Elation of the Rebels—Davis’s boast—McClellan appointed Commander of Potomac Army—Proclamation of a National Fast—Intercourse with rebels forbidden—Fugitive slaves—Gen. Butler’s views—Gen. McClellan’s letter from Secretary Cameron—Act of August 6th, 1861—Gen. Fremont’s order—Letter of the President modifying the same—Instructions to Gen. Sherman—Ball’s Bluff—Gen. Scott’s retirement—Army of the Potomac.
Elation of the Rebels—Davis’s boast—McClellan appointed Commander of Potomac Army—Proclamation of a National Fast—Intercourse with rebels forbidden—Fugitive slaves—Gen. Butler’s views—Gen. McClellan’s letter from Secretary Cameron—Act of August 6th, 1861—Gen. Fremont’s order—Letter of the President modifying the same—Instructions to Gen. Sherman—Ball’s Bluff—Gen. Scott’s retirement—Army of the Potomac.
The victory of the conspirators at Bull Run, as was to have been expected, elated them no little. Their President in his message was supercilious and confident. Lauding the prowess and determination of his confederates, he said:
“To speak of subjugating such a people, so united and determined, is to speak in a language incomprehensible to them: to resist attack on their rights or their liberties is with them an instinct. Whether this war shall last one, or three, or five years, is a problem they leave to be solved by the enemy alone. It will last till the enemy shall have withdrawn from their borders; till their political rights, their altars, and their homes are freed from invasion. Then, and then only, will they rest from this struggle to enjoy in peace,the blessings which, with the favor of Providence, they have secured by the aid of their own strong hearts and steady arms.”
On the 25th of July, a new commander was assigned to the Army of the Potomac, upon the warm recommendation of Gen. Scott; George B. McClellan, who had already become favorably known from his conducting a successful campaign in Western Virginia. With the extravagance so characteristic of the American people, this commander—whose laurels were yet to be won—was hailed as a young Napoleon, lauded to the skies, and failure under him regarded as an utter impossibility.
And the General betook himself to the organizing, disciplining, and supplying his army, to which large accessions were continually making from week to week.
On the 12th day of August was issued the following proclamation:
“Whereas, A joint committee of both Houses of Congress has waited on the President of the United States, and requested him to ‘recommend a day of public humiliation, prayer, and fasting, to be observed by the people of the United States with religious solemnities, and the offering of fervent supplications to Almighty God for the safety and welfare of these States, His blessings on their arms, and a speedy restoration of peace.’“And whereas, It is fit and becoming in all people, at all times, to acknowledge and revere the Supreme Government of God; to bow in humble submission to his chastisements; to confess and deplore their sins and transgressions, in the full conviction that the fear of the Lord is the beginning of wisdom, and to pray, with all fervency and contrition, for the pardon of their past offences, and for a blessing upon their present and prospective action.“And whereas, When our own beloved country, once, by the blessing of God, united, prosperous, and happy, is now afflicted with faction and civil war, it is peculiarly fit for usto recognize the hand of God in this terrible visitation, and, in sorrowful remembrance of our own faults and crimes as a nation, and as individuals, to humble ourselves before Him, and to pray for His mercy—to pray that we may be spared further punishment, though most justly deserved; that our arms may be blessed and made effectual for the re-establishment of law, order, and peace throughout the wide extent of our country; and that the inestimable boon of civil and religious liberty, earned under His guidance and blessing by the labors and sufferings of our fathers, may be restored in all its original excellence;“Therefore, I, Abraham Lincoln, President of the United States, do appoint the last Thursday in September next as a day of humiliation, prayer, and fasting for all the people of the nation. And I do earnestly recommend to all the people, and especially to all ministers and teachers of religion, of all denominations, and to all heads of families, to observe and keep that day, according to their several creeds and modes of worship, in all humility, and with all religious solemnity, to the end that the united prayer of the nation may ascend to the Throne of Grace, and bring down plentiful blessings upon our country.“In testimony whereof, I have hereunto set my hand, and caused the seal of the United States to be affixed, this 12th day of August,A. D.1861, and of the Independence of the United States of America the eighty-sixth.“By the President:Abraham Lincoln.“William H. Seward, Secretary of State.”
“Whereas, A joint committee of both Houses of Congress has waited on the President of the United States, and requested him to ‘recommend a day of public humiliation, prayer, and fasting, to be observed by the people of the United States with religious solemnities, and the offering of fervent supplications to Almighty God for the safety and welfare of these States, His blessings on their arms, and a speedy restoration of peace.’
“And whereas, It is fit and becoming in all people, at all times, to acknowledge and revere the Supreme Government of God; to bow in humble submission to his chastisements; to confess and deplore their sins and transgressions, in the full conviction that the fear of the Lord is the beginning of wisdom, and to pray, with all fervency and contrition, for the pardon of their past offences, and for a blessing upon their present and prospective action.
“And whereas, When our own beloved country, once, by the blessing of God, united, prosperous, and happy, is now afflicted with faction and civil war, it is peculiarly fit for usto recognize the hand of God in this terrible visitation, and, in sorrowful remembrance of our own faults and crimes as a nation, and as individuals, to humble ourselves before Him, and to pray for His mercy—to pray that we may be spared further punishment, though most justly deserved; that our arms may be blessed and made effectual for the re-establishment of law, order, and peace throughout the wide extent of our country; and that the inestimable boon of civil and religious liberty, earned under His guidance and blessing by the labors and sufferings of our fathers, may be restored in all its original excellence;
“Therefore, I, Abraham Lincoln, President of the United States, do appoint the last Thursday in September next as a day of humiliation, prayer, and fasting for all the people of the nation. And I do earnestly recommend to all the people, and especially to all ministers and teachers of religion, of all denominations, and to all heads of families, to observe and keep that day, according to their several creeds and modes of worship, in all humility, and with all religious solemnity, to the end that the united prayer of the nation may ascend to the Throne of Grace, and bring down plentiful blessings upon our country.
“In testimony whereof, I have hereunto set my hand, and caused the seal of the United States to be affixed, this 12th day of August,A. D.1861, and of the Independence of the United States of America the eighty-sixth.
“By the President:Abraham Lincoln.“William H. Seward, Secretary of State.”
And four days later the following:
“Whereas, On the 15th day of April, the President of the United States, in view of an insurrection against the laws, Constitution, and Government of the United States, which had broken out within the States of South Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana, and Texas, and inpursuance of the provisions of an act entitled an act to provide for calling forth the militia to execute the laws of the Union, suppress insurrections and repel invasions, and to repeal the act now in force for that purpose, approved February 28th, 1795, did call forth the militia to suppress said insurrection and cause the laws of the Union to be duly executed—and the insurgents have failed to disperse by the time directed by the President;AND WHEREAS, such insurrection has since broken out and yet exists within the States of Virginia, North Carolina, Tennessee, and Arkansas;AND WHEREAS, the insurgents in all the said States claim to act under authority thereof, and such claim is not discarded or repudiated by the persons exercising the functions of government in such State or States, or in the part or parts thereof, in which such combinations exist, nor has such insurrection been suppressed by said States.“Now, therefore, I, Abraham Lincoln, President of the United States, in pursuance of the Act of Congress approved July 13th, 1861, do hereby declare that the inhabitants of the said States of Georgia, South Carolina, Tennessee, Alabama, Louisiana, Texas, Arkansas, Mississippi, and Florida, except the inhabitants of that part of the State of Virginia lying west of the Allegheny Mountains, and of such other parts of that State and the other States hereinbefore named as may maintain a loyal adhesion to the Union and the Constitution, or may be, from time to time occupied and controlled by the forces of the United States engaged in the dispersion of said insurgents, are in a state of insurrection against the United States, and that all commercial intercourse between the same and the inhabitants thereof, with the exception aforesaid, and the citizens of other States and other parts of the United States, is unlawful, and will remain unlawful until such insurrection shall cease or has been suppressed; that all goods and chattels, wares and merchandise, coming from any of the said States, with the exceptions aforesaid, into other parts of the United States, without the special license and permission ofthe President, through the Secretary of the Treasury, or proceeding to any of the said States, with the exception aforesaid, by land or water, together with the vessel or vehicle conveying the same, or conveying persons to and from the said States, with the said exceptions, will be forfeited to the United States; and that, from and after fifteen days from the issuing of this proclamation, all ships and vessels belonging, in whole or in part, to any citizen or inhabitant of any of the said States, with the said exceptions, found at sea in any part of the United States, will be forfeited to the United States; and I hereby enjoin upon all District Attorneys, Marshals, and officers of the revenue of the military and naval forces of the United States, to be vigilant in the execution of the said act, and in the enforcement of the penalties and forfeitures imposed or declared by it, leaving any party who may think himself aggrieved thereby, to his application to the Secretary of the Treasury for the remission of any penalty or forfeiture, which the said Secretary is authorized by law to grant, if in his judgment, the special circumstances of any case shall require such a remission.“In witness whereof, I have hereunto set my hand, and caused the seal of the United States to be affixed.“Done in the City of Washington, this, the 16th day of August, in the year of our Lord one thousand eight hundred and sixty-one, and of the Independence of the United States of America the eighty-sixth.“By the President:Abraham Lincoln.“William H. Seward, Secretary of State.”
“Whereas, On the 15th day of April, the President of the United States, in view of an insurrection against the laws, Constitution, and Government of the United States, which had broken out within the States of South Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana, and Texas, and inpursuance of the provisions of an act entitled an act to provide for calling forth the militia to execute the laws of the Union, suppress insurrections and repel invasions, and to repeal the act now in force for that purpose, approved February 28th, 1795, did call forth the militia to suppress said insurrection and cause the laws of the Union to be duly executed—and the insurgents have failed to disperse by the time directed by the President;AND WHEREAS, such insurrection has since broken out and yet exists within the States of Virginia, North Carolina, Tennessee, and Arkansas;AND WHEREAS, the insurgents in all the said States claim to act under authority thereof, and such claim is not discarded or repudiated by the persons exercising the functions of government in such State or States, or in the part or parts thereof, in which such combinations exist, nor has such insurrection been suppressed by said States.
“Now, therefore, I, Abraham Lincoln, President of the United States, in pursuance of the Act of Congress approved July 13th, 1861, do hereby declare that the inhabitants of the said States of Georgia, South Carolina, Tennessee, Alabama, Louisiana, Texas, Arkansas, Mississippi, and Florida, except the inhabitants of that part of the State of Virginia lying west of the Allegheny Mountains, and of such other parts of that State and the other States hereinbefore named as may maintain a loyal adhesion to the Union and the Constitution, or may be, from time to time occupied and controlled by the forces of the United States engaged in the dispersion of said insurgents, are in a state of insurrection against the United States, and that all commercial intercourse between the same and the inhabitants thereof, with the exception aforesaid, and the citizens of other States and other parts of the United States, is unlawful, and will remain unlawful until such insurrection shall cease or has been suppressed; that all goods and chattels, wares and merchandise, coming from any of the said States, with the exceptions aforesaid, into other parts of the United States, without the special license and permission ofthe President, through the Secretary of the Treasury, or proceeding to any of the said States, with the exception aforesaid, by land or water, together with the vessel or vehicle conveying the same, or conveying persons to and from the said States, with the said exceptions, will be forfeited to the United States; and that, from and after fifteen days from the issuing of this proclamation, all ships and vessels belonging, in whole or in part, to any citizen or inhabitant of any of the said States, with the said exceptions, found at sea in any part of the United States, will be forfeited to the United States; and I hereby enjoin upon all District Attorneys, Marshals, and officers of the revenue of the military and naval forces of the United States, to be vigilant in the execution of the said act, and in the enforcement of the penalties and forfeitures imposed or declared by it, leaving any party who may think himself aggrieved thereby, to his application to the Secretary of the Treasury for the remission of any penalty or forfeiture, which the said Secretary is authorized by law to grant, if in his judgment, the special circumstances of any case shall require such a remission.
