Showing posts with label Pardons. Show all posts
Showing posts with label Pardons. Show all posts

Saturday, March 30, 2024

Governor Rutherford B. Hayes to Guy M. Bryan, November 9, 1868

WASHINGTON, November 9, 1868.

DEAR GUY:—I came here last night chiefly to attend to your cause. The President has just given me an order for the pardon of yourself and brothers. I congratulate you all.

I concur fully with the sentiments of your letter. I hope you will all agree to one further amendment of the Constitution, viz., the basis of representation to be voters. This I deem very essential. Don't commit yourself against it until I can write you fully.

I return home tomorrow. All Cincinnati friends are well. Regards to your wife.

As ever,
R. B. HAYES.
GUY M. BRYAN,
        Texas.

SOURCE: Charles Richard Williams, editor, Diary and Letters of Rutherford Birchard Hayes, Volume 3, p. 55-6

Sunday, March 24, 2024

General Robert E. Lee’s General Orders No. 2, February 11, 1865

GENERAL ORDERS No. 2.}

HDQRS. ARMIES OF THE CONFD. STATES,        
February 11, 1865.

In entering upon the campaign about to open, the general-in-chief feels assured that the soldiers who have so long and so nobly borne the hardships and dangers of the war require no exhortation to respond to the calls of honor and duty.

With the liberty transmitted by their forefathers they have inherited the spirit to defend it.

The choice between war and abject submission is before them.

To such a proposal brave men, with arms in their hands, can have but one answer.

They cannot barter manhood for peace nor the right of self-government for life or property.

But justice to them requires a sterner admonition to, those who have abandoned their comrades in the hour of peril.

A last opportunity is afforded them to wipe out the disgrace and escape the punishment of their crimes.

By authority of the President of the Confederate States, a pardon is announced to such deserters and men improperly absent as shall return to the commands to which they belong within the shortest possible time, not exceeding twenty days from the publication of this order, at the headquarters of the department in which they may be.

Those who may be prevented by interruption of communications, may report within the time specified to the nearest enrolling officer or other officer on duty, to be forwarded as soon as practicable, and, upon presenting a certificate from such officer showing compliance with the requirement, will receive the pardon hereby offered.

Those who have deserted to the service of the enemy, or who have deserted after having been once pardoned for the same offense, and those who shall desert or absent themselves without authority after the publication of this order, are excluded from its benefits. Nor does the offer of pardon extend to other offenses than desertion and absence without permission.

By the same authority it is also declared that no general amnesty will again be granted, and those who refuse to accept the pardon now offered, or who shall hereafter desert or absent themselves without leave, shall suffer such punishment as the courts may impose, and no application for clemency will be entertained.

Taking new resolution from the fate which our enemies intend for us, let every man devote all his energies to the common defense.

Our resources, wisely and vigorously employed, are ample, and with a brave army, sustained by a determined and united people, success with God's assistance cannot be doubtful.

The advantages of the enemy will have but little value if we do not permit them to impair our resolution. Let us then oppose constancy to adversity, fortitude to suffering, and courage to danger, with the firm assurance that He who gave freedom to our fathers will bless the efforts of their children to preserve it.

R. E. LEE,        
General.

SOURCE: The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies, Series I, Volume 46, Part 2 (Serial No. 96), p. 1229-30

Saturday, March 23, 2024

Diary of John Beauchamp Jones: February 13, 1865

Coldest morning of the winter.

My exposure to the cold wind yesterday, when returning from the department, caused an attack of indigestion, and I have sufferred much this morning from disordered stomach and bowels.

From Northern papers we learn that Gen. Grant's demonstration last week was a very formidable effort to reach the South Side Railroad, and was, as yet, a decided failure. It seems that his spies informed him that Gen. Lee was evacuating Richmond, and under the supposition of Lee's great weakness, and of great consequent demoralization in the army, the Federal general was induced to make an attempt to intercept what he supposed might be a retreat of the Confederate army. There will be more fighting yet before Richmond is abandoned, probably such a carnival of blood as will make the world start in horror.

The New York Tribune still affects to believe that good results may come from the recent peace conference, on the basis of reunion, other basis being out of the question. The new amnesty which it was said President Lincoln intended to proclaim has not appeared, at least our papers make no mention of it.

Gen. Lee has proclaimed a pardon for all soldiers, now absent without leave, who report for duty within 20 days, and he appeals to their patriotism. I copy it.

HEADQUARTERS ARMIES OF THE CONFEDERATE STATES,

February 11th, 1865.              

GENERAL ORDERS NO. 2.

 

In entering upon the campaign about to open, the general-in-chief feels assured that the soldiers who have so long and so nobly borne the hardships and dangers of the war require no exhortation to respond to the calls of honor and duty.

 

With the liberty transmitted by their forefathers they have inherited the spirit to defend it.

 

The choice between war and abject submission is before them.

 

To such a proposal brave men, with arms in their hands, can have but one answer.

 

They cannot barter manhood for peace, nor the right of self-government for life or property.

 

But justice to them requires a sterner admonition to those who have abandoned their comrades in the hour of peril[.]

 

A last opportunity is offered them to wipe out the disgrace and escape the punishment of their crimes.

 

By authority of the President of the Confederate States, a pardon is announced to such deserters and men improperly absent as shall return to the commands to which they belong within the shortest possible time, not exceeding twenty days from the publication of this order, at the headquarters of the department in which they may be.

 

Those who may be prevented by interruption of communications, may report within the time specified to the nearest enrolling officer, or other officer on duty, to be forwarded as soon as practicable; and upon presenting a certificate from such officer, showing compliance with this requirement, will receive the pardon hereby offered.

 

Those who have deserted to the service of the enemy, or who have deserted after having been once pardoned for the same offense, and those who shall desert, or absent themselves without authority, after the publication of this order, are excluded from its benefits. Nor does the offer of pardon extend to other offenses than desertion and absence without permission.

 

By the same authority, it is also declared that no general amnesty will again be granted, and those who refuse to accept the pardon now offered, or who shall hereafter desert or absent themselves without leave, shall suffer such punishment as the courts may impose, and no application for clemency will be entertained.

 

Taking new resolution from the fate which our enemies intend for us, let every man devote all his energies to the common defense.

 

Our resources, wisely and vigorously employed, are ample, and with a brave army, sustained by a determined and united people, success, with God's assistance, cannot be doubtful.

 

The advantages of the enemy will have but little value if we do not permit them to impair our resolution. Let us, then, oppose constancy to adversity, fortitude to suffering, and courage to danger, with the firm assurance that He who gave freedom to our fathers will bless the efforts of their children to preserve it.

 

R. E. LEE, General.

The Senate did nothing on Saturday but discuss the policy of abolishing the Bureau of Conscription, the office of provost marshal outside of our military lines.

Gov. Smith's salary is to be increased to $20,000, and he is still exempting young justices, deputy sheriffs, deputy clerks, constables, etc.

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 2p. 419-21

Thursday, October 5, 2023

Abraham Lincoln’s 4th Annual Message to Congress, December 6, 1864

Fellow-Citizens of the Senate and House of Representatives:

Again the blessings of health and abundant harvests claim our pro-roundest gratitude to Almighty God.

The condition of our foreign affairs is reasonably satisfactory. Mexico continues to be a theater of civil war. While our political relations with that country have undergone no change, we have, at the same time, strictly maintained neutrality between the belligerents.

At the request of the States of Costa Rica and Nicaragua, a competent engineer has been authorized to make a survey of the river San Juan and the port of San Juan. It is a source of much satisfaction that the difficulties which for a moment excited some political apprehensions, and caused a closing of the interoceanic transit route, have been amicably adjusted, and that there is a good prospect that the route will soon be reopened with an increase of capacity and adaptation. We could not exaggerate either the commercial or the political importance of that great improvement.

It would be doing injustice to an important South American State not to acknowledge the directness, frankness, and cordiality with which the United States of Colombia have entered into intimate relations with this Government. A claims convention has been constituted to complete the unfinished work of the one which closed its session in 1861.

