MESSAGE TO CONGRESS.

TO THE SENATE AND HOUSE OF REPRESENTATIVES:

On the 3d of November, 1861, a collision took place off the coast of Cuba between the United States war steamer San Jacinto and the French brig Jules et Marie, resulting in serious damage to the latter. The obligation of this Government to make amends therefor could not be questioned if the injury resulted from any fault On the part of the San Jacinto. With a view to ascertain this, the subject was referred to a commission of the United States and French naval officers at New York, with a naval officer of Italy as an arbiter. The conclusion arrived at was that the collision was occasioned by the failure of the San Jacinto seasonably to reverse her engine. It then became necessary to ascertain the amount of indemnification due to the injured party. The United States consul-general at Havana was consequently instructed to confer with the consul of France on this point, and they have determined that the sum of $9,500 is an equitable allowance under the circumstances.

I recommend an appropriation of this sum for the benefit of the owners of the Jules et Marie.

A copy of the letter of Mr. Shufeldt, the consul-general of the United States at Havana, to the Secretary of State on the subject is herewith transmitted.

A. LINCOLN.

December 7, 1862.

Hon. H. J. RAYMOND, Times Office, New York:

Yours of November 25 reached me only yesterday. Thank you for it. I shall consider and remember your suggestions.

A. LINCOLN.

HON. B. GRATZ BROWN, Saint Louis, Missouri:

Yours of the 3d received yesterday. Have already done what I can in the premises.

A. LINCOLN.

EXECUTIVE MANSION, WASHINGTON, December 8, 1862. GOVERNOR ANDREW JOHNSON, Nashville, Tenn.:

Jesse H. Strickland is here asking authority to raise a regiment of Tennesseeans. Would you advise that the authority be given him?

A. LINCOLN.

TO THE SENATE AND HOUSE OF REPRESENTATIVES:

In conformity to the law of July 16, 1862, I most cordially recommend, that Commander John L. Worden, United States Navy, receive a vote of thanks of Congress for the eminent skill and gallantry exhibited by him in the late remarkable battle between the United States ironclad steamer Monitor, under his command, and the rebel ironclad steamer Merrimac, in March last.

The thanks of Congress for his services on the occasion referred to were tendered by a resolution approved July 11, 1862, but the recommendation is now specially made in order to comply with the requirements of the ninth section of the act of July 16, 1862, which is in the following words, viz.:

"That any line officer of the navy or marine corps may be advanced one grade if upon recommendation of the President by name he receives the thanks of Congress for highly distinguished conduct in conflict with the enemy or for extraordinary heroism in the line of his profession."

A. LINCOLN.

December 10, 1862.

MAJOR-GENERAL CURTIS, St. Louis, Missouri:

Please suspend, until further order, all proceeding on the order made by General Schofield, on the twenty-eighth day of August last, for assessing and collecting from secessionists and Southern sympathizers the sum of five hundred thousand dollars, etc., and in the meantime make out and send me a statement of facts pertinent to the question, together with your opinion upon it.

A. LINCOLN.

December 10, 1862.

Hon. J. K. DuBois.

MY DEAR SIR:—In the summer of 1859, when Mr. Freeman visited Springfield, Illinois, in relation to the McCallister and Stebbins bonds I promised him that, upon certain conditions, I would ask members of the Legislature to give him a full and fair hearing of his case. I do not now remember, nor have I time to recall, exactly what the conditions were, nor whether they were completely performed; but there can be in no case any harm [in] his having a full and fair hearing, and I sincerely wish it may be given him.

Yours truly,

A. LINCOLN.

TO THE SENATE OF THE UNITED STATES:

In compliance with your resolution of December 5, 1862, requesting the President "to furnish the Senate with all information in his possession touching the late Indian barbarities in the State of Minnesota, and also the evidence in his possession upon which some of the principal actors and head men were tried and condemned to death," I have the honor to state that on receipt of said resolution, I transmitted the same to the Secretary of the Interior, accompanied by a note, a copy of which is herewith inclosed, marked A, and in response to which I received, through that department, a letter of the Commissioner of Indian Affairs, a copy of which is herewith inclosed, marked B.