“In witness whereof, I have hereunto set my hand, and caused the seal of the United States to be affixed.
“Done in the City of Washington, this, the 16th day of August, in the year of our Lord one thousand eight hundred and sixty-one, and of the Independence of the United States of America the eighty-sixth.
“By the President:Abraham Lincoln.“William H. Seward, Secretary of State.”
The question as to the disposition to be made of the slaves of rebel masters presented itself early in the contest, and it was at once perceived that its settlement would be attended with no little embarrassment.
As early as May 27th, 1861, General Butler, in command at Fortress Monroe, had informed the War Department as to his views relative to the fugitive slaves—that they were to be regarded as “contraband of war”—and Secretary Cameron, under date of May 30th, had instructed that commander neither to permit any interference by persons under his command with the relations of persons held to service under the laws of any State; nor, on the other hand, while such States remained in rebellion, to surrender such persons to their alleged masters, but to employ them in such service as would be most advantageous, keeping an account of the value of their labor and the expenses of their support—the question of their final disposition to be reserved for future determination.
At about the same time, General McClellan, advancing into Western Virginia to the aid of the loyal men of that section, used this language in his address to the people:
“Notwithstanding all that has been said by the traitors to induce you to believe that our advent among you will be signalized by interference with your slaves, understand one thing clearly—not only will we abstain from all such interference, but we will, on the contrary, with an iron hand, crush any attempt at insurrection on their part.”
“Notwithstanding all that has been said by the traitors to induce you to believe that our advent among you will be signalized by interference with your slaves, understand one thing clearly—not only will we abstain from all such interference, but we will, on the contrary, with an iron hand, crush any attempt at insurrection on their part.”
On the 8th of August, Secretary Cameron, in reply to a second letter from General Butler upon the same subject, said:
“General:—The important question of the proper disposition to be made of fugitives from service in the States in insurrection against the Federal Government, to which you have again directed my attention, in your letter of July 20th, has received my most attentive consideration. It is the desire of the President that all existing rights in all the States be fully respected and maintained. The war now prosecuted on the part of the Federal Government is a war for the Union,for the preservation of all the Constitutional rights of the States and the citizens of the States in the Union; hence no question can arise as to fugitives from service within the States and Territories in which the authority of the Union is fully acknowledged. The ordinary forms of judicial proceedings must be respected by the military and civil authorities alike for the enforcement of legal forms. But in the States wholly or in part under insurrectionary control, where the laws of the United States are so far opposed and resisted that they can not be effectually enforced, it is obvious that the rights dependent upon the execution of these laws must temporarily fail, and it is equally obvious that the rights dependent on the laws of the States within which military operations are conducted must necessarily be subordinate to the military exigencies created by the insurrection, if not wholly forfeited by the treasonable conduct of the parties claiming them. To this the general rule of the right to service forms an exception. The act of Congress approved August 6, 1861, declares that if persons held to service shall be employed in hostility to the United States, the right to their services shall be discharged therefrom. It follows of necessity that no claim can be recognized by the military authority of the Union to the services of such persons when fugitives.“A more difficult question is presented in respect to persons escaping from the service of loyal masters. It is quite apparent that the laws of the State under which only the service of such fugitives can be claimed must needs be wholly or almost wholly superseded, as to the remedies, by the insurrection and the military measures necessitated by it; and it is equally apparent that the substitution of military for judicial measures for the enforcement of such claims must be attended by great inconvenience, embarrassments and injuries. Under these circumstances, it seems quite clear that the substantial rights of loyal masters are still best protected byreceiving such fugitives, as well as fugitives from disloyal masters, into the service of the United States, and employing them under such organizations and in such occupations as circumstances may suggest or require. Of course a record should be kept showing the names and descriptions of the fugitives, the names and characters, as loyal or disloyal, of their masters, and such facts as may be necessary to a correct understanding of the circumstances of each case.“After tranquility shall have been restored upon the return of peace, Congress will doubtless properly provide for all the persons thus received into the service of the Union, and for a just compensation to loyal masters. In this way only, it would seem, can the duty and safety of the Government and just rights of all be fully reconciled and harmonized. You will, therefore, consider yourself instructed to govern your future action in respect to fugitives from service by the premises herein stated, and will report from time to time, and at least twice in each month, your action in the premises to this Department. You will, however, neither authorize nor permit any interference by the troops under your command with the servants of peaceable citizens in a house or field, nor will you in any manner encourage such citizens to leave the lawful service of their masters, nor will you, except in cases where the public good may seem to require it, prevent the voluntary return of any fugitive to the service from which he may have escaped.”
“General:—The important question of the proper disposition to be made of fugitives from service in the States in insurrection against the Federal Government, to which you have again directed my attention, in your letter of July 20th, has received my most attentive consideration. It is the desire of the President that all existing rights in all the States be fully respected and maintained. The war now prosecuted on the part of the Federal Government is a war for the Union,for the preservation of all the Constitutional rights of the States and the citizens of the States in the Union; hence no question can arise as to fugitives from service within the States and Territories in which the authority of the Union is fully acknowledged. The ordinary forms of judicial proceedings must be respected by the military and civil authorities alike for the enforcement of legal forms. But in the States wholly or in part under insurrectionary control, where the laws of the United States are so far opposed and resisted that they can not be effectually enforced, it is obvious that the rights dependent upon the execution of these laws must temporarily fail, and it is equally obvious that the rights dependent on the laws of the States within which military operations are conducted must necessarily be subordinate to the military exigencies created by the insurrection, if not wholly forfeited by the treasonable conduct of the parties claiming them. To this the general rule of the right to service forms an exception. The act of Congress approved August 6, 1861, declares that if persons held to service shall be employed in hostility to the United States, the right to their services shall be discharged therefrom. It follows of necessity that no claim can be recognized by the military authority of the Union to the services of such persons when fugitives.
“A more difficult question is presented in respect to persons escaping from the service of loyal masters. It is quite apparent that the laws of the State under which only the service of such fugitives can be claimed must needs be wholly or almost wholly superseded, as to the remedies, by the insurrection and the military measures necessitated by it; and it is equally apparent that the substitution of military for judicial measures for the enforcement of such claims must be attended by great inconvenience, embarrassments and injuries. Under these circumstances, it seems quite clear that the substantial rights of loyal masters are still best protected byreceiving such fugitives, as well as fugitives from disloyal masters, into the service of the United States, and employing them under such organizations and in such occupations as circumstances may suggest or require. Of course a record should be kept showing the names and descriptions of the fugitives, the names and characters, as loyal or disloyal, of their masters, and such facts as may be necessary to a correct understanding of the circumstances of each case.
“After tranquility shall have been restored upon the return of peace, Congress will doubtless properly provide for all the persons thus received into the service of the Union, and for a just compensation to loyal masters. In this way only, it would seem, can the duty and safety of the Government and just rights of all be fully reconciled and harmonized. You will, therefore, consider yourself instructed to govern your future action in respect to fugitives from service by the premises herein stated, and will report from time to time, and at least twice in each month, your action in the premises to this Department. You will, however, neither authorize nor permit any interference by the troops under your command with the servants of peaceable citizens in a house or field, nor will you in any manner encourage such citizens to leave the lawful service of their masters, nor will you, except in cases where the public good may seem to require it, prevent the voluntary return of any fugitive to the service from which he may have escaped.”
The Act of Congress to which allusion has already been made, as providing for the confiscation of the estates of persons in open rebellion against the Government, limited the penalty to property actually employed in the service of the rebellion, with the knowledge and consent of its owners; and, instead of emancipating slaves thus employed, left the disposition to be made of them to be determined by the United States Courts, or by subsequent legislation.
General Fremont, in command of the Department of Missouri, in an order dated August 30th, declaring martial law established throughout that State, used the following language:
“Real and personal property of those who shall take up arms against the United States, or who shall be directly proven to have taken an active part with their enemies in the field, is declared confiscated to public use, and their slaves if any they have, are hereby declared free men.”
“Real and personal property of those who shall take up arms against the United States, or who shall be directly proven to have taken an active part with their enemies in the field, is declared confiscated to public use, and their slaves if any they have, are hereby declared free men.”
This order violated the above-named act, and could only be justified upon the ground of imperative military necessity. Some correspondence which passed between the President and General Fremont upon this topic, resulted in the following official letter, dated Washington, D. C., Sept. 11, 1861:
“Major General John C. Fremont:—“Sir,—Yours of the 8th, in answer to mine of the 2d inst., is just received. Assured that you, upon the ground, could better judge of the necessities of your position than I could at this distance, on seeing your proclamation of August 30, I perceived no general objection to it; the particular clause however, in relation to the confiscation of property and the liberation of slaves, appeared to me to be objectionable in its non-conformity to the Act of Congress passed the 6th of last August, upon the same subjects, and hence I wrote you, expressing my wish that that clause should be modified accordingly. Your answer just received expresses the preference on your part that I should make an open order for the modification, which I very cheerfully do. It is, therefore, ordered that the said clause of the said proclamation be so modified, held and construed, as to conform with, and not to transcend the provisions on the same subject contained in the Act of Congress entitled ‘An Act to confiscate property used for insurrectionary purposes,’ approvedAugust 6, 1861, and that said Act be published at length with this order.“Your obedient servant,“A. Lincoln.”
“Major General John C. Fremont:—
“Sir,—Yours of the 8th, in answer to mine of the 2d inst., is just received. Assured that you, upon the ground, could better judge of the necessities of your position than I could at this distance, on seeing your proclamation of August 30, I perceived no general objection to it; the particular clause however, in relation to the confiscation of property and the liberation of slaves, appeared to me to be objectionable in its non-conformity to the Act of Congress passed the 6th of last August, upon the same subjects, and hence I wrote you, expressing my wish that that clause should be modified accordingly. Your answer just received expresses the preference on your part that I should make an open order for the modification, which I very cheerfully do. It is, therefore, ordered that the said clause of the said proclamation be so modified, held and construed, as to conform with, and not to transcend the provisions on the same subject contained in the Act of Congress entitled ‘An Act to confiscate property used for insurrectionary purposes,’ approvedAugust 6, 1861, and that said Act be published at length with this order.
“Your obedient servant,“A. Lincoln.”
In the instructions from the War Department to General Sherman, in command of the land forces destined to operate on the South Carolina coast, that commander was directed to govern himself relative to this class of persons, by the principles of the letters addressed to General Butler, exercising, however, his own discretion as to special cases. If particular circumstances seemed to require it, they were to be employed in any capacity, with such organization in squads, companies, or otherwise, as should be by him deemed most beneficial to the service. This, however, not to mean a general arming of them for military service. All loyal masters were to be assured that Congress would provide just compensation to them for any loss of the services of persons so employed.
This phase—varying and indefinite—at that time did that question present, which was at a later period to take, under the moulding hand of the President, body and form clearly defined and unmistakable.