The new liberal constitution of Venezuela having gone into effect with the universal acquiescence of the people, the Government under it has been recognized, and diplomatic intercourse with it has opened in a cordial and friendly spirit. The long-deferred Aves Island claim has been satisfactorily paid and discharged.

Mutual payments have been made of the claims awarded by the late joint commission for the settlement of claims between the United States and Peru. An earnest and cordial friendship continues to exist between the two countries, and such efforts as were in my power have been used to remove misunderstanding and avert a threatened war between Peru and Spain.

Our relations are of the most friendly nature with Chili, the Argentine Republic, Bolivia, Costa Rica, Paraguay, San Salvador, and Hayti.

During the past year no differences of any kind have arisen with any of those Republics, and, on the other hand, their sympathies with the United States are constantly expressed with cordiality and earnestness.

The claim arising from the seizure of the cargo of the brig Macedonian, in 1821, has been paid in full by the Government of Chili.

Civil war continues in the Spanish part of San Domingo, apparently without prospect of an early close.

Official correspondence has been freely opened with Liberia, and it gives us a pleasing view of social and political progress in that Republic. It may be expected to derive new vigor from American influence, improved by the rapid disappearance of slavery in the United States.

I solicit your authority to furnish to the Republic a gun-boat at moderate cost, to be reimbursed to the United States by installments. Such a vessel is needed for the safety of that State against the native African races; and in Liberian hands it would be more effective in arresting the African slave trade than a squadron in our own hands. The possession of the least organized naval force would stimulate a generous ambition in the Republic, and the confidence which we should manifest by furnishing it would win forbearance and favor toward the colony from all civilized nations.

The proposed overland telegraph between America and Europe, by the way of Behring's Straits and Asiatic Russia, which was sanctioned by Congress at the last session, has been undertaken, under very favorable circumstances, by an association of American citizens, with the cordial good will and support as well of this Government as of those of Great Britain and Russia. Assurances have been received from most of the South American States of their high appreciation of the enterprise, and their readiness to co-operate in constructing lines tributary to that world-encircling communication. I learn with much satisfaction that the noble design of a telegraphic communication between the Eastern coast of America and Great Britain has been renewed with full expectation of its early accomplishment.

Thus it is hoped that with the return of domestic peace the country will be able to resume with energy and advantage its former high career of commerce and civilization.

Our very popular and estimable representative in Egypt died in April last. An unpleasant altercation which arose between the temporary incumbent of the office and the Government of the Pasha resulted in a suspension of intercourse. The evil was promptly corrected on the arrival of the successor in the consulate, and our relations with Eygpt, as well as our relations with the Barbary powers, are entirely satisfactory.

The rebellion which has so long been flagrant in China has at last been suppressed, with the co-operating good offices of this Government and of the other Western commercial States. The judicial consular establishment there has become very difficult and onerous, and it will need legislative revision to adapt it to the extension of our commerce and to the more intimate intercourse which has been instituted with the Government and people of that vast Empire.

China seems to be accepting with hearty good will the conventional laws which regulate commercial and social intercourse among the Western nations.

Owing to the peculiar situation of Japan and the anomalous form of its Government, the action of that Empire in performing treaty stipulations is inconstant and capricious. Nevertheless, good progress has been effected by the Western powers, moving with enlightened concert. Our own pecuniary claims have been allowed, or put in course of settlement, and the inland sea has been reopened to commerce. There is reason also to believe that these proceedings have increased rather than diminished the friendship of Japan toward the United States.

The ports of Norfolk, Fernandina, and Pensacola have been opened by proclamation. It is hoped that foreign merchants will now consider whether it is not safer and more profitable to themselves, as well as just to the United States, to resort to these and other open ports, than it is to pursue, through many hazards and at vast cost, a contraband trade with other ports which are closed, if not by actual military occupation, at least by a lawful and effective blockade.

For myself, I have no doubt of the power and duty of the Executive, under the law of nations, to exclude enemies of the human race from an asylum in the United States. If Congress should think that proceedings in such cases lack the authority of law, or ought to be further regulated by it, I recommend that provision be made for effectually preventing foreign slave-traders from acquiring domicile and facilities for their criminal occupation in our country.

It is possible that, if it were a new and open question, the maritime powers, with the lights they now enjoy, would not concede the privileges of a naval belligerent to the insurgents of the United States, destitute as they are and always have been equally of ships of war and of ports and harbors. Disloyal emissaries have been neither less assiduous nor more successful during the last year than they were before that time in their efforts, under favor of that privilege, to embroil our country in foreign wars. The desire and determination of the Governments of the maritime states to defeat that design are believed to be as sincere as and cannot be more earnest than our own. Nevertheless, unforeseen political difficulties have arisen, especially in Brazilian and British ports and on the northern boundary of the United States, which have required, and are likely to continue to require, the practice of constant vigilance and a just and conciliatory spirit on the part of the United States as well as of the nations concerned and their governments.

Commissioners have been appointed, under the treaty with Great Britain, on the adjustment of the claims of the Hudson's Bay and Puget's Sound Agricultural Companies, in Oregon, and are now proceeding to the execution of the trust assigned to them.

In view of the insecurity of life and property in the region adjacent to the Canadian border, by reason of recent assaults and depredations committed by inimical and desperate persons who are harbored there, it has been thought proper to give notice that after the expiration of six months, the period conditionally stipulated in the existing arrangement with Great Britain, the United States must hold themselves at liberty to increase their naval armament upon the lakes, if they shall find that proceeding necessary. The condition of the border will necessarily come into consideration in connection with the question of continuing or modifying the rights of transit from Canada through the United States, as well as the regulation of imposts, which were temporarily established by the reciprocity treaty of the 5th of June, 1854.

I desire, however, to be understood, while making this statement, that the colonial authorities of Canada are not deemed to be intentionally unjust or unfriendly toward the United States; but, on the contrary, there is every reason to expect that, with the approval of the Imperial Government, they will take the necessary measures to prevent new incursions across the border.

The act passed at the last session for the encouragement of immigration has, so far as was possible, been put into operation. It seems to need amendment which will enable the officers of the Government to prevent the practice of frauds against the immigrants while on their way and on their arrival in the ports, so as to secure them here a free choice of avocations and places of settlement. A liberal disposition toward this great national policy is manifested by most of the European States, and ought to be reciprocated on our part by giving the immigrants effective national protection. I regard our immigrants as one of the principal replenishing streams which are appointed by Providence to repair the ravages of internal war, and its wastes of national strength and health. All that is necessary is to secure the flow of that stream in its present fullness, and to that end the Government must, in every way, make it manifest that it neither needs nor designs to impose involuntary military service upon those who come from other lands to cast their lot in our country.

The financial affairs of the Government have been successfully administered during the last year. The legislation of the last session of Congress has beneficially affected the revenues, although sufficient time has not yet elapsed to experience the full effect of several of the provisions of the acts of Congress imposing increased taxation.

The receipts during the year, from all sources, upon the basis of warrants signed by the Secretary of the Treasury, including loans and the balance in the Treasury on the 1st day of July, 1863, were $1,394,796,007.62, and the aggregate disbursements, upon the same basis, were $1,298,056,101.89, leaving a balance in the Treasury, as shown by warrants, of $96,739,905.73.

Deduct from these amounts the amount of the principal of the public debt redeemed, and the amount of issues in substitution therefor, and the actual cash operations of the Treasury were: Receipts, $884,076,646.57; disbursements, $865,234,087.86; which leaves a cash balance in the Treasury of $18,842,558.71.

Of the receipts, there were derived from customs $102,316,152.99; from lands, $588,333.29; from direct taxes, $475,648.96; from internal revenue, $109,741,134.10; from miscellaneous sources, $47,511,448.10; and from loans applied to actual expenditures, including former balance, $623,443,929.13.

