolling . and calling out the rational forces
detailed, in the report of the ProvostXursiral
- .
.--klifth,.- 7 -The organization Of the, 'ilialid
Corps, and •
Sixth.=The operation of the several de
partments of the Quartemaster General, Com
missary General, PayinasteT General, Chief
Of Engineers, Chief of Ordnance, and Surg
edit General.,
It has Appeared, impossible to make, a reli
able siimmary of this report, except such as
would be too extended for this • place, and
hence content myself by referring your at 7
tentiOn to the report itself.
1 1.11 e duties devolving on the naval branch
of the service during the yearand through
out the *hole of this unhappy contest, have
been discharged with fidelity; and eminent
The extensive bloekadehas;been constant
ly increasing in efficiency, as the Navy has
expanded; yet on so long a line Whas so far
been impossible to 'entirely suppress illicit
From the returns - received at the Navy
Department it appears that more than ono
thousand vessels have been captured since
the Blockade was instituted, and that the
value of prizes already sent in for adjudica
tibn amounts to over $l-3,006,000.
The naval force of the United' States con
sists ut this time of 588 vessels completedand
il& course of completion, and of these 75
are iron-clad or , arm l=ed steamers: , The
events of the was give n increased interest
and importance to the navy, which will prob
ably extend
,beyoad the war itself. ,
The armored vessels in our navy complet
ed and in service, or which are under .con-,
tract and approaching completion, are be-'
lieved to exceed in number thoSe of any, other
power; but while these may be relied,ukon
for harbor defencb and coast service, others
Of greater strength, and capacity will be nec
essary for cruising . purposes, and to maintain
our rightful position on the ocean: The
change that has taken place - in' naval vessels
and naval warfare since the introduction of
steam as a motive 'power for ships, of war,
demands eit\er a corresponding change in
some of our-existing Navy Yards or the es
tablishment of new ones for the construction
and necessary repairs of modern naval vessels. '
No inconsiderable embarrassment,• delay
and public injury have been experienced, from
the want ofsuch - Govetument - establishments
The necessity of such a Navy Yard so
furnished at some suitable -place upon the
Atlantic sea board has, on repeated occasions,
been brought to the attention of Congress by
the Navy Department ; ind is againpresented
in, the report of the Secretary, which accom
panies this communication.
I think it my duty to invite your special.
attention to this subject, and also-to that of ,
establishing it yard and depot for naval pur-.,
poses upon one of the Western rivers. A
naval force has been - created on these interior
waters, ^ and under many disadvantages,
within little more than two years, exceeding
in numbers the whole naval force of-the
country at the commencement °lithe present
Administration. Satisfactory and important
as have been the performances of the heroic
men of the Navy, at this interesting period,
they are scarcely more wonderful than the
services of_our mechanics and artisans in the
production of war vessels, which' has created
a new form ofnaval power.
Qur country has advantages superior to
any other nation in our resourcesX iron and
timber, with inexhaustible quantities of fuel
in the immediate vicinity, of both, and all
I available and in close proximity tenavigable
waters. Without the advantage of public
work's, the resources of the nation have been
developed and its power displayed in the
construction of a navy of such magnitude,
' which has at the very period 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 iSell, N'about .14,000 at the present
time, bas been accomplished without special
legislation or. extraordinary bounties to pro
}note; that increase.. It has been found
however that the operation of the draft, with
the high bounties paid for army recruits, is
--beginning to affect injuriously the naval ser
vice,-and will, if not - corrected, be likely to
impair its efficiency by detaching seamen from
their proper vocation, and inducing them'to
enter the •armv., I therefore respectfully
suggest that Congress might aid both the
army and naval services by. a definite pro
vision on this Subject, which would-at the
same time be equitable to 'the communities
more especially interested.
I commend to your consideration the sug
gestions of the Secretary of the Navy in re
gard to the policy of fo4ering and training
seamen, and also the education of the officers
and engineers, for the naval service. The
Naval Academy is rendering signal service
in preparing midshipmen 4-br the highly
responsible- duties z which in after life they
will be required to perform..