I further state that on the eighth day of November last I received a long telegraphic despatch from Major-General Pope, at St. Paul, Minnesota, simply announcing the names of the persons sentenced to be hanged. I immediately telegraphed to have transcripts of the records in all cases forwarded to me, which transcripts, however, did not reach me until two or three days before the present meeting of Congress. Meantime I received, through telegraphic despatches and otherwise, appeals in behalf of the condemned, appeals for their execution, and expressions of opinion as to the proper policy in regard to them and to the Indians generally in that vicinity, none of which, as I understand, falls within the scope of your inquiry. After the arrival of the transcripts of records, but before I had sufficient opportunity to examine them, I received a joint letter from one of the senators and two of the representatives from Minnesota, which contains some statements of fact not found in the records of the trials, and for which reason I herewith transmit a copy, marked C. I also, for the same reason, inclose a printed memorial of the citizens of St. Paul, addressed to me, and forwarded with the letter aforesaid.

Anxious to not act with so much clemency as to encourage another outbreak on the one hand, nor with so much severity as to be real cruelty on the other, I caused a careful examination of the records of trials to be made, in view of first ordering the execution of such as had been proved guilty of violating females. Contrary to my expectation, only two of this class were found. I then directed a further examination and a classification of all who were proven to have participated in massacres, as distinguished from participation in battles. This class numbered forty, and included the two convicted of female violation. One of the number is strongly recommended, by the commission which tried them, for commutation to ten years imprisonment I have ordered the other thirty-nine to be executed on Friday the 19th instant. The order was despatched from here on Monday, the 8th instant, by a messenger to General Sibley, and a copy of which order is herewith transmitted, marked D.

An abstract of the evidence as to the forty is herewith inclosed, marked E.

To avoid the immense amount of copying, I lay before the Senate the original transcripts of the records of trials, as received by me.

This is as full and complete a response to the resolution as it is in my power to make.

A. LINCOLN.

FELLOW-CITIZENS OF THE SENATE AND HOUSE OF REPRESENTATIVES:

I have in my possession three valuable swords, formerly the property of General David E. Twiggs, which I now place at the disposal of Congress. They are forwarded to me from New Orleans by Major-General Benjamin F. Butler. If they or any of them shall be by Congress disposed of in reward or compliment of military service, I think General Butler is entitled to the first consideration. A copy of the General's letter to me accompanying the swords is herewith transmitted.

A. LINCOLN.

HON. FERNANDO WOOD.

MY DEAR SIR:—Your letter of the 8th, with the accompanying note of same date, was received yesterday. The most important paragraph in the letter, as I consider, is in these words:

"On the 25th of November last I was advised by an authority which I deemed likely to be well informed, as well as reliable and truthful, that the Southern States would send representatives to the next Congress, provided that a full and general amnesty should permit them to do so. No guarantee or terms were asked for other than the amnesty referred to."

I strongly suspect your information will prove to be groundless; nevertheless, I thank you for communicating it to me. Understanding the phrase in the paragraph just quoted—"the Southern States would send representatives to the next Congress"—to be substantially the same as that "the people of the Southern States would cease resistance, and would reinaugurate, submit to, and maintain the national authority within the limits of such States, under the Constitution of the United States," I say that in such case the war would cease on the part of the United States; and that if within a reasonable time "a full and general amnesty" were necessary to such end, it would not be withheld.

I do not think it would be proper now to communicate this, formally or informally, to the people of the Southern States. My belief is that they already know it; and when they choose, if ever, they can communicate with me unequivocally. Nor do I think it proper now to suspend military operations to try any experiment of negotiation.

I should nevertheless receive with great pleasure the exact information you now have, and also such other as you may in any way obtain. Such information might be more valuable before the 1st of January than afterwards.

While there is nothing in this letter which I shall dread to see in history, it is, perhaps, better for the present that its existence should not become public. I therefore have to request that you will regard it as confidential.