There were disbursed for the civil service, $27,505,599.46; for pensions and Indians, $7,517,930.97; for the War Department, $690,791,842.97; for the Navy Department, $85,733,292.77; for interest on the public debt, $53,685,421.69; making an aggregate of $865,234,087.86, and leaving a balance in the Treasury of $18,842,558.71, as before stated.

For the actual receipts and disbursements for the first quarter and the estimated receipts and disbursements for the three remaining quarters of the current fiscal year and the general operations of the Treasury in detail, I refer you to the report of the Secretary of the Treasury. I concur with him in the opinion that the proportion of moneys required to meet the expenses consequent upon the war derived from taxation should be still further increased, and I earnestly invite your attention to this subject, to the end that there may be such additional legislation as shall be required to meet the just expectations of the Secretary.

The public debt on the 1st day of July last, as appears by the books of the Treasury, amounted to $1,740,690,489.49. Probably, should the war continue for another year, that amount may be increased by not far from $500,000,000. Held as it is, for the most part, by our own people, it has become a substantial branch of national, though private, property. For obvious reasons, the more nearly this property can be distributed among all the people the better. To favor such general distribution greater inducements to become owners might perhaps, with good effect and without injury, be presented to persons of limited means. With this view, I suggest whether it might not be both competent and expedient for Congress to provide that a limited amount of some future issue of public securities might be held by any bona fide purchaser exempt from taxation and from seizure for debt, under such restrictions and limitations as might be necessary to guard against abuse of so important a privilege. This would enable every prudent person to set aside a small annuity against a possible day of want.

Privileges like these would render the possession of such securities, to the amount limited, most desirable to every person of small means who might be able to save enough for the purpose. The great advantage of citizens being creditors as well as debtors, with relation to the public debt, is obvious. Men readily perceive that they cannot be much oppressed by a debt which they owe to themselves.

The public debt on the 1st day of July last, although somewhat exceeding the estimate of the Secretary of the Treasury made to Congress at the commencement of the last session, falls short of the estimate of that officer made in the preceding December, as to its probable amount at the beginning of this year, by the sum of $3,995,097.31. This fact exhibits a satisfactory condition and conduct of the operations of the Treasury.

The national banking system is proving to be acceptable to capitalists and to the people. On the 25th day of November 584 national banks had been organized, a considerable number of which were conversions from State banks. Changes from State systems to the national system are rapidly taking place, and it is hoped that very soon there will be in the United States no banks of issue not authorized by Congress and no bank-note circulation not secured by the Government. That the Government and the people will derive great benefit from this change in the banking systems of the country can hardly be questioned. The national system will create a reliable and permanent influence in support of the national credit and protect the people against losses in the use of paper money. Whether or not any further legislation is advisable for the suppression of State bank issues it will be for Congress to determine. It seems quite clear that the Treasury cannot be satisfactorily conducted unless the Government can exercise a restraining power over the bank-note circulation of the country.

The report of the Secretary of War and the accompanying documents will detail the campaigns of the armies in the field since the date of the last annual message, and also the operations of the several administrative bureaus of the War Department during the last year. It will also specify the measures deemed essential for the national defense, and to keep up and supply the requisite military force.

The report of the Secretary of the Navy presents a comprehensive and satisfactory exhibit of the affairs of that Department and of the naval service. It is a subject of congratulation and laudable pride to our countrymen that a navy of such vast proportions has been organized in so brief a period and conducted with so much efficiency and success.

The general exhibit of the Navy, including vessels under construction on the 1st of December, 1864, shows a total of 671 vessels, carrying 4,610 guns, and of 510,396 tons, being an actual increase during the year, over and above all losses by shipwreck or in battle, of 83 vessels, 167 guns, and 42,427 tons.

The total number of men at this time in the naval service, including officers, is about 51,000.

There have been captured by the Navy during the year 324 vessels, and the whole number of naval captures since hostilities commenced is 1,379, of which 267 are steamers.

The gross proceeds arising from the sale of condemned prize property thus far reported amount to $14,396,250.51. A large amount of such proceeds is still under adjudication and yet to be reported.

The total expenditure of the Navy Department of every description, including the cost of the immense squadrons that have been called into existence from the 4th of March, 1861, to the 1st of November, 1864, is $938,647,262.35.

Your favorable consideration is invited to the various recommendations of the Secretary of the Navy, especially in regard to a navy-yard and suitable establishment for the construction and repair of iron vessels and the machinery and armature for our ships, to which reference was made in my last annual message.

Your attention is also invited to the views expressed in the report in relation to the legislation of Congress at its last session in respect to prize on our inland waters.

I cordially concur in the recommendation of the Secretary as to the propriety of creating the new rank of vice-admiral in our naval service.

Your attention is invited to the report of the Postmaster-General for a detailed account of the operations and financial condition of the Post-Office Department.

The postal revenues for the year ending June 30, 1864, amounted to $12,438,253.78, and the expenditures to $12,644.786.20, the excess of expenditures over receipts being $206,539.42.

The views presented by the Postmaster-General on the subject of special grants by the Government in aid of the establishment of new lines of ocean mail steamships, and the policy he recommends for the development of increased commercial intercourse with adjacent and neighboring countries, should receive the careful consideration of Congress.

It is of noteworthy interest that the steady expansion of population, improvement, and governmental institutions over the new and unoccupied portions of our country have scarcely been checked, much less impeded or destroyed, by our great civil war, which at first glance would seem to have absorbed almost the entire energies of the Nation.

The organization and admission of the State of Nevada has been completed in conformity with law, and thus our excellent system is firmly established in the mountains, which once seemed a barren and uninhabitable waste between the Atlantic States and those which have grown up on the coast of the Pacific Ocean.

The Territories of the Union are generally in a condition of prosperity and rapid growth. Idaho and Montana, by reason of their great distance and the interruption of communication with them by Indian hostilities, have been only partially organized; but it is understood that these difficulties are about to disappear, which will permit their governments, like those of the others, to go into speedy and full operation.

As intimately connected with, and promotive of, this material growth of the Nation, I ask the attention of Congress to the valuable information and important recommendations relating to the public lands, Indian affairs, the Pacific Railroad, and mineral discoveries contained in the report of the Secretary of the Interior, which is herewith transmitted, and which report also embraces the subjects of patents, pensions, and other topics of public interest pertaining to his Department.

The quantity of public land disposed of during the five quarters ending on the 30th of September last was 4,221,342 acres, of which 1,538,614 acres were entered under the homestead law. The remainder was located with military land warrants, agricultural scrip certified to States for railroads, and sold for cash. The cash received from sales and location fees was $1,019,446.

The income from sales during the fiscal year ending June 30, 1864, was $678,007.21, against $136,077.95 received during the preceding year. The aggregate number of acres surveyed during the year has been equal to the quantity disposed of, and there is open to settlement about 133,000,000 acres of surveyed land.

The great enterprise of connecting the Atlantic with the Pacific States by railways and telegraph lines has been entered upon with a vigor that gives assurance of success, notwithstanding the embarrassments arising from the prevailing high prices of materials and labor. The route of the main line of the road has been definitely located for 100 miles westward from the initial point at Omaha City, Nebr., and a preliminary location of the Pacific Railroad of California has been made from Sacramento eastward to the great bend of Truckee River, in Nevada.

Numerous discoveries of gold, silver, and cinnabar mines have been added to the many heretofore known, and the country occupied by the Sierra Nevada and Rocky Mountains and the subordinate ranges now teems with enterprising labor which is richly remunerative. It is believed that the product of the mines of precious metals in that region has during the year reached, if not exceeded, $100,000,000 in value.

It was recommended in my last annual message that our Indian system be remodeled. Congress at its last session acting upon the recommendation, did provide for reorganizing the system in California, and it is believed that under the present organization the management of the Indians there will be attended with reasonable success. Much yet remains to be done to provide for the proper government of the Indians in other parts of the country, to render it secure for the advancing settler, and to provide for the welfare of the Indian. The Secretary reiterates his recommendations, and to them the attention of Congress is invited.