In order that the country should not bo
deprived of the proper quota of eductitcd of
ficers, . for which legal provision has been
made at the Naval School, The vacancits
caused 'by the neglect or onaission,to make
'nominations from the States in insurrection ,
lave beefifilled by the Secretary of th e Navy.
The School_is now more full and complete
than at any former.period, and in every re
spect 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 ac
tual Postal Revenue has nearly ualed the en
tire expenditu res the latter amounting to $11,. ,
814.206 84,•tind the former to $11,163,789 59,
leaving a deficiency of but $150,417 25. In
1860, the year immediately preceding the re
bellion, the deficiency amounted to - $ 5 ,6 56 ,-
705 49, the postal receipts of that year hello.,
$2,645,722 10 less than those of 1863 f The b
decrease since 1860, in the annual ambunt of
transportation bits been 'only about 25 per
nent.,.but ,the :annual expenditures• on 'Roe
Count of the - Atime has been . . redubed 3 6 per'
cent. It. 'is manifest,' therefore, that the
Post • Office Impartment ma' beeoine self
sustaining in... 0 few years, even with the re- t
storation of the whole service. •
The Ihternational Conference of pedal del
egates from the principal dountrieg of Eu
rope and America, which was called at the
'suggestion of the Postmaster,General;lnctiit
Paris on - ihe llth of May last, and concluded
its deliberations-on- the Bth of June. The
principles, establishe,d by the
best adopted to facilitate postal intercourse
betvicten nations; and - as the basis of futtirel
conventions, inaugurated a general system:dr
uniform intarnatipal charges at reduced
rates of p6stage;:and cannot fail to produce
bernefidial retuits:
I refer you to the repOrt,.of the •_ Secretary
OPthelnterior, w,hich isle - rearith laid t before
you, • for useful -and varied 'information in
relation to the Tublier•Lands,
fairs, 'Patents; Pensions, add other 'natters
of public concern, pertaining to his Depart
. quantity of b land diTos l ed,.of, during the
last and the first, quarter bf - , the OreSerittl
yea2rs was three millionseigfit .hundred and
forty-oi3ethOnsand, - five hundred and forty-nine
acres, Of which-161:711 acres *ere sold Mr casn.
1,456,514 acres were taken up under tha lipme
tteAd raw, and the residue disposed of under
laws granting lauds 'for Military bounties, for
railroad and other' purposes.-. It also appears
that,the sale of the public lands is largely on
the increase. It has .long been a cherished
opinion of some' f our wisest Statesmen that
the people. of the United States had-a higher
and more enduring-interest in the early.settle
ment and substantial cultivation of the public
lands, than in the amount of direct revenue to,
be - derived from the sale of them.
?This opinion has had' controlling influence
in shaping legislation upon the eiihject of our
national, domain. I may Cite' as evidence of
this the liberal measures adopted in referende
to acttiarsettlers. The grant to the States of
the overflowed lands within their limits, in or: -
der to their being reclaimed and rendered fit
for Cultivation, the grant to kat head Compa
nies of alternate sections of land upoi3 the coin
timplated lines'of their - road ; when completed,
will largely ; inultiply=the faCilities for reaching
•our distant possessions
This policy has received its most signal and
beneficent.illustration in the recent enactment
granting homesteads to actual settlers: since
the first of January last the before mentioned
quantity of one million four,hundrd and titty
six thousand five hundred and fourteen acre's of
band have been taken up under 'its provisions.
This factand the amount of sales furnish wati-
w ,
tying evidence of increasing settlement _fan
the public' lands, notwithstanding the dent
straggle In which - the energies of the Nation
have been engaged and which has`regnired so
large a withdrawal of our citizens front their
accustomed pusuits.