The battle of Ball’s Bluff—the first under the direction of the new commander on the Potomac—fought October 21st was but Bull Run repeated; happily, however, on a somewhat smaller scale. A convenient scapegoat upon whom to throw the responsibility—General Stone—was found, and the indignation of the country was measurably, and for the time, appeased.
Directly after this affair, the veteran Scott having asked to be relieved from active service, his request was granted in the following highly complimentary order:
“Executive Mansion, Washington, Nov. 1, 1861.“On the 1st day of November, A. D., 1861, upon his own application to the President of the United States, BrevetLieutenant-General Winfield Scott is ordered to be placed, and hereby is placed, upon the list of retired officers of the Army of the United States, without reduction in his current pay, subsistence, or allowances.“The American people will hear with sadness and deep emotion that General Scott has withdrawn from the active control of the army, while the President and the unanimous Cabinet express their own and the nation’s sympathy in his personal affliction, and their profound sense of the important public services rendered by him to his country during his long and brilliant career, among which will ever be gratefully distinguished his faithful devotion to the Constitution, the Union, and the flag, when assailed by a parricidal rebellion.“Abraham Lincoln.”
“Executive Mansion, Washington, Nov. 1, 1861.
“On the 1st day of November, A. D., 1861, upon his own application to the President of the United States, BrevetLieutenant-General Winfield Scott is ordered to be placed, and hereby is placed, upon the list of retired officers of the Army of the United States, without reduction in his current pay, subsistence, or allowances.
“The American people will hear with sadness and deep emotion that General Scott has withdrawn from the active control of the army, while the President and the unanimous Cabinet express their own and the nation’s sympathy in his personal affliction, and their profound sense of the important public services rendered by him to his country during his long and brilliant career, among which will ever be gratefully distinguished his faithful devotion to the Constitution, the Union, and the flag, when assailed by a parricidal rebellion.
“Abraham Lincoln.”
To General McClellan, now the ranking officer of the army, the duties of General-in-chief were assigned by the President.
The autumnal months passed away—gorgeous and golden—men thought them made for fighting, if fighting must be; but no fighting for the Army of the Potomac—an occasional skirmish only—mainly reviews.
The winter months came—the dry season had passed. The Grand Army being now thoroughly organized, disciplined, and equipped went—to fight?—no—into winter quarters.
And the people, patient ever and forgiving, when inclination impels, forgot Ball’s Bluff—forgot what they had hoped for—trusted in the prudent caution of the general in command, and waited for the springtide.
The Military Situation—Seizure of Mason and Slidell—Opposition to the Administration—President’s Message—Financial Legislation—Committee on the Conduct of the War—Confiscation Bill.
The Military Situation—Seizure of Mason and Slidell—Opposition to the Administration—President’s Message—Financial Legislation—Committee on the Conduct of the War—Confiscation Bill.
At the time of the re-assembling of Congress, December 2d, 1861, the military situation was by no means as promising as the liberal expenditure of money and the earnest efforts of the Administration toward a vigorous prosecution of the war might have led the people to expect. True, the National Capitol had been protected, and Maryland, West Virginia, Kentucky, and Missouri had not, as had been at various times threatened, been brought in subjection to the rebels. Nothing more, however—though this would have been judged no little, had the people been less sanguine of great results immediately at hand—than this had been accomplished in the East; and in the West, large rebel forces threatened Kentucky and Missouri, and the Mississippi river was in their possession from its mouth to within a short distance of the mouth of the Ohio.
The seizure of the emissaries, Mason and Slidell likewise—though afterwards disposed of by the Government in such a way as to secure the acquiescence of the nation—taken in connection with the position assumed by the British Government—in every way unpalatable to the mass of the people—seemed likely to entangle us in foreign complications exceedingly undesirable at that juncture. It was generally believed that England and France, while neutral on the surface, were in reality affording very material aid and comfort to the rebel cause, our commercial interests being very seriously impairedby the construction which those powers saw fit to place upon their duties as neutrals.
Efforts, moreover, were making to organize a formidable party in antagonism to the Administration, comprising the loose ends of every class of malcontents; those who had always opposed the war, though for a time cowed down by the outburst which followed the fall of Sumter; those who were satisfied that no more progress had been made; those who were inclined, constitutionally, to oppose any thing which any Administration, under any circumstances, might do; those who were beginning to tire of the war, and were ready to patch matters up in any way, so only that it should come to an end; and those who were on the alert for some chance whereby to make capital, political or pecuniary, for their own dear selves.
As a whole, affairs were by no means a cheering aspect at the opening of this Session.
That the President was fully alive to the true state of the case, the views announced in the following message clearly show:
“Fellow-citizens of the Senate and House of Representatives:—In the midst of unprecedented political troubles, we have cause of great gratitude to God for unusual good health and most abundant harvests.“You will not be surprised to learn that, in the peculiar exigences of the times, our intercourse with foreign nations has been attended with profound solicitude, chiefly turning upon our own domestic affairs.“A disloyal portion of the American people have, during the whole year, been engaged in an attempt to divide and destroy the Union. A nation which endures factious domestic division, is exposed to disrespect abroad; and one party, if not both, is sure, sooner or later, to invoke foreign intervention.“Nations thus tempted to interfere, are not always able toresist the counsels of seeming expediency and ungenerous ambition, although measures adopted under such influences seldom fail to be unfortunate and injurious to those adopting them.“The disloyal citizens of the United States who have offered the ruin of our country, in return for the aid and comfort which they have invoked abroad, have received less patronage and encouragement than they probably expected. If it were just to suppose, as the insurgents have seemed to assume, that foreign nations, in this case, discarding all moral, social and treaty obligations, would act solely, and selfishly, for the most speedy restoration of commerce, including, especially, the acquisition of cotton, those nations appear, as yet, not to have seen their way to their objects more directly, or clearly, through the destruction than through the preservation of the Union. If we could dare to believe that foreign nations are actuated by no higher principle than this, I am quite sure a sound argument could be made to show them that they can reach their aim more readily and easily by aiding to crush this rebellion than by giving encouragement to it.“The principal lever relied on by the insurgents for exciting foreign nations to hostility against us, as already intimated, is the embarrassment of commerce. Those nations, however, not improbably, saw from the first, that it was the Union which made, as well our foreign, as our domestic commerce. They can scarcely have failed to perceive that the effort for disunion produces the existing difficulty; and that one strong nation promises more durable peace, and a more extensive, valuable and reliable commerce, than can the same nation broken into hostile fragments.“It is not my purpose to review our discussions with foreign States; because whatever might be their wishes or dispositions, the integrity of our country and the stability of our Government mainly depend, not upon them, but on the loyalty, virtue, patriotism and intelligence of the Americanpeople. The correspondence itself, with the usual reservations, is herewith submitted.“I venture to hope it will appear that we have practiced prudence and liberality toward foreign powers, averting causes of irritation, and with firmness maintaining our own rights and honor.“Since, however, it is apparent that here, as in every other State, foreign dangers necessarily attend domestic difficulties, I recommend that adequate and ample measures be adopted for maintaining the public defences on every side. While, under this general recommendation, provision for defending our sea-coast line readily occurs to the mind, I also, in the same connection, ask the attention of Congress to our great lakes and rivers. It is believed that some fortifications and depots of arms and munitions, with harbor and navigation improvements, all at well-selected points upon these, would be of great importance to the National defence and preservation. I ask attention to the views of the Secretary of War, expressed in his report, upon the same general subject.“I deem it of importance that the loyal regions of East Tennessee and Western North Carolina should be connected with Kentucky, and other faithful parts of the Union, by railroad. I therefore recommend, as a military measure, that Congress provide for the construction of such road as speedily as possible. Kentucky, no doubt, will co-operate, and, through her Legislature, make the most judicious selection of a line. The northern terminus must connect with some existing railroad; and whether the route shall be from Lexington or Nicholasville to the Cumberland Gap, or from Lebanon to the Tennessee line, in the direction of Knoxville, or on some still different line, can easily be determined. Kentucky and the General Government coöperating, the work can be completed in a very short time; and when done, it will be not only of vast present usefulness, but also avaluable permanent improvement, worth its cost in all the future.“Some treaties, designed chiefly for the interests of commerce, and having no grave political importance, have been negotiated, and will be submitted to the Senate for their consideration.“Although we have failed to induce some of the commercial powers to adopt a desirable amelioration of the rigor of maritime war, we have removed all obstructions from the way of this humane reform, except such as are merely of temporary and accidental occurrence.“I invite your attention to the correspondence between Her Britannic Majesty’s Minister, accredited to this Government, and the Secretary of State, relative to the detention of the British ship Perthshire, in June last, by the United States steamer Massachusetts, for a supposed breach of the blockade. As this detention was occasioned by an obvious misapprehension of the facts, and as justice requires that we should commit no belligerent act not founded in strict right, as sanctioned by public law, I recommend that an appropriation be made to satisfy the reasonable demand of the owners of the vessel for her detention.“I repeat the recommendation of my predecessor, in his annual message to Congress in December last, in regard to the disposition of the surplus which will probably remain after satisfying the claims of the American citizens against China, pursuant to the awards of the commissioners under the act of the 3d of March, 1859. If, however, it should not be deemed advisable to carry that recommendation into effect, I would suggest that authority be given for investing the principal, over the proceeds of the surplus referred to, in good securities, with a view to the satisfaction of such other just claims of our citizens against China as are not unlikely to arise hereafter in the course of our extensive trade with that empire.“By the act of the 5th of August last, Congress authorized the President to instruct the commanders of suitable vessels to defend themselves against and to capture pirates. This authority has been exercised in a single instance only. For the more effectual protection of our extensive and valuable commerce, in the Eastern seas especially, it seems to me that it would also be advisable to authorize the commanders of sailing vessels to recapture any prizes which pirates may make of United States vessels and their cargoes, and the consular courts, now established by law in Eastern countries, to adjudicate the cases, in the event that this should not be objected to by the local authorities.“If any good reason exists why we should persevere longer in withholding our recognition of the independence and sovereignty of Hayti and Liberia, I am unable to discern it. Unwilling, however, to inaugurate a novel policy in regard to them without the approbation of Congress, I submit for your consideration the expediency of an appropriation for maintaining a charge d’affaires near each of those new States. It does not admit of doubt that important commercial advantages might be secured by favorable treaties with them.“The operations of the treasury during the period which has elapsed since your adjournment, have been conducted with signal success. The patriotism of the people has placed at the disposal of the Government the large means demanded by the public exigencies. Much of the national loan has been taken by citizens of the industrial classes, whose confidence in their country’s faith, and zeal for their country’s deliverance from present peril, have induced them to contribute to the support of the Government the whole of their limited acquisitions. This fact imposes peculiar obligations to economy in disbursement, and energy in action.“The revenue from all sources, including loans, for the financial year ending on the 30th of June, 1861, was eighty-six million eight hundred and thirty-five thousand ninehundred dollars and twenty-seven cents, and the expenditures for the same period, including payments on account of the public debt, were eighty-four million five hundred and seventy-eight thousand eight hundred and thirty-four dollars and forty-seven cents; leaving a balance in the treasury on the 1st of July of two million two hundred and fifty-seven thousand sixty-five dollars and eighty cents. For the first quarter of the financial year, ending on the 30th of September, 1861, the receipts from all sources, including the balance of the 1st of July, were one hundred and two million five hundred and thirty-two thousand five hundred and nine dollars and twenty-seven cents, and the expenses ninety-eight million two hundred and thirty-nine thousand seven hundred and thirty-three dollars and nine cents; leaving a balance on the 1st of October, 1861, of four million two hundred and ninety-two thousand seven hundred and seventy-six dollars and eighteen cents.“Estimates for the remaining three-quarters of the year, and for the financial year 1863, together with his views of ways and means for meeting the demands contemplated by them, will be submitted to Congress by the Secretary of the Treasury. It is gratifying to know that the expenditures made necessary by the rebellion are not beyond the resources of the loyal people, and to believe that the same patriotism which has thus far sustained the Government will continue to sustain it till peace and Union shall again bless the land.“I respectfully refer to the report of the Secretary of War for information respecting the numerical strength of the Army, and for recommendations having in view an increase of its efficiency and the well-being of the various branches of the service intrusted to his care. It is gratifying to know that the patriotism of the people has proved equal to the occasion, and that the number of troops tendered greatly exceeds the force which Congress authorized me to call into the field.