The liberal provisions made by Congress for paying pensions to invalid soldiers and sailors of the Republic, and to the widows, orphans, and dependent mothers of those who have fallen in battle, or died of disease contracted or of wounds received in the service of their country, have been diligently administered. There have been added to the pension rolls during the year ending the 30th day of June last the names of 16,770 invalid soldiers and of 271 disabled seamen, making the present number of army invalid pensioners 22,767 and of navy invalid pensioners 712.

Of widows, orphans, and mothers, 22,198 have been placed on the army pension rolls and 248 on the navy rolls. The present number of army pensioners of this class is 25,433 and of navy pensioners 793. At the beginning of the year the number of Revolutionary pensioners was 1,430; only twelve of them were soldiers, of whom seven have since died. The remainder are those who, under the law, receive pensions because of relationship to Revolutionary soldiers. During the year ending the 30th of June, 1864, $4,504,616.92 have been paid to pensioners of all classes.

I cheerfully commend to your continued patronage the benevolent institutions of the District of Columbia which have hitherto been established or fostered by Congress, and respectfully refer, for information concerning them, and in relation to the Washington Aqueduct, the Capitol, and other matters of local interest, to the report of the Secretary.

The Agricultural Department, under the supervision of its present energetic and faithful head, is rapidly commending itself to the great and vital interest it was created to advance. It is peculiarly the people's department, in which they feel more directly concerned than in any other. I commend it to the continued attention and fostering care of Congress.

The war continues. Since the last annual message all the important lines and positions then occupied by our forces have been maintained, and our arms have steadily advanced, thus liberating the regions left in rear, so that Missouri, Kentucky, Tennessee, and parts of other States have again produced reasonably fair crops.

The most remarkable feature in the military operations of the year is General Sherman's attempted march of 300 miles directly through the insurgent region. It tends to show a great increase of our relative strength that our General-in-Chief should feel able to confront and hold in check every active force of the enemy, and yet to detach a well-appointed large army to move on such an expedition. The result not yet being known, conjecture in regard to it is not here indulged.

Important movements have also occurred during the year to the effect of molding society for durability in the Union. Although short of complete success, it is much in the right direction, that 12,000 citizens in each of the States of Arkansas and Louisiana have organized loyal State governments, with free constitutions, and are earnestly struggling to maintain and administer them. The movements in the same direction, more extensive, though less definite, in Missouri, Kentucky, and Tennessee, should not be overlooked. But Maryland presents the example of complete success. Maryland is secure to liberty and union for all the future. The genius of rebellion will no more claim Maryland. Like another foul spirit, being driven out, it may seek to tear her, but it will woo her no more.

At the last session of Congress a proposed amendment of the Constitution, abolishing slavery throughout the United States, passed the Senate, but failed for lack of the requisite two-thirds vote in the House of Representatives. Although the present is the same Congress, and nearly the same members, and without questioning the wisdom or patriotism of those who stood in opposition, I venture to recommend the reconsideration and passage of the measure at the present session. Of course, the abstract question is not changed, but an intervening election shows, almost certainly, that the next Congress will pass the measure if this does not. Hence, there is only a question of time as to when the proposed amendment will go to the States for their action. And as it is to so go, at all events, may we not agree that the sooner the better? It is not claimed that the election has imposed a duty on members to change their views or their votes any further than, as an additional element to be considered, their judgment may be affected by it. It is the voice of the people now, for the first time, heard upon the question. In a great national crisis, like ours, unanimity of action among those seeking a common end is very desirable—almost indispensable. And yet no approach to such unanimity is attainable unless some deference shall be paid to the will of the majority simply because it is the will of the majority. In this case the common end is the maintenance of the Union; and, among the means to secure that end, such will, through the election, is most clearly declared in favor of such constitutional amendment.

The most reliable indication of public purpose in this country is derived through our popular elections. Judging by the recent canvass and its results, the purpose of the people within the loyal States to maintain the integrity of the Union, was never more firm nor more nearly unanimous than now. The extraordinary calmness and good order with which the millions of voters met and mingled at the polls give strong assurance of this. Not only all those who supported the Union ticket, so-called, but a great majority of the opposing party also, may be fairly claimed to entertain, and to be actuated by, the same purpose. It is an unanswerable argument to this effect that no candidate for any office whatever, high or low, has ventured to seek votes on the avowal that he was for giving up the Union. There has been much impugning of motives and much heated controversy as to the proper means and best mode of advancing the Union cause, but on the distinct issue of Union or no Union, the politicians have shown their instinctive knowledge that there is no diversity among the people. In affording the people the fair opportunity of showing, one to another and to the world, this firmness and unanimity of purpose, the election has been of vast value to the national cause.

The election has exhibited another fact not less valuable to be known—the fact that we do not approach exhaustion in the most important branch of national resources—that of living men. While it is melancholy to reflect that the war has filled so many graves, and carried mourning to so many hearts, it is some relief to know that, compared with the surviving, the fallen have been so few. While corps, and divisions, and brigades, and regiments have formed, and fought, and dwindled, and gone out of existence, a great majority of the men who composed them are still living. The same is true of the naval service. The election returns prove this. So many voters could not else be found. The States regularly holding elections, both now and four years ago—to wit, California, Connecticut, Delaware, Illinois, Indiana, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, New Hampshire, New Jersey, New York, Ohio, Oregon, Pennsylvania, Rhode Island, Vermont, West Virginia, and Wisconsin—cast 3,982,011 votes now, against 3,870,222 cast then, showing an aggregate now of 3,982,011. To this is to be added 33,762 cast now in the new States of Kansas and Nevada, which States did not vote in 1860, thus swelling the aggregate to 4,015,773 and the net increase during the three years and a half of war to 145,551. A table is appended showing particulars. To this again should be added the number of all soldiers in the field from Massachusetts, Rhode Island, New Jersey, Delaware, Indiana, Illinois, and California, who, by the laws of those States, could not vote away from their homes, and which number cannot be less than 90,000. Nor yet is this all. The number in organized Territories is triple now what it was four years ago, while thousands, white and black, join us as the national arms press back the insurgent lines. So much is shown, affirmatively and negatively, by the election. It is not material to inquire how the increase has been produced, or to show that it would have been greater but for the war, which is probably true. The important fact remains demonstrated, that we have more men now than we had when the war began; that we are not exhausted, nor in process of exhaustion; that we are gaining strength, and may, if need be, maintain the contest indefinitely. This as to men. Material resources are now more complete and abundant than ever.

The national resources, then, are unexhausted, and, as we believe, inexhaustible. The public purpose to re-establish and maintain the national authority is unchanged, and, as we believe, unchangeable. The manner of continuing the effort remains to choose. On careful consideration of all the evidence accessible, it seems to me that no attempt at negotiation with the insurgent leader could result in any good. He would accept nothing short of severance of the Union—precisely what we will not and cannot give. His declarations to this effect are explicit and oft-repeated. He does not attempt to deceive us. He affords us no excuse to deceive ourselves. He cannot voluntarily reaccept the Union; we cannot voluntarily yield it. Between him and us the issue is distinct, simple, and inflexible. It is an issue which can only be tried by war and decided by victory. If we yield, we are beaten; if the Southern people fail him, he is beaten. Either way it would be the victory and defeat following war. What is true however, of him who heads the insurgent cause is not necessarily true of those who follow. Although he cannot reaccept the Union, they can. Some of them, we know, already desire peace and reunion. The number of such may increase. They can at any moment have peace simply by laying down their arms and submitting to the national authority under the Constitution. After so much, the Government could not, if it would, maintain war against them. The loyal people would not sustain or allow it. If questions should remain we would adjust them by the peaceful means of legislation, conference, courts, and votes, operating only in constitutional and lawful channels. Some certain, and other possible, questions are, and would be, beyond the Executive power to adjust; as, for instance, the admission of members into Congress, and whatever might require the appropriation of money. The Executive power itself would be greatly diminished by the cessation of actual war. Pardons and remissions of forfeitures, however, would still be within Executive control. In what spirit and temper this control would be exercised can be fairly judged of by the past.