I cordially concur in the recommendation ,of
the • Secretary of the -Interior, suggesting a
modification of the act in favor.of those enga
fled 'ln the military and naval service of the
TJnitedStates. I doubt not that Congress will
cheerfully adopt such measures as will, without
essentially changing the general features of the
system, secure to the greatest practicable ex--
tent the
to those who have left their
homes in the defence of the *country in his ar
duous crisis. '
I invite your attention tothe views of 'the
Secretary as to the propriety of raising by ap
propriate of legislation a revenue from the
mineral lands of the United States.
The measures provided, at sour last-session,
for, the removal of certain Indian Wits, have
been carried into effect. Sundry treatks have
been negotiated -which will, in due time, be
submitted for the constitutional actioh of the
Senate; ' They contain stipulations fOr extin
guishiug the possessory rights of the Indians, to
large and valuable tracts 9E land.
It is probable that the effects of these treaties
will result in the establishment of a permanent
friendly relation with .such of: these tribes as
have been brought into ftequent and bloody
colli-ions with our outlying settlements and
emigrants. Sound policy and our imperative:
duty to these wards of the Guvernnieat, de
mand our anxious and constant attention,' to
their material well being, tolhbir progress in
the arts of civilization,,aud, above all, to that
moral training, which, under blessing of Divine
Providence, will confer upon them the elevated
and sanctifying influence, the hope and. constr.
lution of , the nristain faith.
I suggested, in .my last annual message, the
propriety of remodeling our Indian system,—
But stibsequent events have.satisfied me of its
necessity. The details set forth in the report
or the secretary will evince the urgent need
for immediate legislative_ action.
.I commend the beneVolent institutions es
tablished or patronized by the Government in
this District to )6ur genevius and fostering
care. .
The attention. of Congress- during the last
session was engaged to `some extviit with a
pioposition for enlarging, the water communi
cations between the Mississippi river and the
• Northeastern seaboard, nrhich proposition, how.
ever, failed for the time. 'Since - then upon a
call of the greatest respectability a Convetitioa
has been called at Chicago upon the same sub
jest a summary of these views is contained in it
memorial addressed - to the. Yresideut t and Con
gress, and.. which I now have the honor to lay
before you. That this interest _which ere
tong - will force its owe way I do not entertain
d doubt, white it is submitted eiatirely to your
wisdom as to what can be dime now.
Aug.neuted intcret is given to'the subject
by the actual commencement of work upon the -
Pacific ktailroad, under auspices so luvoruole to
its rapid progress and completion. Enlarged
navigation beetimes a palpable need to the great
road. •
1 transmit , the second annual report of the
Commissionek- of the Department of Agricut
iure, asking your- attention to the develop
ments in that vital iutere4 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 laud
and sea, with vaiyffig restllts. The rebellion
bad been pressed back into reduced limit's, yet
the tone of public feeling and opinion at home
and abroad, was not satisfactory. -
With other' signs, the popular elections, then
jugt passed, indicated uneasiness among our
selves : while', amid much that_ was cold and
mentieing, the kindest words coining from Eu
rope were uttered in accents of pity—that we
were too blind, to surrender. Our commerce
was suffering greatly by a few armed- vessels
built uporrand furnished from foreign shores,
and we' were threatened with such additions
from the siorne ; quarter as Would sweep our tnide
from the sea - and raise our blockade. He had
failed to elicit from the European governineuts
anything hopeful upon this subject. ; -
The emancipation proclamation, which was
issued in September, was running its assigned
period to the beginning of the new, year, a
month later the final proclamation came inclu
ding the announcement that colored men of
suitable condition would he received into the
war service.
The policy of emancipation and of employing
black soldiers gave to the future a new aspect,
about which hope and fear and doubt contend
ed in uncertain conflict: •
• According to our political system, as a mat
ter of civil administration, the general govern
ment bad no lawful power to effect'ernanciPa
tion In any States, and for a long time it bad
been hoped,that the rebellion could be sup.
prssed without resorting to it as a military
measure. • . • •
It wits all the while deemed possible thatthe
necessiCy for it might come, and that if it
Should, the crisis of the contest would, then be,
presented. It came and as was intended, it
was followed by dark and doubtful days.