“I refer with pleasure to those portions of his report which make allusion to the creditable degree of discipline already attained by our troops, and to the excellent sanitary condition of the entire army.“The recommendation of the Secretary for an organization of the militia upon a uniform basis is a subject of vital importance to the future safety of the country, and is commended to the serious attention of Congress.“The large addition to the regular army, in connection with the defection that has so considerably diminished the number of its officers, gives peculiar importance to his recommendation for increasing the corps of cadets to the greatest capacity of the Military Academy.“By mere omission, I presume, Congress has failed to provide chaplains for hospitals occupied by volunteers. This subject was brought to my notice, and I was induced to draw up the form of a letter, one copy of which, properly addressed, has been delivered to each of the persons, and at the dates respectively named and stated, in a schedule, containing also the form of the letter, marked A, and herewith transmitted.“These gentlemen, I understand, entered upon the duties designated, at the times respectively stated in the schedule, and have labored faithfully therein ever since. I therefore recommend that they be compensated at the same rate as chaplains in the army. I further suggest that general provision be made for chaplains to serve at hospitals, as well as with regiments.“The report of the Secretary of the Navy presents in detail the operations of that branch of the service, the activity and energy which have characterized its administration, and the results of measures to increase its efficiency and power. Such have been the additions, by construction and purchase, that it may almost be said a navy has been created and brought into service since our difficulties commenced.“Besides blockading our extensive coast, squadrons largerthan ever before assembled under our flag have been put afloat, and performed deeds which have increased our naval renown.“I would invite special attention to the recommendation of the Secretary for a more perfect organization of the Navy by introducing additional grades in the service.“The present organization is defective and unsatisfactory, and the suggestions submitted by the Department will, it is believed, if adopted, obviate the difficulties alluded to promote harmony, and increase the efficiency of the Navy.“There are three vacancies on the bench of the Supreme Court—two by the decease of Justices Daniel and McLean, and one by the resignation of Justice Campbell. I have so far forborne making nominations to fill these vacancies for reasons which I will now state. Two of the outgoing judges resided within the States now overrun by revolt; so that if successors were appointed in the same localities, they could not now serve upon their circuits; and many of the most competent men there probably would not take the personal hazard of accepting to serve, even here, upon the Supreme Bench. I have been unwilling to throw all the appointments northward, thus disabling myself from doing justice to the South on the return of peace; although I may remark that to transfer to the North one which has heretofore been in the South would not, with reference to territory and population, be unjust.“During the long and brilliant judicial career of Judge McLean, his circuit grew into an empire—altogether too large for any one judge to give the courts therein more than a nominal attendance—rising in population from one million four hundred and seventy thousand and eighteen, in 1830, to six million one hundred and fifty-one thousand four hundred and five, in 1860.“Besides this, the country generally has outgrown our present judicial system. If uniformity was at all intended,the system requires that all the States shall be accommodated with circuit courts, attended by supreme judges, while, in fact, Wisconsin, Minnesota, Iowa, Kansas, Florida, Texas, California, and Oregon, have never had any such courts. Nor can this well be remedied without a change in the system; because the adding of judges to the Supreme Court, enough for the accommodation of all parts of the country, with circuit courts, would create a court altogether too numerous for a judicial body of any sort. And the evil, if it be one, will increase as new States come into the Union. Circuit courts are useful, or they are not useful; if useful, no State should be denied them; if not useful, no State should have them. Let them be provided for all, or abolished as to all.“Three modifications occur to me, either of which, I think, would be an improvement upon our present system. Let the Supreme Court be of convenient number in every event. Then, first, let the whole country be divided into circuits of convenient size, the supreme judges to serve in a number of them corresponding to their own number, and independent circuit judges be provided for all the rest. Or, secondly, let the supreme judges be relieved from circuit duties, and circuit judges provided for all the circuits. Or, thirdly, dispense with circuit courts altogether, leaving the judicial functions wholly to the district courts, and an independent Supreme Court.“I respectfully recommend to the consideration of Congress the present condition of the statute laws, with the hope that Congress will be able to find an easy remedy for many of the inconveniences and evils which constantly embarrass those engaged in the practical administration of them. Since the organization of the Government, Congress has enacted some five thousand acts and joint resolutions, which fill more than six thousand closely printed pages, and are scattered through many volumes. Many of these acts have been drawn inhaste and without sufficient caution, so that their provisions are often obscure in themselves, or in conflict with each other, or at least so doubtful as to render it very difficult for even the best informed persons to ascertain precisely what the statute law really is.“It seems to me very important that the statute laws should be made as plain and intelligible as possible, and be reduced to as small a compass as may consist with the fulness and precision of the will of the legislature and the perspicuity of its language. This well done, would, I think, greatly facilitate the labors of those whose duty it is to assist in the administration of the laws, and would be a lasting benefit to the people, by placing before them in a more accessible and intelligible form, the laws which so deeply concern their interests and their duties.“I am informed by some whose opinions I respect, that all the acts of Congress now in force, and of a permanent and general nature, might be revised and re-written, so as to be embraced in one volume (or at most, two volumes) of ordinary and convenient size. And I respectfully recommend to Congress to consider the subject, and, if my suggestion be approved, to devise such plan as to their wisdom shall seem most proper for the attainment of the end proposed.“One of the unavoidable consequences of the present insurrection, is the entire suppression, in many places, of all the ordinary means of administering civil justice by the officers and in the forms of existing law. This is the case, in whole or in part, in all insurgent States; and as our armies advance upon and take possession of parts of those States the practical evil becomes more apparent. There are no courts nor officers to whom the citizens of other States may apply for the enforcement of their lawful claims against citizens of the insurgent States; and there is a vast amount of debt constituting such claims. Some have estimated it as high as two hundred million dollars, due in large part, frominsurgents in open rebellion to loyal citizens, who are even now making great sacrifices in the discharge of their patriotic duty, to support the Government.“Under these circumstances, I have been urgently solicited to establish by military power, courts to administer summary justice in such cases. I have thus far declined to do it, not because I had any doubt that the end proposed—the collection of the debts—was just and right in itself, but because I have been unwilling to go beyond the pressure of necessity in the unusual exercise of power. But the powers of Congress, I suppose, are equal to the anomalous occasion, and therefore I refer the whole matter to Congress, with the hope that a plan may be devised for the administration of justice in all such parts of the insurgent States and Territories as may be under the control of this Government, whether by a voluntary return to allegiance and order, or by the power of our arms. This, however, not to be a permanent institution, but a temporary substitute, and to cease as soon as the ordinary courts can be re-established in peace.“It is important that some more convenient means should be provided, if possible, for the adjustment of claims against the Government, especially in view of their increased number by reason of the war. It is as much the duty of Government to render prompt justice against itself, in favor of citizens, as it is to administer the same between private individuals. The investigation and adjudication of claims, in their nature, belong to the judicial department; besides, it is apparent that the attention of Congress will be more than usually engaged for some time to come with great national questions. It was intended, by the organization of the Court of Claims, mainly to remove this branch of business from the halls of Congress; but while the court has proved to be an effective and valuable means of investigation, it in a great degree fails to effect the object of its creation for want of power to make its judgments final.“Fully aware of the delicacy, not to say the danger, of the subject, I commend to your careful consideration whether this power of making judgments final may not properly be given to the court, reserving the right of appeal on questions of law to the Supreme Court, with such other provisions as experience may have shown to be necessary.“I ask attention to the report of the Postmaster General, the following being a summary statement of the condition of the department:“The revenue from all sources during the fiscal year ending June 30th, 1861, including the annual permanent appropriation of seven hundred thousand dollars for the transportation of ‘free mail matter,’ was nine million forty-nine thousand two hundred and ninety-six dollars and forty cents, being about two per cent. less than the revenue for 1860.“The expenditures were thirteen million six hundred and six thousand seven hundred and fifty-nine dollars and eleven cents, showing a decrease of more than eight per cent. as compared with those of the previous year, and leaving an excess of expenditure over the revenue for the last fiscal year of four million five hundred and fifty-seven thousand four hundred and sixty-two dollars and seventy-one cents.“The gross revenue for the year ending June 30th, 1863, is estimated at an increase of four per cent. on that of 1861, making eight million six hundred and eighty-three thousand dollars, to which should be added the earnings of the department in carrying free matter, viz: seven hundred thousand dollars, making nine million three hundred and eighty-three thousand dollars.“The total expenditures for 1863 are estimated at twelve million five hundred and twenty-eight thousand dollars, leaving an estimated deficiency of three million one hundred and forty-five thousand dollars to be supplied from the treasury, in addition to the permanent appropriation.“The present insurrection shows, I think, that the extensionof this District across the Potomac river, at the time of establishing the capital here, was eminently wise, and consequently that the relinquishment of that portion of it which lies within the State of Virginia was unwise and dangerous. I submit for your consideration the expediency of regaining that part of the District, and the restoration of the original boundaries thereof, through negotiations with the state of Virginia.“The report of the Secretary of the Interior, with the accompanying documents, exhibits the condition of the several branches of the public business pertaining to that department. The depressing influences of the insurrection have been specially felt in the operations of the Patent and General Land Offices. The cash receipts from the sales of public lands during the past year have exceeded the expenses of our land system only about two hundred thousand dollars. The sales have been entirely suspended in the Southern States, while the interruptions to the business of the country, and the diversions of large numbers of men from labor to military service, have obstructed settlements in the new States and Territories of the North-west.“The receipts of the Patent Office have declined in nine months about one hundred thousand dollars, rendering a large reduction of the force employed necessary to make it self-sustaining.“The demands upon the Pension Office will be largely increased by the insurrection. Numerous applications for pensions, based upon the casualties of the existing war, have already been made. There is reason to believe that many who are now upon the pension rolls, and in receipt of the bounty of the Government, are in the ranks of the insurgent army, or giving them aid and comfort. The Secretary of the Interior has directed a suspension of the payment of the pensions of such persons upon the proof of their disloyalty. I recommend that Congress authorize that officer to cause the names of such persons to be stricken from the pension rolls.“The relations of the Government with the Indian tribes have been greatly disturbed by the insurrection, especially in the Southern Superintendency and in that of New Mexico. The Indian country south of Kansas is in the possession of insurgents from Texas and Arkansas. The agents of the United States appointed since the 4th of March for this superintendency have been unable to reach their posts, while the most of those who were in office before that time have espoused the insurrectionary cause, and assume to exercise the powers of agents by virtue of commissions from the insurrectionists. It has been stated in the public press that a portion of those Indians have been organized as a military force, and are attached to the army of the insurgents. Although the Government has no official information upon this subject, letters have been written to the Commissioner of Indian Affairs by several prominent chiefs, giving assurance of their loyalty to the United States, and expressing a wish for the presence of Federal troops to protect them. It is believed that upon the repossession of the country by the Federal forces the Indians will readily cease all hostile demonstrations, and resume their former relations to the Government.“Agriculture, confessedly the largest interest of the nation, has not a department, nor a bureau, but a clerkship only, assigned to it in the Government. While it is fortunate that this great interest is so independent in its nature as to not have demanded and extorted more from the Government, I respectfully ask Congress to consider whether something more can not be given voluntarily with general advantage.“Annual reports exhibiting the condition of our agriculture, commerce, and manufactures, would present a fund of information of great practical value to the country. While I make no suggestion as to details, I venture the opinion that an agricultural and statistical bureau might profitably be organized.“The execution of the laws for the suppression of theAfrican slave-trade has been confided to the Department of the Interior. It is a subject of gratulation that the efforts which have been made for the suppression of this inhuman traffic have been recently attended with unusual success. Five vessels being fitted out for the slave-trade have been seized and condemned. Two mates of vessels engaged in the trade, and one person in equipping a vessel as a slaver, have been convicted and subjected to the penalty of fine and imprisonment, and one captain, taken with a cargo of Africans on board his vessel, has been convicted of the highest grade of offence under our laws, the punishment of which is death.