A year ago general pardon and amnesty, upon specified terms, were offered to all, except certain designated classes; and it was at the same time made known that the excepted classes were still within contemplation of special clemency. During the year many availed themselves of the general provision, and many more would, only that the signs of bad faith in some led to such precautionary measures as rendered the practical process less easy and certain. During the same time, also, special pardons have been granted to individuals of the excepted classes, and no voluntary application has been denied. Thus, practically, the door has been, for a full year, open to all except such as were not in condition to make free choice—that is, such as were in custody or under constraint. It is still so open to all. But the time may come—probably will come—when public duty shall demand that it be closed, and that, in lieu, more rigorous measures than heretofore shall be adopted.

In presenting the abandonment of armed resistance to the national authority on the part of the insurgents as the only indispensable condition to ending the war on the part of the Government, I retract nothing heretofore said as to slavery. I repeat the declaration made a year ago, that "while I remain in my present position I shall not attempt to retract or modify the emancipation proclamation, nor shall I return to slavery any person who is free by the terms of that proclamation, or by any of the acts of Congress." If the people should, by whatever mode or means, make it an Executive duty to re-enslave such persons, another, and not I, must be their instrument to perform it.

In stating a single condition of peace, I mean simply to say that the war will cease on the part of the Government whenever it shall have ceased on the part of those who began it.

ABRAHAM LINCOLN.

SOURCES: The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies, Series III, Volume 4 (Serial No. 125), p. 972-82; Roy P. Basler, Editor, Collected Works of Abraham Lincoln, Vol. 8, p. 136-52

Tuesday, June 27, 2023

Diary of Gideon Welles: Friday, January 5, 1866

I submitted the two cases, one of Judge Wayne for money due his granddaughter, and one of Mallory for a cylinder, to the Cabinet. The parties claim the first money due, and the last property seized by the Rebels and recaptured by the Union forces. All seemed united in the opinion that no action could be taken in behalf of these and similar claims at present.

Mr. Seward being absent, Mr. Hunter, who is Acting Secretary of State, stated that there was some embarrassment in regard to the Shenandoah. Both the State and the Treasury Departments appear to have been anxious to get possession of this vessel, but they are much more anxious to get rid of her. Dudley, consul at Liverpool, undertook to send her to the United States by a captain and picked-up crew, but after proceeding about six hundred miles and encountering rough weather she returned. Seward sent me word, a few hours before he left, with Dudley's dispatch that the vessel was on his (D.'s) hands, that he had sent to Admiral Goldsborough for an officer and crew to navigate her, but if the Admiral declined, he desired that I should send out the necessary force to England. This I did not feel inclined to do, but told him we would receive her here when delivered. Hunter now brings up the question in Cabinet, and advises that the vessel remain in Liverpool until after the vernal equinox, unless the Navy Department would receive her in Liverpool. Stanton thought this the proper course, and that I should send out for her. This suggestion I was satisfied came from Seward, who had turned the subject over to him before leaving. I incline to think she had best be sold for what she will bring in Liverpool.

An effort to procure the pardon of K, a swindler now in Sing Sing, was made through McCulloch. But on learning the nature of the case he at once dropped it. The President sends, making inquiry concerning Hale, prisoner in Philadelphia, and Wetmore in Boston. The first is one of a nest of swindlers and thieves, of whom Pasco, just pardoned by the President, was chief; the second swindled men under him, or was guilty of a breach of trust like Marston, whom the President also pardoned.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 411-2

Friday, May 12, 2023

Diary of Gideon Welles: Thursday, December 21, 1865

Chandler, Assistant Secretary of the Treasury, sent me a note this evening, stating that a pardon had been proposed for Pasco, recently convicted, after long struggles and delays, of a series of outrageous frauds and villainies upon the Government. Pasco was master plumber in the Philadelphia Navy Yard, one of a combination of thieves, cheats, and rascals. He was the principal scoundrel of the gang. He acknowledges that he had signed fraudulent certificates; in one instance admits that a party had delivered 20,000 pounds of copper, for which he was paid, when he actually delivered but 16,000; in another instance for 25,000 when only 19,000 was delivered. He received $8200 for the last false certificate, or one third of the swindle, the Government losing or being cheated out of about $26,000 in a single transaction. So of the former. Specifications of eleven distinct cheats similar to these, some of them of larger amounts, besides cases of actual theft, were proven on this fellow. He plead guilty, and was a week or two since sentenced to eighteen months imprisonment. Judge Cadwalader gave light punishment for the alleged reason that Pasco plead guilty and had made restitution when he could not escape conviction and fine. How much he may have cheated and defrauded the Government without detection cannot be known.

I called on the President after receiving Chandler's note and stated the facts. He was a good deal disturbed and seemed unable to express himself. He is evidently surprised, and I apprehend has blindly committed himself for a pardon. He says a large portion of the Pennsylvania delegation applied for the pardon, the district attorney among them, also a portion of the jury.

Senator Harris had quite an interview with me. Our principal chat was on the great question and he expresses himself as concurring in my opinions.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 400-1

Diary of Gideon Welles: Saturday, December 23, 1865

R. J. Meigs called on me by request of the President in relation to Captain Meade, who is under suspension, having been convicted and sentenced last May. He now, through his friend Meigs, appeals to the President. I told him there was no appeal. He could have a pardon from the President, or perhaps he could order the proceedings to be set aside.

A late general order prohibiting officers from coming to Washington without permission troubles Meade, who claims this is his residence and that he is here on private business. Fox protests against his being here intriguing and annoying the President, Department, Congress, and others, and has appealed to me earnestly and emphatically to order Meade to leave Washington, but it is one of those cases which we cannot enforce arbitrarily, although no injustice would be done. He has some excuse for being in Washington, and we must not be tyrants.

Governor Pease left to-day. His brother John went three or four days since. Yesterday, when all the others had withdrawn from the Cabinet council but the President, Seward, and myself, and perhaps Chandler, Assistant Secretary of the Treasury, who had been present, Seward inquired if there was any truth in the report or rumor that Stanton had left, or was about to leave, the Cabinet. The President replied warmly, as it seemed to me, that he had not heard of any such rumor. Seward said it was so stated in some of the papers, but he had supposed there was nothing in it, for he and Stanton had an understanding to the effect that Stanton would remain as long as he did, or would give him notice if he changed. The President said he presumed it was only rumor, that he reckoned there was not much in it; he had heard nothing lately and we might as well keep on for the present without any fuss. Seward said he knew Stanton had talked this some time ago. "I reckon that is all," said the President.

Seward had an object in this talk. He knows Stanton's views and thoughts better than the President does. The inquiry was not, therefore, for information on that specific point. If it was to sound the President, or to draw out any expression from me, he wholly failed, for neither gave him an explicit reply.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 402-3

Tuesday, January 31, 2023

Diary of Gideon Welles: Friday, August 11, 1865

The question of the Indian war on the Plains was again brought forward. No one, it appears, has any knowledge on the question. The Secretary of War is in absolute ignorance. Says he has telegraphed to General Grant, and General G. says he has not ordered it. McCulloch wanted to know the probable expense, the numbers engaged, etc. Stanton thought McCulloch had better state how many should be engaged; said General Pope had command. Harlan said he considered Pope an improper man, was extravagant and wasteful. Thought twenty-two hundred instead of twenty-two thousand men was a better and sufficient number. This whole thing is a discredit to the War Department.

McCulloch inquired what should be done in regard to appointing officers of customs, revenue, etc., who could not take the oath which Congress prescribes. Speed advocated delay in making appointments. There was some favor of a modified oath. I queried whether the President was not empowered by the Constitution to select and nominate, and the Senate, if it chose, to confirm, independent of this restriction. In other words, was the President's constitutional prerogative to be thus narrowed by Congress? Seward said the President had signed the law, which in its operation was undoubtedly embarrassing to the Administration and injurious to the country. I remarked his signature could not make the law constitutional, if it was not constitutional; that one executive could not in this way tie up his successor. I was therefore for appointing good, true, honest men, whether they could or could not take this oath. Stanton was for appointing them without the oath, because the States are yet in rebellion. They were to be considered provisional appointments, and the law of Congress was inoperative until after the Rebellion was wholly suppressed. No other one indorsed or controverted this view, except as they had previously expressed their individual opinions. But the result was unanimous that the appointments should be made; that the current business of the Administration and the country must go on, notwithstanding unwise and ill-considered legislation.