, Eleven 'Months have now passed. we are per-
Mitted to take 'another review.
The, rebel borders are .pressed - still further
back, andby the egnipiete opening•of -the Alin
aii,sippi river ! the . sotia try dominated •by the
rebellion is divided into distant. parts, with no
.practical communication between them. Ten
nessee anc Arkansas haVe been substantially
Oleared,of insurgent control and influence, and
the 'citizens in each, owners Of slaves and advo
aite et 'slavery at the beginning of the
I.n, now declare openly for emancipation in
their respective States. Of those States not in.<
eluded iu theAriticipation, Maryland and Mis
soarP,dcither ofWhjob, three yeariego, would
tolerate. any" ise e StrainCupon the extension '`-tif
AmVery into new , Teriitories—only dispute now
As to the hest pad& of rem viug it within their
own , <
Of those Who Weretrlav s at the beginning of
the rebellion, full' :ontrinAidred thousand are
now in the United States military service—
about one-half of which numb& - actuaily_bertr
arms in the. ranks-thus giving the double ad
vantage of taking's() much labor from' the in
Siiigkit eau se "sari Su ppTyiri gi the places - Which
otherwise must - he filled with so many white
then. So far as tested, it is difficult - to gay that
they are, not ai good soldiers Ws any.
insurrection or tendency to violerice or cruelty
hai marked the measures of emancipation ltd
arming the blacks. - Tliese'ineatures have been
much discussed in foreign- countries, and co
temporary with such discussion the tone of
public sentiment there, is much improved. At
home the same measures have been -fully dis
cussed, supported, criticised, and denounced,
and the'annual . electionS following are highly
encouraging to those whose - official duty, it is
to bear the country through this_ great trial.
- Tints we have the new reckoning. The crisis
which threatened to (Hilda the friends of the
Union is past.
Looking now to the present and, future, and
with reference to a resumption of the national
authority within the States wherein that au
thority has been suspended, I hdve thought fit,
to issue 'a protilituation, a copy of which is
herewith transmitted. On examination of this
proclamation it will appear,, as is believed, that
nothing is attempted beyond what is amply
justified by tire Constitution. 'True, the form
of oath is "given, but no man is coerced to take
it. A man is only promised a pardon in case'
be voluntarily takes the oath. The Constitn
tion authorizes the Executive to grant or with
hold 'the pardon at his own absolute disoultion.
and this includes the power to grant on such
terms as, is fully. established by judicial and
other authorities. It is also proffered that if
"in any of the States named, a State Govern
ment shall be in the mode prescribed set up,
such government shall be recognized and guar
antied by the United States, and that under it
the State sh,t ll,on the constitutional cianlitions,
be .protected against invasion and,domestic vi
olence." .
The constitutional obligation of thgl3nited
States to guarantee to every State in the Union
a republican form of government, and to pro
tect the State ill the cases stated, is explicit and
full: But , why tender the benefits of this pro
vision only to a State Government set up id
this particular way?- This section of the Con
stitution- contemplates a case wherein the ele
ment within a State favorable to a republican
form of government in the Union may be too
feeble for au opposite and hostile element, ex-,
ternal to and even within the State: and such
are precisely the. cases which we are how deal
ing An, attempt to guarantee and protect a
revived StaW govettinient, con-tructed , in
•,:abole or iu preponderating part from the very
element against whose hostility and violence it
is to be. protected is simply absurd There must
be a test by which 4; separate the opposing el
ements, so as te build only from the sound ;
and that test is a sufficiently liberal one which
accept 4 as sound whoever will make a sworn
recantation of 'his former unsoundness.