“The Territories of Colorado, Dakota, and Nevada, created by the last Congress, have been organized, and civil administration has been inaugurated therein under auspices especially gratifying, when it is considered that the leaven of treason was found existing in some of these new countries when the Federal officers arrived there.“The abundant natural resources of these Territories, with the security and protection afforded by organized government, will doubtless invite to them a large immigration when peace shall restore the business of the country to its accustomed channels. I submit the resolutions of the Legislature of Colorado, which evidence the patriotic spirit of the people of the Territory. So far, the authority of the United States has been upheld in all the Territories, as it is hoped it will be in the future. I commend their interests and defence to the enlightened and generous care of Congress.“I recommend to the favorable consideration of Congress the interests of the District of Columbia. The insurrection has been the cause of much suffering and sacrifice to its inhabitants, and as they have no representative in Congress, that body should not overlook their just claims upon the Government.“At your late session a joint resolution was adopted authorizing the President to take measures for facilitating a properrepresentation of the industrial interests of the United States at the exhibition of the industry of all nations, to be holden in London in the year 1862. I regret to say I have been unable to give personal attention to this subject—a subject at once so interesting in itself, and so extensively and intimately connected with the material prosperity of the world. Through the Secretaries of State and of the Interior a plan, or system, has been devised, and partly matured, and which will be laid before you.“Under and by virtue of the act of Congress entitled ‘An act to confiscate property used for insurrectionary purposes,’ approved August 6, 1861, the legal claims of certain persons to the labor and service of certain other persons have become forfeited; and numbers of the latter, thus liberated, are already dependent on the United States, and must be provided for in some way. Besides this, it is not impossible that some of the States will pass similar enactments for their own benefit respectively, and by operation of which persons of the same class will be thrown upon them for disposal. In such case I recommend that Congress provide for accepting such persons from such States according to some mode of valuation, in lieu,pro tanto, of direct taxes, or upon some other plan to be agreed on with such States, respectively; that such persons, on such acceptance by the General Government, be at once deemed free; and, that, in any event, steps be taken for colonizing both classes (or the one first mentioned, if the other shall not be brought into existence) at some place or places in a climate congenial to them. It might be well to consider, too, whether the free colored people already in the United States could not, so far as individuals may desire, be included in such colonization.“To carry out the plan of colonization may involve the acquiring of territory, and also the appropriation of money beyond that to be expended in the territorial acquisition. Having practiced the acquisition of territory for nearly sixtyyears, the question of constitutional power to do so is no longer an open one with us. The power was questioned at first by Mr. Jefferson, who, however, in the purchase of Louisiana, yielded his scruples on the plea of great expediency. If it be said that the only legitimate object of acquiring territory is to furnish homes for white men, this measure effects that object, for the emigration of colored men leaves additional room for white men remaining or coming here. Mr. Jefferson, however, placed the importance of procuring Louisiana more on political and commercial grounds than on providing room for population.“On this whole proposition, including the appropriation of money with the acquisition of territory, does not the expediency amount to absolute necessity—that without which the Government itself cannot be perpetuated?“The war continues. In considering the policy to be adopted for suppressing the insurrection, I have been anxious and careful that the inevitable conflict for this purpose shall not degenerate into a violent and remorseless revolutionary struggle. I have, therefore, in every case thought it proper to keep the integrity of the Union prominent as the primary object of the contest on our part, leaving all questions which are not of vital military importance to the more deliberate action of the legislature.“In the exercise of my best discretion, I have adhered to the blockade of the ports held by the insurgents, instead of putting in force, by proclamation, the law of Congress enacted at the late session for closing those ports.“So, also, obeying the dictates of prudence, as well as the obligations of law, instead of transcending, I have adhered to the act of Congress to confiscate property used for insurrectionary purposes. If a new law upon the same subject shall be proposed, its propriety will be duly considered. The Union must be preserved; and hence all indispensable means must be employed. We should not be in haste to determinethat radical and extreme measures, which may reach the loyal as well as the disloyal, are indispensable.“The inaugural address at the beginning of the administration, and the message to Congress at the late special session, were both mainly devoted to the domestic controversy out of which the insurrection and consequent war have sprung. Nothing now occurs to add or subtract to or from the principles or general purposes stated and expressed in those documents.“The last ray of hope for preserving the Union peaceably expired at the assault upon Fort Sumter; and a general review of what has occurred since may not be unprofitable. What was painfully uncertain then is much better defined and more distinct now; and the progress of events is plainly in the right direction. The insurgents confidently claimed a strong support from north of Mason and Dixon’s line, and the friends of the Union were not free from apprehension on the point. This, however, was soon settled definitely, and on the right side. South of the line, noble little Delaware led off right from the first. Maryland was made toseemagainst the Union. Our soldiers were assaulted, bridges were burned, and railroads torn up within her limits, and we were many days, at one time, without the ability to bring a single regiment over her soil to the capital. Now her bridges and railroads are repaired and open to the Government; she already gives seven regiments to the cause of the Union and none to the enemy; and her people, at a regular election, have sustained the Union by a larger majority and a larger aggregate vote than they ever before gave to any candidate or any question. Kentucky, too, for some time in doubt, is now decidedly, and, I think, unchangeably, ranged on the side of the Union. Missouri is comparatively quiet, and I believe can not again be overrun by the insurrectionists. These three States of Maryland, Kentucky and Missouri, neither of which would promise a single soldier at first, havenow an aggregate of not less than forty thousand in the field for the union; while of their citizens certainly not more than a third of that number, and they of doubtful whereabouts and doubtful existence, are in arms against it. After a somewhat bloody struggle of months, winter closes on the Union people of Western Virginia, leaving them masters of their own country.“An insurgent force of about fifteen hundred, for months dominating the narrow peninsular region, constituting the counties of Accomac and Northampton, and known as the eastern shore of Virginia, together with some contiguous parts of Maryland, have laid down their arms; and the people there have renewed their allegiance to, and accepted the protection of the old flag. This leaves no armed insurrectionist north of the Potomac or east of the Chesapeake.“Also we have obtained a footing at each of the isolated points, on the southern coast, of Hatteras, Port Royal, Tybee Island, near Savannah, and Ship Island; and we likewise have some general accounts of popular movements, in behalf of the Union, in North Carolina and Tennessee.“These things demonstrate that the cause of the Union is advancing steadily and certainly southward.“Since your last adjournment, Lieut.-Gen. Scott has retired from the head of the army. During his long life, the nation has not been unmindful of his merit; yet, on calling to mind how faithfully, ably and brilliantly he has served the country, from a time far back in our history, when few of the now living had been born, and thenceforward continually, I can not but think we are still his debtors. I submit, therefore, for your consideration, what further mark of recognition is due to him, and to ourselves, as a grateful people.“With the retirement of Gen. Scott came the Executive duty of appointing, in his stead, a General-in-chief of the army. It is a fortunate circumstance that neither in council nor country was there, so far as I know, any difference ofopinion as to the proper person to be selected. The retiring chief repeatedly expressed his judgment in favor of Gen. McClellan for the position, and in this the nation seemed to give a unanimous concurrence. The designation of Gen. McClellan is, therefore, in considerable degree, the selection of the country as well as of the Executive; and hence there is better reason to hope there will be given him the confidence and cordial support thus, by fair implication, promised, and without which he can not, with so full efficiency, serve the country.“It has been said that one bad General is better than two good ones; and the saying is true, if taken to mean no more than that an army is better directed by a single mind, though inferior, than by two superior ones at variance and cross-purposes with each other.“And the same is true in all joint operations wherein those engagedcanhave none but a common end in view, andcandiffer only as to the choice of means. In a storm at sea, no one on boardcanwish the ship to sink, and yet, not unfrequently, all go down together because too many will direct and no single mind can be allowed to control.“It continues to develop that the insurrection is largely, if not exclusively, a war upon the first principle of popular government—the rights of the people. Conclusive evidence of this is found in the most grave and maturely-considered public documents, as well as in the general tone of the insurgents. In those documents we find the abridgment of the existing right of suffrage and the denial to the people of all right to participate in the selection of public officers, except the legislative, boldly advocated, with labored arguments to prove that large control of the people in government is the source of all political evil. Monarchy itself is sometimes hinted at as a possible refuge from the power of the people.“In my present position I could scarcely be justified were I to omit raising a warning voice against this approach of returning despotism.“It is not needed nor fitting here that a general argument should be made in favor of popular institutions; but there is one point, with its connections, not so hackneyed as most others, to which I ask a brief attention. It is the effort to placecapitalon an equal footing with, if not abovelabor, in the structure of government. It is assumed that labor is available only in connection with capital—that nobody labors unless somebody else, owning capital, somehow by the use of it induces him to labor. This assumed, it is next considered whether it is best that capital shallhirelaborers, and thus induce them to work by their own consent, orbuythem, and drive them to it without their consent. Having proceeded so far, it is naturally concluded that all laborers are eitherhiredlaborers, or what we call slaves. And further, it is assumed that whoever is once a hired laborer is fixed in that condition for life.“Now, there is no such relation between capital and labor as assumed; nor is there any such thing as a free man being fixed for life in the condition of a hired laborer. Both these assumptions are false, and all inferences from them are groundless.“Labor is prior to and independent of capital. Capital is only the fruit of labor, and could never have existed if labor had not first existed. Labor is the superior of capital, and deserves much the higher consideration. Capital has its rights, which are as worthy of protection as any other rights. Nor is it denied that there is, and probably always will be, a relation between labor and capital producing mutual benefits. The error is in assuming that the whole labor of community exists within that relation. A few men own capital, and that few avoid labor themselves, and with their capital hire or buy another few to labor for them. A large majority belong to neither class—neither work for others nor have others working for them. In most of the Southern States a majority of the whole people, of all colors, are neither slaves nor masters, while in the Northern a large majority are neither hirers norhired. Men, with their families—wives, sons, and daughters—work for themselves, on their farms, in their houses, and in their shops, taking the whole product to themselves, and asking no favors of capital, on the one hand, nor of hired laborers or slaves on the other. It is not forgotten that a considerable number of persons mingle their own labor with capital—that is, they labor with their own hands, and also buy or hire others to labor for them; but this is only a mixed, and not a distinct class. No principle stated is disturbed by the existence of this mixed class.“Again, as has already been said, there is not, of necessity, any such thing as the free hired laborer being fixed to that condition for life. Many independent men everywhere in these States, a few years back in their lives, were hired laborers. The prudent, penniless beginner in the world, labors for wages awhile, saves a surplus with which to buy tools or land for himself, then labors on his own account another while, and at length hires another new beginner to help him. This is the just, and generous, and prosperous system, which opens the way to all—gives hope to all, and consequent energy, and progress, and improvement of condition to all. No men living are more worthy to be trusted than those who toil up from poverty; none less inclined to take or touch aught which they have not honestly earned. Let them beware of surrendering a political power which they already possess, and which, if surrendered, will surely be used to close the door of advancement against such as they, and to fix new disabilities and burdens upon them, till all of liberty shall be lost.“From the first taking of our National Census to the last are seventy years; and we find our population at the end of the period eight times as great as it was at the beginning. The increase of those other things which men deem desirable has been even greater. We thus have at one view what the popular principle, applied to Government through the machinery of the States and the Union, has produced in a given time, andalso what if firmly maintained, it promises for the future. There are already among us those who, if the Union be preserved, will live to see it contain two hundred and fifty millions. The struggleofto-day is not altogetherforto-day; it is for a vast future also. With a reliance on Providence all the more firm and earnest, let us proceed in the great task which events have devolved upon us.“Abraham Lincoln.“Washington, December 3, 1861.”