Questions in relation to pardons were discussed. The President said that few had been granted, notwithstanding the clamor that was raised. No one who had been educated at public expense at either the Military or Naval School, no officer of the Army or Navy, no Member of Congress who had left his seat, no member of the Rebel government who had deserted and gone into that service, had been pardoned, nor did he propose at present to pardon any one of that class. It was understood that neither Davis, Stephens, nor any member of the Rebel Cabinet should be paroled.

The cases of Orr of South Carolina and Bennett of Kentucky came up. There was a kindly feeling towards Orr, but not towards Bennett. Orr had resisted secession but was compelled to go with his State, reluctantly and resistingly. Bennett went of his own accord and was a traitor to his State as well as the Union. Yet Bennett was, and is, urgently presented for pardon by Union men as well as others. This whole question is to be a troublesome one, and requires careful and discreet management. To some extent the action of the government must depend on the conduct of the Rebels and the people themselves. If they continue to organize themselves in opposition to the government, and strive to elect men on that basis, they will provoke stern measures towards themselves. One difficulty is whom to trust. All have violated their obligations as citizens by going into rebellion, and, if pardoned, will they act in better faith hereafter? Many Union men, in heart and sentiment, were forced by the State governments under which they lived into the Rebellion.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 357-9

Sunday, January 29, 2023

Congressman Rutherford B. Hayes to Guy M. Bryan, February 15, 1866

WASHINGTON, D. C., February 15, 1866.

DEAR GUY:— Enclosed you will find Stephen's papers. The reason I didn't write again [was that] I discovered on another visit after writing you that you had previously been pardoned.

There is really no reason to feel any uneasiness because of the delays in acting upon the cases of the different Southern States. Those which send Union men will be represented in Congress, and fully restored without any severe or degrading conditions. There is a great deal of nonsense on all sides, but no substantial interests are likely to be sacrificed. I am told that the Committee on Reconstruction will report favorably on Tennessee at an early day.

I really can't tell about land sales. We hear some hard stories about the treatment Northern people get in many parts of the South. This for a time will naturally discourage the purchase of lands.

I am in much haste. Love to yours.
As ever, your friend,
R. B. HAYES.
GUY M. BRYAN,
        Texas.

SOURCE: Charles Richard Williams, editor, Diary and Letters of Rutherford Birchard Hayes, Volume 3, p. 17-8

Friday, January 27, 2023

Diary of John Beauchamp Jones: October 10, 1864

A white frost; first frost of the season. All quiet below.

Gen. W. M. Gardner (in Gen. Winder's place) reports that of the exempts and citizens taken from the streets to the front, last week, a majority have deserted. This proves that even a despotic military act cannot be committed with impunity.

Gen. Beauregard telegraphs from Opeleka, Ala., that he has arranged matters satisfactorily between Gov. Brown of Georgia and Gen. Cobb, regarding exempts and State militia.

The President directs the Secretary to ascertain if this has been done in accordance with law and the interests of the service.

Gen. R. Taylor telegraphs that Gen. E. K. Smith has proclaimed pardon to deserters, from trans-Mississippi Department, after he had arrested most of them and sent them to their regiments, and now be recommends that no more troops be brought over the river or they will be sure to desert. The President directs the Secretary to correspond with Gen. Smith on the subject. Gen. Taylor is the President's kinsman-by his first marriage.

Gen. Beauregard left Opeleka on the 7th inst. for Hood's army, so in a few days we may expect a battle.

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 2p. 302

Monday, August 8, 2022

Diary of John Beauchamp Jones: September 8, 1864

Bright and cool; subsequently cloudy and warm.

Dispatches from Gen. Hood (Sept 7th) state—1st dispatch: that Sherman still holds his works one and a half miles from Jonesborough. 2d dispatch, same date: “Sherman continues his retreat!” He says, in a 3d dispatch, that Sherman visited the hospitals, and said he would rest awhile at Atlanta, and then march away to Andersonville, where we keep the Federal prisoners. Although Hood attaches no importance to declarations from such a source, yet he deems it a matter of first importance to remove the prisoners, which suggestion Gen. Bragg refers to the Secretary of War without remark. Gen. Hood also urges the reinforcing of his army from the trans-Mississippi Department. He is sending a brigade to Opelika, to await a raid.

Gen. Forrest has been ordered, the President approving, to Middle Tennessee; but, contrary to his desire, he is not allowed to proclaim amnesty to the thousands of deserters expected to join him, so firmly do the President and Gen. Bragg adhere to Gen. Lee's advice never to proclaim pardon in advance to deserters, even at this critical epoch in our affairs.

All of us have been made sick by eating red peas, or rather overeating

Our cause is in danger of being lost for want of horses and mules, and yet I discovered to-day that the government has been lending horses to men who have but recently suffered some of the calamities of war! I discovered it in a letter from the Hon. R. M. T. Hunter, of Essex County, asking in behalf of himself and neighbors to be permitted to retain the borrowed horses beyond the time specified—Oct. 1st. Mr. Hunter borrowed two horses and four mules. He is worth millions, and only suffered (having a mill burned) his first loss by the enemy a few weeks ago! Better, far better, would it be for the Secretary to borrow or impress one hundred thousand horses, and mount our infantry to cut the communications of the enemy, and hover on his flanks like the Cossacks in Russia.

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 2p. 279

Wednesday, July 27, 2022

Diary of Gideon Welles: Tuesday, June 20, 1865

Mr. Seward was absent from the Cabinet-meeting. All others were present. The meetings are better and more punctually attended than under Mr. Lincoln's administration, and measures are more generally discussed, which undoubtedly tends to better administration. Mrs. Seward lies at the point of death, which is the cause of Mr. Seward's absence.

The subject of appointments in the Southern States the Rebel States—was discussed. A difficulty is experienced in the stringent oath passed by the last Congress. Men are required to swear they have rendered no voluntary aid to the Rebellion, nor accepted or held office under the Rebel government. This oath is a device to perpetuate differences, if persisted in.

I was both amused and vexed with the propositions and suggestions for evading this oath. Stanton proposed that if the appointees would not take the whole oath, to swear to as much as they could. Speed was fussy and uncertain; did not know but what it would become necessary to call Congress together to get rid of this official oath. Harlan1 believed the oath proper and that it should stand. Said it was carefully and deliberately framed, that it was designed, purposely, to exclude men from executive appointments. Mr. Wade and Mr. Sumner had this specially in view. Thought there was no difficulty in these appointments except judges. All other officers were temporary; judges were for life. I remarked that did not follow. If the Senate, when it convened, did not choose to confirm the judicial appointments, the incumbents could only hold until the close of the next session of Congress. But above and beyond this I denied that Congress could impose limitations and restrictions on the pardoning power, and thus circumscribe the President's prerogative. I claimed that the President could nominate, and the Senate confirm, an officer independent of that form and oath, and if the appointee took and faithfully conformed to the constitutional oath, he could not be molested. McCulloch inclined to my views, but Stanton insisted that point had been raised and decided and could not, therefore, be maintained. I claimed that no wrong decision could be binding, and I had no doubt of the wrongfulness of such a decision, denying that the constitutional rights of the Executive could be frittered away by legislation. There is partyism in all this, not union or country.
_______________

1 Harlan had succeeded Secretary Usher in the Department of the Interior.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 318-9

Tuesday, July 27, 2021

Diary of Gideon Welles: Saturday, December 24, 1864

Called on the President to commute the punishment of a person condemned to be hung. He at once assented. Is always disposed to mitigate punishment, and to grant favors. Sometimes this is a weakness. As a matter of duty and friendship I mentioned to him the case of Laura Jones, a young lady who was residing in Richmond and there engaged to be married but came up three years ago to attend her sick mother and had been unable to pass through the lines and return. I briefly stated her case and handed a letter from her to Mrs. Welles that he might read. It was a touching appeal from the poor girl, who says truly the years of her youth are passing away. I knew if the President read the letter, Laura would get the pass. I therefore only mentioned some of the general facts. He at once said he would give her a pass. I told him her sympathies were with the Secessionists, and it would be better he should read her own statement. But he declined and said he would let her go; the war had depopulated the country and prevented marriages enough, and if he could do a kindness of this sort he was disposed to, unless I advised otherwise. He wrote a pass and handed me.