But if it be proper to'require as a test of ad
mission to the political body on oath of alle
giance to the Camtitution - of the United States,
and to the linhxi tinder it, why not also to the
laws and protilaioations in regard. to slavery ?
Those laws and proclamations were enacted
and put forth for the purpose of aiding in the
suppression of the rebellion.: To give, them
them their fullest effect, there bad to ,be a
pledge for their maintenance. In. my judgment
they have aided, and will further aid, the cause
for which they were enlisted. y.
To give up this principle would be not only•
to,reliuquish tileur`of power, put would,also
be a cruel and astounding breach of fait. II
may add, at this point, that while I remain 'in
my present poskuou I shall not attempt to re
tract, or modify' the emancipation. • proclaunt
tion.• Nor shall "I - return to slavery Ta:ly per
son who is free 1:ly the terms" ofthe - proolama-
Mon or by any act of Congress.
Fo these and other reasons, 'it is thought
beet that the support of these measures shall
be included in the oath, and it is believed the
Executive may lawfully claim it in return — for
pardon and , r estoration of forfeited rights
which he has a'clear constitutional • power_ to
withhold altogether, or grant upon the - . terms
which he shall deem wisestfor the public in,
It should be observed, also, that this part of
the oath it; subject to the mudifyitg - and abro
gating power ut legislative-aud- supreme judi
cial decision ,
Toe proposed acquiescence of the National
Executive in any rJasouable ,tetnporary „State.
arrangement for the freed people is made with
a view of possibly mod clog- the confusion and
destitution which muscat least, attend id)
classes by a total revolution of labor through
out whole States. !It is hoped that the already
deeply aillieted people ill those states may be
somewhat. more ready to give-up the cause of
their afti ! ction, if; to this, extent,. this vital
matter be lett to themselves, while no - power
of the National Executive-to PreVent an abuee
is abridged by the proposition-
The suggestion in the proclaination,‘ -as to
maintaining the political -framework of the
States.on. wuat was called re.xinstruction. is
made in the hope that it may be good, with:
out the danger of harm. It will' save labor
and avoid, great confusion. But, why any proc
lamation now upon the subject Y This ques
Lion is beset by the conflicting views that the
step might be delayed too long or' taken' too
soon. In some States the-elements of resump.-
tion seem ready for action, but remain Meet
eve, apparently, for want of a rallying point—
s plan of actiun. Why should - A - adopt the
planof 13 rather than B that of A and- if
,B should agree, hew can the#,,, know- but
that the General Government here will reject
their plan? By the proclamation a 'plan is
presented which may be accepted by them as
a rallying point, and which, they are assured
in advance, will not - be rejected here. This
!hay bring them to act sooner than, they oth
erwise would.
The objection to a premature presentation of
a plan by the National Executive consists •in
the danger of committals on,imints which
Could be more safely left to further develop.
ments. - Care-has been taken to so shape die --
document as to avoid embarrassment from this
source, In saying thatOu certain- terms cer
tain 'classes will he pardoned,
.with their, rights
reStOred, it is not said that other 'classes . ' on
other terms will never be included.' In say
ing that's reconstruction will be, accepted, if
presented iu a specified way, it is not said that
it will never be accepted in arLy other way.
The movements, by State action, for eman
' cipatiun, in several of the Stases not. included
in the emancipation proclamation, are matters
of profound, gratulation ; and while I do not
repeat in detail what - I have heretofore sbearu
estly urged" ulion this subject,- my general
views and feelings remain unchanged, and I.
trust that Congress *ill omit no tair opportu
nity of aiding these important steps to the
great consummation.' In the midst ofother
cares; - however imports A we Must not 10.. e
sight of the fact that Lae war power is
our main reliance ; to ,that power alone can
we lqolt yet fora time to give confidence to
the people in the contested " regiois- that the
insurgent power will, not again ower-raft them.