“Fellow-citizens of the Senate and House of Representatives:—In the midst of unprecedented political troubles, we have cause of great gratitude to God for unusual good health and most abundant harvests.
“You will not be surprised to learn that, in the peculiar exigences of the times, our intercourse with foreign nations has been attended with profound solicitude, chiefly turning upon our own domestic affairs.
“A disloyal portion of the American people have, during the whole year, been engaged in an attempt to divide and destroy the Union. A nation which endures factious domestic division, is exposed to disrespect abroad; and one party, if not both, is sure, sooner or later, to invoke foreign intervention.
“Nations thus tempted to interfere, are not always able toresist the counsels of seeming expediency and ungenerous ambition, although measures adopted under such influences seldom fail to be unfortunate and injurious to those adopting them.
“The disloyal citizens of the United States who have offered the ruin of our country, in return for the aid and comfort which they have invoked abroad, have received less patronage and encouragement than they probably expected. If it were just to suppose, as the insurgents have seemed to assume, that foreign nations, in this case, discarding all moral, social and treaty obligations, would act solely, and selfishly, for the most speedy restoration of commerce, including, especially, the acquisition of cotton, those nations appear, as yet, not to have seen their way to their objects more directly, or clearly, through the destruction than through the preservation of the Union. If we could dare to believe that foreign nations are actuated by no higher principle than this, I am quite sure a sound argument could be made to show them that they can reach their aim more readily and easily by aiding to crush this rebellion than by giving encouragement to it.
“The principal lever relied on by the insurgents for exciting foreign nations to hostility against us, as already intimated, is the embarrassment of commerce. Those nations, however, not improbably, saw from the first, that it was the Union which made, as well our foreign, as our domestic commerce. They can scarcely have failed to perceive that the effort for disunion produces the existing difficulty; and that one strong nation promises more durable peace, and a more extensive, valuable and reliable commerce, than can the same nation broken into hostile fragments.
“It is not my purpose to review our discussions with foreign States; because whatever might be their wishes or dispositions, the integrity of our country and the stability of our Government mainly depend, not upon them, but on the loyalty, virtue, patriotism and intelligence of the Americanpeople. The correspondence itself, with the usual reservations, is herewith submitted.
“I venture to hope it will appear that we have practiced prudence and liberality toward foreign powers, averting causes of irritation, and with firmness maintaining our own rights and honor.
“Since, however, it is apparent that here, as in every other State, foreign dangers necessarily attend domestic difficulties, I recommend that adequate and ample measures be adopted for maintaining the public defences on every side. While, under this general recommendation, provision for defending our sea-coast line readily occurs to the mind, I also, in the same connection, ask the attention of Congress to our great lakes and rivers. It is believed that some fortifications and depots of arms and munitions, with harbor and navigation improvements, all at well-selected points upon these, would be of great importance to the National defence and preservation. I ask attention to the views of the Secretary of War, expressed in his report, upon the same general subject.
“I deem it of importance that the loyal regions of East Tennessee and Western North Carolina should be connected with Kentucky, and other faithful parts of the Union, by railroad. I therefore recommend, as a military measure, that Congress provide for the construction of such road as speedily as possible. Kentucky, no doubt, will co-operate, and, through her Legislature, make the most judicious selection of a line. The northern terminus must connect with some existing railroad; and whether the route shall be from Lexington or Nicholasville to the Cumberland Gap, or from Lebanon to the Tennessee line, in the direction of Knoxville, or on some still different line, can easily be determined. Kentucky and the General Government coöperating, the work can be completed in a very short time; and when done, it will be not only of vast present usefulness, but also avaluable permanent improvement, worth its cost in all the future.
“Some treaties, designed chiefly for the interests of commerce, and having no grave political importance, have been negotiated, and will be submitted to the Senate for their consideration.
“Although we have failed to induce some of the commercial powers to adopt a desirable amelioration of the rigor of maritime war, we have removed all obstructions from the way of this humane reform, except such as are merely of temporary and accidental occurrence.
“I invite your attention to the correspondence between Her Britannic Majesty’s Minister, accredited to this Government, and the Secretary of State, relative to the detention of the British ship Perthshire, in June last, by the United States steamer Massachusetts, for a supposed breach of the blockade. As this detention was occasioned by an obvious misapprehension of the facts, and as justice requires that we should commit no belligerent act not founded in strict right, as sanctioned by public law, I recommend that an appropriation be made to satisfy the reasonable demand of the owners of the vessel for her detention.
“I repeat the recommendation of my predecessor, in his annual message to Congress in December last, in regard to the disposition of the surplus which will probably remain after satisfying the claims of the American citizens against China, pursuant to the awards of the commissioners under the act of the 3d of March, 1859. If, however, it should not be deemed advisable to carry that recommendation into effect, I would suggest that authority be given for investing the principal, over the proceeds of the surplus referred to, in good securities, with a view to the satisfaction of such other just claims of our citizens against China as are not unlikely to arise hereafter in the course of our extensive trade with that empire.
“By the act of the 5th of August last, Congress authorized the President to instruct the commanders of suitable vessels to defend themselves against and to capture pirates. This authority has been exercised in a single instance only. For the more effectual protection of our extensive and valuable commerce, in the Eastern seas especially, it seems to me that it would also be advisable to authorize the commanders of sailing vessels to recapture any prizes which pirates may make of United States vessels and their cargoes, and the consular courts, now established by law in Eastern countries, to adjudicate the cases, in the event that this should not be objected to by the local authorities.
“If any good reason exists why we should persevere longer in withholding our recognition of the independence and sovereignty of Hayti and Liberia, I am unable to discern it. Unwilling, however, to inaugurate a novel policy in regard to them without the approbation of Congress, I submit for your consideration the expediency of an appropriation for maintaining a charge d’affaires near each of those new States. It does not admit of doubt that important commercial advantages might be secured by favorable treaties with them.
“The operations of the treasury during the period which has elapsed since your adjournment, have been conducted with signal success. The patriotism of the people has placed at the disposal of the Government the large means demanded by the public exigencies. Much of the national loan has been taken by citizens of the industrial classes, whose confidence in their country’s faith, and zeal for their country’s deliverance from present peril, have induced them to contribute to the support of the Government the whole of their limited acquisitions. This fact imposes peculiar obligations to economy in disbursement, and energy in action.
“The revenue from all sources, including loans, for the financial year ending on the 30th of June, 1861, was eighty-six million eight hundred and thirty-five thousand ninehundred dollars and twenty-seven cents, and the expenditures for the same period, including payments on account of the public debt, were eighty-four million five hundred and seventy-eight thousand eight hundred and thirty-four dollars and forty-seven cents; leaving a balance in the treasury on the 1st of July of two million two hundred and fifty-seven thousand sixty-five dollars and eighty cents. For the first quarter of the financial year, ending on the 30th of September, 1861, the receipts from all sources, including the balance of the 1st of July, were one hundred and two million five hundred and thirty-two thousand five hundred and nine dollars and twenty-seven cents, and the expenses ninety-eight million two hundred and thirty-nine thousand seven hundred and thirty-three dollars and nine cents; leaving a balance on the 1st of October, 1861, of four million two hundred and ninety-two thousand seven hundred and seventy-six dollars and eighteen cents.
“Estimates for the remaining three-quarters of the year, and for the financial year 1863, together with his views of ways and means for meeting the demands contemplated by them, will be submitted to Congress by the Secretary of the Treasury. It is gratifying to know that the expenditures made necessary by the rebellion are not beyond the resources of the loyal people, and to believe that the same patriotism which has thus far sustained the Government will continue to sustain it till peace and Union shall again bless the land.
“I respectfully refer to the report of the Secretary of War for information respecting the numerical strength of the Army, and for recommendations having in view an increase of its efficiency and the well-being of the various branches of the service intrusted to his care. It is gratifying to know that the patriotism of the people has proved equal to the occasion, and that the number of troops tendered greatly exceeds the force which Congress authorized me to call into the field.
“I refer with pleasure to those portions of his report which make allusion to the creditable degree of discipline already attained by our troops, and to the excellent sanitary condition of the entire army.
“The recommendation of the Secretary for an organization of the militia upon a uniform basis is a subject of vital importance to the future safety of the country, and is commended to the serious attention of Congress.
“The large addition to the regular army, in connection with the defection that has so considerably diminished the number of its officers, gives peculiar importance to his recommendation for increasing the corps of cadets to the greatest capacity of the Military Academy.
“By mere omission, I presume, Congress has failed to provide chaplains for hospitals occupied by volunteers. This subject was brought to my notice, and I was induced to draw up the form of a letter, one copy of which, properly addressed, has been delivered to each of the persons, and at the dates respectively named and stated, in a schedule, containing also the form of the letter, marked A, and herewith transmitted.
“These gentlemen, I understand, entered upon the duties designated, at the times respectively stated in the schedule, and have labored faithfully therein ever since. I therefore recommend that they be compensated at the same rate as chaplains in the army. I further suggest that general provision be made for chaplains to serve at hospitals, as well as with regiments.
“The report of the Secretary of the Navy presents in detail the operations of that branch of the service, the activity and energy which have characterized its administration, and the results of measures to increase its efficiency and power. Such have been the additions, by construction and purchase, that it may almost be said a navy has been created and brought into service since our difficulties commenced.
“Besides blockading our extensive coast, squadrons largerthan ever before assembled under our flag have been put afloat, and performed deeds which have increased our naval renown.