The numerous frauds at the Philadelphia Navy Yard are surprising. But it is well to have an exposure, hit where and whom it may.

In the trial of Thurlow Weed at New York for libel on Opdyke, Stover, contractor, convicted of fraud, was a witness and gave strange testimony. Plaintiff's counsel sued for exemplified copy of his conviction. If it comes properly from the court, must grant it, but am not disposed to be mixed up with the parties.

Osborn writes, or telegraphs, denying explicitly and unequivocally any knowledge of the publication of the contraband news respecting the attack on Fort Fisher, and wishes me to communicate to Secretary Stanton. Sent Stanton a copy of the dispatch.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 207-8

Saturday, May 1, 2021

Diary of Gideon Welles: Thursday, October 13, 1864

The President is greatly importuned and pressed by cunning intrigues just at this time. Thurlow Weed and Raymond are abusing his confidence and good nature badly. Hay says they are annoying the President sadly. This he tells Mr. Fox, who informs me. They want, Hay says, to control the Navy Yard but dislike to come to me, for I give them no favorable response. They claim that every mechanic or laborer who does not support the Administration should be turned out of employment. Hay's representations alarmed Fox, who made it a point to call on the President. F. reports that the President was feeling very well over the election returns, and, on the subject of the Navy Yard votes, expressed his intention of not further interfering but will turn the whole matter over to me whenever the politicians call upon him. I have no doubt he thinks so, but when Weed and Raymond, backed by Seward, insist that action must be taken, he will hardly know how to act. His convictions and good sense will place him with me, but they will alarm him with forebodings of disaster if he is not vindictive. Among other things an appeal has been made to him in behalf of Scofield, a convicted fraudulent contractor, who is now in prison to serve out his sentence. Without consulting me, the President has referred the subject to Judge-Advocate-General Holt, to review and report to him. Holt knows nothing of the case, and, with his other duties, cannot examine this matter thoroughly. Why should the President require him, an officer of another Department, wholly unacquainted with the subject, to report upon it? There are probably two thousand pages of manuscript. The New York party jobbers are in this thing. They will . . . try to procure [Scofield's] release and pardon for a consideration.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 175-6

Wednesday, May 27, 2020

Proclamation of Abraham Lincoln, December 8, 1863

By the President of the United States of America:

A PROCLAMATION.

Whereas, in and by the Constitution of the United States it is provided that the President “shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment;” and

Whereas, a rebellion now exists, whereby the loyal State governments of several States have for a long time been subverted and many persons have committed and are now guilty of treason against the United States; and

Whereas, with reference to said rebellion and treason laws have been enacted by Congress declaring forfeitures and confiscations of property and liberation of slaves, all upon terms and conditions therein stated, and also declaring that the President was thereby authorized at any time thereafter, by proclamation, to extend to persons who may have participated in the existing rebellion, in any State or part thereof, pardon and amnesty, with such exceptions and at such times and on such conditions as he may deem expedient for the public welfare; and

Whereas, the Congressional declaration for limited and conditional pardon accords with the well-established judicial exposition of the pardoning power; and

Whereas, with reference to said rebellion the President of the United States has issued several proclamations with provisions in regard to the liberation of slaves; and

Whereas, it is now desired by some persons heretofore engaged in said rebellion to resume their allegiance to the United States and to reinaugurate loyal State governments within and for their respective States: Therefore,

I, Abraham Lincoln, President of the United States, do proclaim, declare, and make known to all persons who have, directly or by implication, participated in the existing rebellion, except as hereinafter excepted, 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 and maintain said oath inviolate; and which oath shall be registered for permanent preservation and shall be of the tenor and effect following, to wit:

"I, —— ——, do solemnly swear, in presence of Almighty God, that I will henceforth faithfully support, protect, and defend the Constitution 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 rebellion with reference to slaves, so long and so far as not repealed, modified, or held void by Congress, or by decision of the Supreme Court, and that I will, in like manner, abide by and faithfully support all proclamations of the President made during the existing rebellion having reference to slaves, so long and so far as not modified or declared void by decision of the Supreme Court. So help me God."

The persons excepted from the benefits of the foregoing provisions are all who are, or shall have been, civil or diplomatic officers or agents of the so-called Confederate Government; all who have left judicial stations under the United States to aid the rebellion; all who are, or shall have been, military or naval officers of said so-called Confederate Government above the rank of colonel in the Army or of lieutenant in the Navy; all who left seats in the U.S. Congress to aid the rebellion; all who resigned commissions in the Army or Navy of the United States and afterward aided the rebellion, and all who have engaged in any way in treating colored persons, or white persons in charge of such, otherwise than lawfully as prisoners of war, and which persons may have been found in the U.S. service as soldiers, seamen, or in any other capacity.

And I do further proclaim, declare, and make known that whenever, in any of the States of Arkansas, Texas, Louisiana, Mississippi, Tennessee, Alabama, Georgia, Florida, South Carolina, and North Carolina, a number of persons not less than one-tenth in number of the votes cast in such State at the Presidential election of the year of our Lord one thousand eight hundred and sixty, each having taken the oath aforesaid and not having since violated it, and being a qualified voter by the election law of the State existing immediately before the so-called act of secession, and excluding all others, shall re-establish a State government which shall be republican and in nowise contravening said oath, such shall be recognized as the true government of the State, and the State shall receive thereunder the benefits of the constitutional provision which declares that: “The United States shall guarantee to every State in this Union a republican form of government, and shall protect each of them against invasion; and on application of the Legislature, or the Executive (when the Legislature cannot be convened) against domestic violence.”

And I do further proclaim, declare, and make known that any provision which may be adopted by such State government in relation to the freed people of such State, which shall recognize and declare their permanent freedom, provide for their education, and which may yet be consistent as a temporary arrangement with their present condition, as a laboring, landless, and homeless class, will not be objected to by the national Executive.

And it is suggested as not improper that, in constructing a loyal State government in any State, the name of the State, the boundary, the subdivisions, the constitution, and the general code of laws, as before the rebellion, be maintained, subject only to the modifications made necessary by the conditions hereinbefore stated, and such others, if any, not contravening said conditions, and which may be deemed expedient by those framing the nosy State government.

To avoid misunderstanding, it may be proper to say that this proclamation, so far as it relates to State governments, has no reference to States wherein loyal State governments have all the while been maintained. And for the same reason it may be proper to further say, that whether members sent to Congress from any State shall be admitted to seats constitutionally rests exclusively with the respective Houses, and not to any extent 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 governments have been subverted, a mode in and by which the national authority and loyal State governments may be re-established within said States or in any of them; and while the mode presented is the best the Executive can suggest, with his present impressions, it must not be understood that no other possible mode would be acceptable.

Given under my hand at the city of Washington, the 8th day of December, A.D. 1863, and of the Independence of the United States of America the eighty-eighth.

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

SOURCE: The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies, Series II, Volume 6 (Serial No. 119), p. 680-2

Friday, August 4, 2017

Diary of Gideon Welles: Saturday, August 22, 1863

Mr. Chase called and took me this evening for a two hours' ride. We went past Kalorama north, crossed Rock Creek near the Stone Mill, thence over the hills to Tenallytown, and returned through Georgetown. The principal topic of conversation, and the obvious purpose of this drive was a consultation on the slavery question, and what in common parlance is called the reconstruction of the Union with the incidents. After sounding me without getting definite and satisfactory answers, he frankly avowed his own policy and determination. It is unconditional and immediate emancipation in all the Rebel States, no retrograde from the Proclamation of Emancipation, no recognition of a Rebel State as a part of the Union, or any terms with it except on the extinction, wholly, at once, and forever, of slavery.