Until, that confidence shall be established:ht.,.
tie can tie it.te,,itnyiyherulor What is C.tiled re
construction ; hence our cbiefest .: cal . e intist)
alill be.dixectcl . to ilie•atmy -and niPtY, : Jr 119
have thus , far4o,rte.tWrlarder part so nobly
and well. -
Alitlt ony be /Stemetf4orlunate that, in'
giving Ihe'-greatesp effinietieir, to those indi - &-
Pensible aria, we:dO also l:Mrtorahly r ecog a up
the from conunander to Sentinel,
WhOvochisikse.thetmoMiftwvidtmn. more than
to others, the wqrld - mnit stand indebted for
the horse of freedom disenthralled,
ed. 'enlarged, and perpentated.
ABRAHAM .1.4c0w
DeceintiOr k 'lBB3. _ , es.
• The foliowleg Prociatnatietlii: iipkii44
the Message :
PROCLAMATION : Whereas. 11 th •
Cunstirtitiiiit bf the United States,-it is "proVid
ed that the President shall have grip?
reprieves and-pardonsifor offences . against the
United States -except crises-of impe*lttnerrt •;.•
and whereas arenellion nowexistswhereby..the
loyal StategOvernments of - several Staii;s
have for a long time been subiertectatel Mriny
persons have .committed and are now guilty of
treason against the United States, and when reference to said rebellion and - treason,.
laws have. been enacted by Congress declaring ,
forfeiture and cotidication of property and
eration of 'slaves all upon terms' and conditions •
therein stated,and also declaring that the Pre
sident was thereby authorized, at.: any tithe
'thereafter, by Proclamation, to extend to, per-.
sans who may-have participate! in - tfie
ing rebelliod in any -.State; or part thereof, '
pardon add ainnesty, with such exceptions !rad, -
at such terms and on such conditions as - he
May deem expedient for the public nelfare and •
Whereas„ the. Congressional declaration - for
limited and conditional pardon -accords with
well established judicial - exposition of the= par' •
Boning po*er; and
-Whereas, Wth reference to said rebellicer the
President of the United States has issned -ev
era! Proclamations with provisions, in regaed
to the liberation of slaves; and
Whereas, It is now desired by some person
heretofore engaged in said rebellion to .recut
their allegiance - to the United States; ! - and
reinangurate loyal State Governments, within
and for their resixmtiVe State', -
Therefore, I. Abraham President
of the United States, do proclaim, declare,-and
make known to all persons who have directly,
Or by implie s ition, participated in the existing
rebellion, except as herCinafter'excepted,_ that
a -full :p.trduri is hereby • granted to them,
and each of them, with the restoration of, all
rights of property except as to slaves, and - in
property cases When the rig Ats of third•pm tire
shall have intervened; 'and upon the condition •
that every omit perton shall take and Silt s :loH*
an oath, si" thenceforward - keep "and 'main :
tarn said oath inviolate; and which oath shalt
be registered- for permanent pret;errttion,
and shall- be of the tenor and-effect fulloviing;
to wit: - .
."I do solemnly swear, in the presence Of
Almighty God, that I will henceforth faith
fully support, protect, and defend the Conti-'
tution of the =United States and the Union
of the States thereunder; and that I will; In
like manner, abide by and faithfully support
all acts Of Congress passed during the existing'
rebelliori with reference . to slaves, so long and
so far asfrint.,repealed, - Modified,"or held ;void
by Congress, or by decision of the, Supreme-4 c.
Court;, and that I will, in like manner, abide
by and faithfully support all proclamations of
the President made during the existing, rebel
lion having reference to slaves, so lung and an.'
far- as not , modified or declared void by the •
decision of Supreme Court, so help me God;"
The persons excepted frail the benefits: a.
the foregoing Provisions, are all whO are, or
shall have been, civil Or diplomatic '.ofitiCertio - r
agents of the so called Confederate GoVernmen - t;
all who have left judicial stations under the
United States to aid the rebellion; all who - are
or Shall have been military* xi11.V44 oftbatrs2 - 4.,f
said Confederate Government above the rank
of colonel in the army or oflieutenarit in the
navy; all who left seats in the - United States .