“I would invite special attention to the recommendation of the Secretary for a more perfect organization of the Navy by introducing additional grades in the service.
“The present organization is defective and unsatisfactory, and the suggestions submitted by the Department will, it is believed, if adopted, obviate the difficulties alluded to promote harmony, and increase the efficiency of the Navy.
“There are three vacancies on the bench of the Supreme Court—two by the decease of Justices Daniel and McLean, and one by the resignation of Justice Campbell. I have so far forborne making nominations to fill these vacancies for reasons which I will now state. Two of the outgoing judges resided within the States now overrun by revolt; so that if successors were appointed in the same localities, they could not now serve upon their circuits; and many of the most competent men there probably would not take the personal hazard of accepting to serve, even here, upon the Supreme Bench. I have been unwilling to throw all the appointments northward, thus disabling myself from doing justice to the South on the return of peace; although I may remark that to transfer to the North one which has heretofore been in the South would not, with reference to territory and population, be unjust.
“During the long and brilliant judicial career of Judge McLean, his circuit grew into an empire—altogether too large for any one judge to give the courts therein more than a nominal attendance—rising in population from one million four hundred and seventy thousand and eighteen, in 1830, to six million one hundred and fifty-one thousand four hundred and five, in 1860.
“Besides this, the country generally has outgrown our present judicial system. If uniformity was at all intended,the system requires that all the States shall be accommodated with circuit courts, attended by supreme judges, while, in fact, Wisconsin, Minnesota, Iowa, Kansas, Florida, Texas, California, and Oregon, have never had any such courts. Nor can this well be remedied without a change in the system; because the adding of judges to the Supreme Court, enough for the accommodation of all parts of the country, with circuit courts, would create a court altogether too numerous for a judicial body of any sort. And the evil, if it be one, will increase as new States come into the Union. Circuit courts are useful, or they are not useful; if useful, no State should be denied them; if not useful, no State should have them. Let them be provided for all, or abolished as to all.
“Three modifications occur to me, either of which, I think, would be an improvement upon our present system. Let the Supreme Court be of convenient number in every event. Then, first, let the whole country be divided into circuits of convenient size, the supreme judges to serve in a number of them corresponding to their own number, and independent circuit judges be provided for all the rest. Or, secondly, let the supreme judges be relieved from circuit duties, and circuit judges provided for all the circuits. Or, thirdly, dispense with circuit courts altogether, leaving the judicial functions wholly to the district courts, and an independent Supreme Court.
“I respectfully recommend to the consideration of Congress the present condition of the statute laws, with the hope that Congress will be able to find an easy remedy for many of the inconveniences and evils which constantly embarrass those engaged in the practical administration of them. Since the organization of the Government, Congress has enacted some five thousand acts and joint resolutions, which fill more than six thousand closely printed pages, and are scattered through many volumes. Many of these acts have been drawn inhaste and without sufficient caution, so that their provisions are often obscure in themselves, or in conflict with each other, or at least so doubtful as to render it very difficult for even the best informed persons to ascertain precisely what the statute law really is.
“It seems to me very important that the statute laws should be made as plain and intelligible as possible, and be reduced to as small a compass as may consist with the fulness and precision of the will of the legislature and the perspicuity of its language. This well done, would, I think, greatly facilitate the labors of those whose duty it is to assist in the administration of the laws, and would be a lasting benefit to the people, by placing before them in a more accessible and intelligible form, the laws which so deeply concern their interests and their duties.
“I am informed by some whose opinions I respect, that all the acts of Congress now in force, and of a permanent and general nature, might be revised and re-written, so as to be embraced in one volume (or at most, two volumes) of ordinary and convenient size. And I respectfully recommend to Congress to consider the subject, and, if my suggestion be approved, to devise such plan as to their wisdom shall seem most proper for the attainment of the end proposed.
“One of the unavoidable consequences of the present insurrection, is the entire suppression, in many places, of all the ordinary means of administering civil justice by the officers and in the forms of existing law. This is the case, in whole or in part, in all insurgent States; and as our armies advance upon and take possession of parts of those States the practical evil becomes more apparent. There are no courts nor officers to whom the citizens of other States may apply for the enforcement of their lawful claims against citizens of the insurgent States; and there is a vast amount of debt constituting such claims. Some have estimated it as high as two hundred million dollars, due in large part, frominsurgents in open rebellion to loyal citizens, who are even now making great sacrifices in the discharge of their patriotic duty, to support the Government.
“Under these circumstances, I have been urgently solicited to establish by military power, courts to administer summary justice in such cases. I have thus far declined to do it, not because I had any doubt that the end proposed—the collection of the debts—was just and right in itself, but because I have been unwilling to go beyond the pressure of necessity in the unusual exercise of power. But the powers of Congress, I suppose, are equal to the anomalous occasion, and therefore I refer the whole matter to Congress, with the hope that a plan may be devised for the administration of justice in all such parts of the insurgent States and Territories as may be under the control of this Government, whether by a voluntary return to allegiance and order, or by the power of our arms. This, however, not to be a permanent institution, but a temporary substitute, and to cease as soon as the ordinary courts can be re-established in peace.
“It is important that some more convenient means should be provided, if possible, for the adjustment of claims against the Government, especially in view of their increased number by reason of the war. It is as much the duty of Government to render prompt justice against itself, in favor of citizens, as it is to administer the same between private individuals. The investigation and adjudication of claims, in their nature, belong to the judicial department; besides, it is apparent that the attention of Congress will be more than usually engaged for some time to come with great national questions. It was intended, by the organization of the Court of Claims, mainly to remove this branch of business from the halls of Congress; but while the court has proved to be an effective and valuable means of investigation, it in a great degree fails to effect the object of its creation for want of power to make its judgments final.
“Fully aware of the delicacy, not to say the danger, of the subject, I commend to your careful consideration whether this power of making judgments final may not properly be given to the court, reserving the right of appeal on questions of law to the Supreme Court, with such other provisions as experience may have shown to be necessary.
“I ask attention to the report of the Postmaster General, the following being a summary statement of the condition of the department:
“The revenue from all sources during the fiscal year ending June 30th, 1861, including the annual permanent appropriation of seven hundred thousand dollars for the transportation of ‘free mail matter,’ was nine million forty-nine thousand two hundred and ninety-six dollars and forty cents, being about two per cent. less than the revenue for 1860.
“The expenditures were thirteen million six hundred and six thousand seven hundred and fifty-nine dollars and eleven cents, showing a decrease of more than eight per cent. as compared with those of the previous year, and leaving an excess of expenditure over the revenue for the last fiscal year of four million five hundred and fifty-seven thousand four hundred and sixty-two dollars and seventy-one cents.
“The gross revenue for the year ending June 30th, 1863, is estimated at an increase of four per cent. on that of 1861, making eight million six hundred and eighty-three thousand dollars, to which should be added the earnings of the department in carrying free matter, viz: seven hundred thousand dollars, making nine million three hundred and eighty-three thousand dollars.
“The total expenditures for 1863 are estimated at twelve million five hundred and twenty-eight thousand dollars, leaving an estimated deficiency of three million one hundred and forty-five thousand dollars to be supplied from the treasury, in addition to the permanent appropriation.
“The present insurrection shows, I think, that the extensionof this District across the Potomac river, at the time of establishing the capital here, was eminently wise, and consequently that the relinquishment of that portion of it which lies within the State of Virginia was unwise and dangerous. I submit for your consideration the expediency of regaining that part of the District, and the restoration of the original boundaries thereof, through negotiations with the state of Virginia.
“The report of the Secretary of the Interior, with the accompanying documents, exhibits the condition of the several branches of the public business pertaining to that department. The depressing influences of the insurrection have been specially felt in the operations of the Patent and General Land Offices. The cash receipts from the sales of public lands during the past year have exceeded the expenses of our land system only about two hundred thousand dollars. The sales have been entirely suspended in the Southern States, while the interruptions to the business of the country, and the diversions of large numbers of men from labor to military service, have obstructed settlements in the new States and Territories of the North-west.
“The receipts of the Patent Office have declined in nine months about one hundred thousand dollars, rendering a large reduction of the force employed necessary to make it self-sustaining.
“The demands upon the Pension Office will be largely increased by the insurrection. Numerous applications for pensions, based upon the casualties of the existing war, have already been made. There is reason to believe that many who are now upon the pension rolls, and in receipt of the bounty of the Government, are in the ranks of the insurgent army, or giving them aid and comfort. The Secretary of the Interior has directed a suspension of the payment of the pensions of such persons upon the proof of their disloyalty. I recommend that Congress authorize that officer to cause the names of such persons to be stricken from the pension rolls.
“The relations of the Government with the Indian tribes have been greatly disturbed by the insurrection, especially in the Southern Superintendency and in that of New Mexico. The Indian country south of Kansas is in the possession of insurgents from Texas and Arkansas. The agents of the United States appointed since the 4th of March for this superintendency have been unable to reach their posts, while the most of those who were in office before that time have espoused the insurrectionary cause, and assume to exercise the powers of agents by virtue of commissions from the insurrectionists. It has been stated in the public press that a portion of those Indians have been organized as a military force, and are attached to the army of the insurgents. Although the Government has no official information upon this subject, letters have been written to the Commissioner of Indian Affairs by several prominent chiefs, giving assurance of their loyalty to the United States, and expressing a wish for the presence of Federal troops to protect them. It is believed that upon the repossession of the country by the Federal forces the Indians will readily cease all hostile demonstrations, and resume their former relations to the Government.
“Agriculture, confessedly the largest interest of the nation, has not a department, nor a bureau, but a clerkship only, assigned to it in the Government. While it is fortunate that this great interest is so independent in its nature as to not have demanded and extorted more from the Government, I respectfully ask Congress to consider whether something more can not be given voluntarily with general advantage.
“Annual reports exhibiting the condition of our agriculture, commerce, and manufactures, would present a fund of information of great practical value to the country. While I make no suggestion as to details, I venture the opinion that an agricultural and statistical bureau might profitably be organized.
“The execution of the laws for the suppression of theAfrican slave-trade has been confided to the Department of the Interior. It is a subject of gratulation that the efforts which have been made for the suppression of this inhuman traffic have been recently attended with unusual success. Five vessels being fitted out for the slave-trade have been seized and condemned. Two mates of vessels engaged in the trade, and one person in equipping a vessel as a slaver, have been convicted and subjected to the penalty of fine and imprisonment, and one captain, taken with a cargo of Africans on board his vessel, has been convicted of the highest grade of offence under our laws, the punishment of which is death.
“The Territories of Colorado, Dakota, and Nevada, created by the last Congress, have been organized, and civil administration has been inaugurated therein under auspices especially gratifying, when it is considered that the leaven of treason was found existing in some of these new countries when the Federal officers arrived there.
“The abundant natural resources of these Territories, with the security and protection afforded by organized government, will doubtless invite to them a large immigration when peace shall restore the business of the country to its accustomed channels. I submit the resolutions of the Legislature of Colorado, which evidence the patriotic spirit of the people of the Territory. So far, the authority of the United States has been upheld in all the Territories, as it is hoped it will be in the future. I commend their interests and defence to the enlightened and generous care of Congress.
“I recommend to the favorable consideration of Congress the interests of the District of Columbia. The insurrection has been the cause of much suffering and sacrifice to its inhabitants, and as they have no representative in Congress, that body should not overlook their just claims upon the Government.