I neither adopted nor rejected his emphatic tests, for such he evidently meant them. The questions are of vast magnitude, and have great attending difficulties. The reestablishment of the Union is a practical and important question, and it may come up in a way and form which we cannot now anticipate, and not improbably set aside any hypothetical case which may at this time be presented. I consider slavery, as it heretofore existed, has terminated in all the States, and am not for intruding speculative political theories in advance to embarrass official action.

North Carolinians are just now beginning to discuss the subject of disconnecting their State from the Confederacy. I asked Chase if he believed Congress would refuse to recognize her and the government attempt to exclude her from the Union if she came forward and proposed to resume her place, with slavery, like Maryland and the other Border States. He said much would depend on the President, — all in fact, for were the President to acquiesce in her return it could not be prevented, but on the other hand, if he planted himself firmly, and with Jacksonian will on the Proclamation, he had no doubt North Carolina would be excluded or refused her original place in the Union, unless she modified her constitution and abolished slavery. He was confident if the Government persisted in emancipation the State would ultimately yield.

“That,” said I, “brings up other questions touching the powers and limitations of the Federal Government. Where is the authority for Congress, or a fraction of Congress, to exclude a State, or to prescribe new conditions to one of the original States, on which one of the original commonwealths which founded and established the government shall hereafter compose a part of the Federal Union? Where is the authority for the President or Congress to deprive her of rights reserved and guaranteed to all, — to dictate her local policy, — these restrictive conditions being new, not a part of the Federal compact or known to the Constitution. The States must have equal political rights or the government cannot stand on the basis of 1789.”

He replied that those States had severed their connection with the Union without cause, had broken faith and made war on the government. They had forfeited their rights. They no longer retained the position they once had. They were to be subjugated, conquered. In order to be restored to the Union they must be required to put away the cause of disturbance, the source of rebellion, disunion, and strife. The welfare of the nation, the security and perpetuity of the Union demanded this. To admit them now to a full and equal participation with ourselves, without extinguishing slavery, would be with the aid of their sympathizing friends to place the government in the hands of the slaveholders.

That there may be something to be apprehended, were all the Rebels and their old party associates in the Free States to reunite and act in concert, I admit may be true, but this is not a supposable case. The Rebels will not all come back at once, were pardon and general amnesty extended to them. There is also, bear in mind, deep and wide hostility to the Confederate proceedings through almost the whole South, and the old party associates of Davis and others in the North are broken up and pretty thoroughly alienated. The reestablishment of the Union and harmony will be a slow process, requiring forbearance and nursing rather than force and coercion. The bitter enmities which have been sown, the hate which has been generated, the blood which has been spilled, the treasure, public and private, which has been wasted, and, last and saddest of all, the lives which have been sacrificed, cannot be forgotten and smoothed over in a day; we can hardly expect it in a generation. By forbearance and forgiveness, by wise and judicious management, the States may be restored to their place and the people to their duty, but let us not begin by harsh assumptions, for even with gentle treatment the work of reconciliation and fraternity will be slow. Let us be magnanimous. Ought we not to act on individuals and through them on the States?

This inquiry seemed to strike him favorably, and I elaborated it somewhat, bringing up old political doctrines and principles which we had cherished in other days. I reminded him that to have a cordial union of the States they must be equal in political rights, and that arbitrary measures did not conduce to good feeling and were not promotive of freedom and good will. As regards individuals who have made war on the government and resisted its laws, they had forfeited their rights and could be punished and even deprived of life, but I knew not how we could punish States as commonwealths except through their people. A State could not be struck out of existence like an individual or corporation.

Besides, it must be remembered, we should be classing the innocent with the guilty, punishing our true friends who had already suffered greatly in the Union cause as severely as the worst Rebels. We could have no ex post facto enactments, could not go beyond existing laws to punish Rebels; we should not do this with our friends, and punish them for wrongs committed by others. We could now exact of Rebels the oath of allegiance before pardon, and could perhaps grant conditional or limited pardons, denying those who had been active in taking up arms the right to vote or hold office for a period. Such as came in on the terms granted would build up loyal communities.

In these general outlines we pretty much agreed, but there is, I apprehend, a radical difference between us as regards the status of the States, and their position in and relation to the general government. I know not that I clearly comprehend the views of Chase, and am not sure that he has fully considered and matured the subject himself. He says he makes it a point to see the President daily and converse on this subject; that he thinks the President is becoming firm and more decided in his opinions, and he wants me to second him. Stanton he says is all right, but is not a man of firm and reliable opinions. Seward and Blair he considers opponents. Bates he says is of no account and has no influence. Usher he classes with himself, though he considers him of no more scope than Bates. Seward he says is unreliable and untruthful. The President he compliments for honesty of intentions, good common sense, more sagacity than he has credit for, but [he thinks he] is greatly wanting in will and decision, in comprehensiveness, in self-reliance, and clear, well-defined purpose.

The reëstablishment of the Union is beset with difficulties. One great embarrassment, the principal one, is the intrusion of partyism. Chase, I see, is warped by this. It is not strange that he should be, for he has aspirations which are likely to be affected by these issues. Others are in like manner influenced. I believe I have no personal ambition to gratify, no expectations. There is no office that I want or would accept in prospect, but my heart is in again beholding us once more United States and a united people.

It appears to me Mr. Chase starts out on an error. The Federal Government has no warrant to impose conditions on any of the States to which all are not subjected, or to prescribe new terms which conflict with those on which our fundamental law is based. In these tempestuous days, when to maintain its existence the Federal Government is compelled to exercise extraordinary powers, statesmen and patriots should take care that it does not transcend its authority and subvert the system. We are testing the strength and inviolability of a written constitution. To impose conditions on the States which are in rebellion is allowable on no other premise than that they actually seceded and left the Union. Now, while it is admitted and we all know that a majority of the people in certain States have rebelled and made war on the central government, none of us recognize or admit the right or principle of secession. People — individuals — have rebelled but the States are sovereignties, not corporations, and they still belong to and are a part of the Union. We can imprison, punish, hang the Rebels by law and constitutional warrant, but where is the authority or power to chastise a State, or to change its political status, deprive it of political rights and sovereignty which other States possess?

To acknowledge that the States have seceded — that the Union is dissolved — would be to concede more than I am prepared for. It is the error into which Mr. Seward plunged at the beginning, when he insisted that a blockade authorized by international law should be established instead of a closure of the ports by national law, and that the Rebels should be recognized as belligerents. The States have not seceded; they cannot secede, nor can they be expelled. Secession is synonymous with disunion. Whenever it takes place, we shall belong to different countries.

Slavery has received its death-blow. The seeds which have been sown by this war will germinate. Were peace restored to-morrow and the States reunited with the rotten institution in each of them, chattel slavery would expire. What is to be the ultimate effect of the Proclamation, and what will be the exact status of the slaves and the slave-owners, were the States now to resume their position, I am not prepared to say. The courts would adjudicate the questions; there would be legislative action in Congress and in the States also; there would be sense and practical wisdom on the part of intelligent and candid men who are not carried away by prejudice, fanaticism, and wild theories. No slave who has left a Rebel master and come within our lines, or has served under the flag, can ever be forced into involuntary servitude.

The constitutional relations of the States have not been changed by the Rebellion, but the personal condition of every Rebel is affected. The two are not identical. The rights of the States are unimpaired; the rights of those who have participated in the Rebellion may have been forfeited.

This subject should not become mixed with partyism, but yet it can scarcely be avoided. Chase gathers it into the coming Presidential election; feels that the measure of emancipation which was decided without first consulting him has placed the President in advance of him on a path which was his specialty.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 1: 1861 – March 30, 1864, p. 410-5