Congress to faid in the - rebellion; all 'An - 'fe
signed their commissions in the army or 'navy .
,of the United States, and afterwards aided the . '
rebellion, and all who have engaged tit apt
way in treating colored persons, or white per
sons, in charge of such, otherwise than laWfui , ..
ly ,as Prisoners of war, and which persons 'may
be found, in the United States service aa sold
iers, seamen, or in any other capacity. ' And I
,do furtherliroelaim,declare, and mike known,'
that whenever iu any of the States ,of Arkau
saa,,Texas,.l,ouisiana, Dtississippi, Tentrefter."
Alabama, Georgia Florida, South_ Carolina, .
and forth Carolina,. a uumb. rof person not
I lea's than one tenth number of the vpt. taint
1 in such State, at the Presidential election iu
thnyear of our Lord 1860, each having taken
the oath aforesaid, and not having sinc.ylola.•
ted rcand-being a qualified voter by . ti,e.
tion' law tif the State, existing immediately
before' the so called act of secession,' and ex
eluding all others, shall establish a Spite Gov="
ernment which shall be reptiblicks, and id 'nil,:
wise contravening said oath, such 'shall be tee-,
1 ognized as the true Government of the State, '
and the State thereunder shall 'receive the
benefits Of the constitutional provision which
deelarefi that the United States shall guartiorite'
utevery Ste in this Union a republican form
of government, and shall protect each of , thefti''
againstinvasion, and, on application Inf the
Legislature, or the Executive when the Legisht-- -
ture cannot be convened, against domestic vi- 1
olence. -
And I do . further proclaim,. declare, and
make known, that any provision .which m.ty
be,sdopted,by such State Governmentifn
lation the freed people of such State, rhieh
shall recognize and declare their permanent.
freedom, provide for their education'," and
which may yet be cousistent, as a ternixmity,
arrangement, with their present condition, as
a laboring landless,
_aid _a . homeless dote,
will not be of jeaed to by
. the Nativo4!it=oh...
tiv.e, _
And it is suggested as not improper' that,. In
constructing_a loyal State Gerarnmeut: 'in any
State, the'natne of the State,' ,the boundary,
the subdivisions, the Constitution, and the
generarcOle, Of laws as before tha rebliob
maintained, subject only to the modification.
made necessary . by The condition, hereinbefori
itated,,and Bull others, if any,ntit centruven:
ing thei said (xmditions, and which 'may tat;
deemed expedient by those framing the new
State Gavernment. • !.
To avoiOnisonderstanding, it may be 'prop
er say that this orotlamation, so f.►r` as it
slates to State Governments, has no refer•
since to the - States wherein loyal State Govern
men have all the while been maintainetl;!.'•
-And for the same reason it maybe: proper to.
furtherreay that, whether members of Congress
front any. State shall be admitted to their seat!
Constitutionally rests exclusively with the.r4-
Pective Houses, and not to any extent With tb
Executivd. And still further, that this„ pmts.
lamation is intended to present to the people',
Of the States whereiu the national' authority
--fins been ,suspended, and the loyal State Goy-,
1 - nments have been , subverted, a : mode - by
*filch the national authority and loYel State ,
Governments may be re eamblish'ed 'within the ,
Said States, or in any of them ;, and while' he -
Mode preiented la the best the ExeCutive - 'tan
suggest with his present impressions, -it' Must
not btrunderstood that no other pOssiblo noodts
Weald:be aCceptitble. t.
I (liven under mv, hand at.the city sift Mash.-
ington; the•eighth day "of Decernber4- 10130.1 '
thousand eight iirindred and sixty) three . , and
qf the Independence: of, the United, ritatetr,of -
A.merica. the nighty, eighth _ L •
By the rsesident
'FL /I, Swann,. Secretary;of