“At your late session a joint resolution was adopted authorizing the President to take measures for facilitating a properrepresentation of the industrial interests of the United States at the exhibition of the industry of all nations, to be holden in London in the year 1862. I regret to say I have been unable to give personal attention to this subject—a subject at once so interesting in itself, and so extensively and intimately connected with the material prosperity of the world. Through the Secretaries of State and of the Interior a plan, or system, has been devised, and partly matured, and which will be laid before you.
“Under and by virtue of the act of Congress entitled ‘An act to confiscate property used for insurrectionary purposes,’ approved August 6, 1861, the legal claims of certain persons to the labor and service of certain other persons have become forfeited; and numbers of the latter, thus liberated, are already dependent on the United States, and must be provided for in some way. Besides this, it is not impossible that some of the States will pass similar enactments for their own benefit respectively, and by operation of which persons of the same class will be thrown upon them for disposal. In such case I recommend that Congress provide for accepting such persons from such States according to some mode of valuation, in lieu,pro tanto, of direct taxes, or upon some other plan to be agreed on with such States, respectively; that such persons, on such acceptance by the General Government, be at once deemed free; and, that, in any event, steps be taken for colonizing both classes (or the one first mentioned, if the other shall not be brought into existence) at some place or places in a climate congenial to them. It might be well to consider, too, whether the free colored people already in the United States could not, so far as individuals may desire, be included in such colonization.
“To carry out the plan of colonization may involve the acquiring of territory, and also the appropriation of money beyond that to be expended in the territorial acquisition. Having practiced the acquisition of territory for nearly sixtyyears, the question of constitutional power to do so is no longer an open one with us. The power was questioned at first by Mr. Jefferson, who, however, in the purchase of Louisiana, yielded his scruples on the plea of great expediency. If it be said that the only legitimate object of acquiring territory is to furnish homes for white men, this measure effects that object, for the emigration of colored men leaves additional room for white men remaining or coming here. Mr. Jefferson, however, placed the importance of procuring Louisiana more on political and commercial grounds than on providing room for population.
“On this whole proposition, including the appropriation of money with the acquisition of territory, does not the expediency amount to absolute necessity—that without which the Government itself cannot be perpetuated?
“The war continues. In considering the policy to be adopted for suppressing the insurrection, I have been anxious and careful that the inevitable conflict for this purpose shall not degenerate into a violent and remorseless revolutionary struggle. I have, therefore, in every case thought it proper to keep the integrity of the Union prominent as the primary object of the contest on our part, leaving all questions which are not of vital military importance to the more deliberate action of the legislature.
“In the exercise of my best discretion, I have adhered to the blockade of the ports held by the insurgents, instead of putting in force, by proclamation, the law of Congress enacted at the late session for closing those ports.
“So, also, obeying the dictates of prudence, as well as the obligations of law, instead of transcending, I have adhered to the act of Congress to confiscate property used for insurrectionary purposes. If a new law upon the same subject shall be proposed, its propriety will be duly considered. The Union must be preserved; and hence all indispensable means must be employed. We should not be in haste to determinethat radical and extreme measures, which may reach the loyal as well as the disloyal, are indispensable.
“The inaugural address at the beginning of the administration, and the message to Congress at the late special session, were both mainly devoted to the domestic controversy out of which the insurrection and consequent war have sprung. Nothing now occurs to add or subtract to or from the principles or general purposes stated and expressed in those documents.
“The last ray of hope for preserving the Union peaceably expired at the assault upon Fort Sumter; and a general review of what has occurred since may not be unprofitable. What was painfully uncertain then is much better defined and more distinct now; and the progress of events is plainly in the right direction. The insurgents confidently claimed a strong support from north of Mason and Dixon’s line, and the friends of the Union were not free from apprehension on the point. This, however, was soon settled definitely, and on the right side. South of the line, noble little Delaware led off right from the first. Maryland was made toseemagainst the Union. Our soldiers were assaulted, bridges were burned, and railroads torn up within her limits, and we were many days, at one time, without the ability to bring a single regiment over her soil to the capital. Now her bridges and railroads are repaired and open to the Government; she already gives seven regiments to the cause of the Union and none to the enemy; and her people, at a regular election, have sustained the Union by a larger majority and a larger aggregate vote than they ever before gave to any candidate or any question. Kentucky, too, for some time in doubt, is now decidedly, and, I think, unchangeably, ranged on the side of the Union. Missouri is comparatively quiet, and I believe can not again be overrun by the insurrectionists. These three States of Maryland, Kentucky and Missouri, neither of which would promise a single soldier at first, havenow an aggregate of not less than forty thousand in the field for the union; while of their citizens certainly not more than a third of that number, and they of doubtful whereabouts and doubtful existence, are in arms against it. After a somewhat bloody struggle of months, winter closes on the Union people of Western Virginia, leaving them masters of their own country.
“An insurgent force of about fifteen hundred, for months dominating the narrow peninsular region, constituting the counties of Accomac and Northampton, and known as the eastern shore of Virginia, together with some contiguous parts of Maryland, have laid down their arms; and the people there have renewed their allegiance to, and accepted the protection of the old flag. This leaves no armed insurrectionist north of the Potomac or east of the Chesapeake.
“Also we have obtained a footing at each of the isolated points, on the southern coast, of Hatteras, Port Royal, Tybee Island, near Savannah, and Ship Island; and we likewise have some general accounts of popular movements, in behalf of the Union, in North Carolina and Tennessee.
“These things demonstrate that the cause of the Union is advancing steadily and certainly southward.
“Since your last adjournment, Lieut.-Gen. Scott has retired from the head of the army. During his long life, the nation has not been unmindful of his merit; yet, on calling to mind how faithfully, ably and brilliantly he has served the country, from a time far back in our history, when few of the now living had been born, and thenceforward continually, I can not but think we are still his debtors. I submit, therefore, for your consideration, what further mark of recognition is due to him, and to ourselves, as a grateful people.
“With the retirement of Gen. Scott came the Executive duty of appointing, in his stead, a General-in-chief of the army. It is a fortunate circumstance that neither in council nor country was there, so far as I know, any difference ofopinion as to the proper person to be selected. The retiring chief repeatedly expressed his judgment in favor of Gen. McClellan for the position, and in this the nation seemed to give a unanimous concurrence. The designation of Gen. McClellan is, therefore, in considerable degree, the selection of the country as well as of the Executive; and hence there is better reason to hope there will be given him the confidence and cordial support thus, by fair implication, promised, and without which he can not, with so full efficiency, serve the country.
“It has been said that one bad General is better than two good ones; and the saying is true, if taken to mean no more than that an army is better directed by a single mind, though inferior, than by two superior ones at variance and cross-purposes with each other.
“And the same is true in all joint operations wherein those engagedcanhave none but a common end in view, andcandiffer only as to the choice of means. In a storm at sea, no one on boardcanwish the ship to sink, and yet, not unfrequently, all go down together because too many will direct and no single mind can be allowed to control.
“It continues to develop that the insurrection is largely, if not exclusively, a war upon the first principle of popular government—the rights of the people. Conclusive evidence of this is found in the most grave and maturely-considered public documents, as well as in the general tone of the insurgents. In those documents we find the abridgment of the existing right of suffrage and the denial to the people of all right to participate in the selection of public officers, except the legislative, boldly advocated, with labored arguments to prove that large control of the people in government is the source of all political evil. Monarchy itself is sometimes hinted at as a possible refuge from the power of the people.
“In my present position I could scarcely be justified were I to omit raising a warning voice against this approach of returning despotism.
“It is not needed nor fitting here that a general argument should be made in favor of popular institutions; but there is one point, with its connections, not so hackneyed as most others, to which I ask a brief attention. It is the effort to placecapitalon an equal footing with, if not abovelabor, in the structure of government. It is assumed that labor is available only in connection with capital—that nobody labors unless somebody else, owning capital, somehow by the use of it induces him to labor. This assumed, it is next considered whether it is best that capital shallhirelaborers, and thus induce them to work by their own consent, orbuythem, and drive them to it without their consent. Having proceeded so far, it is naturally concluded that all laborers are eitherhiredlaborers, or what we call slaves. And further, it is assumed that whoever is once a hired laborer is fixed in that condition for life.
“Now, there is no such relation between capital and labor as assumed; nor is there any such thing as a free man being fixed for life in the condition of a hired laborer. Both these assumptions are false, and all inferences from them are groundless.
“Labor is prior to and independent of capital. Capital is only the fruit of labor, and could never have existed if labor had not first existed. Labor is the superior of capital, and deserves much the higher consideration. Capital has its rights, which are as worthy of protection as any other rights. Nor is it denied that there is, and probably always will be, a relation between labor and capital producing mutual benefits. The error is in assuming that the whole labor of community exists within that relation. A few men own capital, and that few avoid labor themselves, and with their capital hire or buy another few to labor for them. A large majority belong to neither class—neither work for others nor have others working for them. In most of the Southern States a majority of the whole people, of all colors, are neither slaves nor masters, while in the Northern a large majority are neither hirers norhired. Men, with their families—wives, sons, and daughters—work for themselves, on their farms, in their houses, and in their shops, taking the whole product to themselves, and asking no favors of capital, on the one hand, nor of hired laborers or slaves on the other. It is not forgotten that a considerable number of persons mingle their own labor with capital—that is, they labor with their own hands, and also buy or hire others to labor for them; but this is only a mixed, and not a distinct class. No principle stated is disturbed by the existence of this mixed class.
“Again, as has already been said, there is not, of necessity, any such thing as the free hired laborer being fixed to that condition for life. Many independent men everywhere in these States, a few years back in their lives, were hired laborers. The prudent, penniless beginner in the world, labors for wages awhile, saves a surplus with which to buy tools or land for himself, then labors on his own account another while, and at length hires another new beginner to help him. This is the just, and generous, and prosperous system, which opens the way to all—gives hope to all, and consequent energy, and progress, and improvement of condition to all. No men living are more worthy to be trusted than those who toil up from poverty; none less inclined to take or touch aught which they have not honestly earned. Let them beware of surrendering a political power which they already possess, and which, if surrendered, will surely be used to close the door of advancement against such as they, and to fix new disabilities and burdens upon them, till all of liberty shall be lost.
“From the first taking of our National Census to the last are seventy years; and we find our population at the end of the period eight times as great as it was at the beginning. The increase of those other things which men deem desirable has been even greater. We thus have at one view what the popular principle, applied to Government through the machinery of the States and the Union, has produced in a given time, andalso what if firmly maintained, it promises for the future. There are already among us those who, if the Union be preserved, will live to see it contain two hundred and fifty millions. The struggleofto-day is not altogetherforto-day; it is for a vast future also. With a reliance on Providence all the more firm and earnest, let us proceed in the great task which events have devolved upon us.
“Abraham Lincoln.
“Washington, December 3, 1861.”
At this session, provision was made for the issue of legal tender notes, and an internal revenue bill was matured, for the purposing of increasing largely the receipts of the Treasury, affording a basis for the payment of interest on authorized loans, and insuring confidence in the National currency.
A Congressional committee on the conduct of the war was also appointed, the evidence obtained by which was submitted to the President for his consideration and eventually given to the public.
A confiscation bill was passed, with a special provision for conditional pardon and amnesty, limiting the forfeiture of real estate to the lifetime of its rebel owners.