Your obedient servant,

A. LINCOLN.

MAJOR-GENERAL CURTIS, St. Louis, Missouri:

If my friend Dr. William Fithian, of Danville, Ill., should call on YOU, please give him such facilities as you consistently can about recovering the remains of a step-son, and matters connected therewith.

A. LINCOLN.

BRIG. GEN. H. H. SIBLEY, Saint Paul, Minn.:

As you suggest, let the executions fixed for Friday the 19th instant be postponed to, and be done on, Friday the 26th instant.

A. LINCOLN. (Private.) Operator please send this very carefully and accurately. A. L.

MAJOR-GENERAL CURTIS, Saint Louis, Missouri:

N. W. Watkins, of Jackson, Mo., (who is half brother to Henry Clay), writes me that a colonel of ours has driven him from his home at Jackson. Will you please look into the case and restore the old man to his home if the public interest will admit?

A. LINCOLN.

MAJOR-GENERAL BURNSIDE, Falmouth:

Your despatch about General Stahel is received. Please ascertain from General Sigel and his old corps whether Stahel or Schurz is preferable and telegraph the result, and I will act immediately. After all I shall be governed by your preference.

A. LINCOLN.

MAJOR-GENERAL CURTIS:

Could the civil authority be reintroduced into Missouri in lieu of the military to any extent, with advantage and safety?

A. LINCOLN.

MAJOR-GENERAL BURNSIDE

George Patten says he was a classmate of yours and was in the same regiment of artillery. Have you a place you would like to put him in? And if so what is it?

A. LINCOLN.

GOVERNOR GAMBLE, Saint Louis, MO.:

It is represented to me that the enrolled militia alone would now maintain law and order in all the counties of your State north of the Missouri River. If so all other forces there might be removed south of the river, or out of the State. Please post yourself and give me your opinion upon the subject.

A. LINCOLN.

December 19, 1862.

MAJOR-GENERAL CURTIS, Saint Louis, Mo.:

Hon. W. A. Hall, member of Congress here, tells me, and Governor Gamble telegraphs me; that quiet can be maintained in all the counties north of the Missouri River by the enrolled militia. Confer with Governor Gamble and telegraph me.

A. LINCOLN.

MAJOR-GENERAL BURNSIDE:

Come, of course, if in your own judgment it is safe to do so.

A. LINCOLN.

December 20, 1862.

HON. WILLIAM H. SEWARD AND HON. SALMON P. CHASE.

GENTLEMEN:—You have respectively tendered me your resignations as Secretary of State and Secretary of the Treasury of the United States. I am apprised of the circumstances which may render this course personally desirable to each of you; but after most anxious consideration my deliberate judgment is that the public interest does not admit of it. I therefore have to request that you will resume the duties of your departments respectively.

Your obedient servant,

A. LINCOLN.

GOVERNOR ANDREW, Boston, Mass.:

Neither the Secretary of War nor I know anything except what you tell us about the "published official document" you mention.

A. LINCOLN.

HON. T. J. HENDERSON.

DEAR SIR:-Your letter of the 8th to Hon. William Kellogg has just been shown me. You can scarcely overestimate the pleasure it would give me to oblige you, but nothing is operating so ruinously upon us everywhere as "absenteeism." It positively will not do for me to grant leaves of absence in cases not sufficient to procure them under the regular rules.

It would astonish you to know the extent of the evil of "absenteeism." We scarcely have more than half the men we are paying on the spot for service anywhere.

Yours very truly,

A. LINCOLN.

December 22, 1862.

TO THE ARMY OF THE POTOMAC:

I have just read your general's report of the battle of Fredericksburg. Although you were not successful, the attempt was not an error, nor the failure other than accident. The courage with which you, in an open field, maintained the contest against an intrenched foe, and the consummate skill and success with which you crossed and recrossed the river in the face of the enemy, show that you possess all the qualities of a great army, which will yet give victory to the cause of the country and of popular government.

Condoling with the mourners for the dead, and sympathizing with the severely wounded, I congratulate you that the number of both is comparatively so small.

I tender to you, officers and soldiers, the thanks of the nation.

A. LINCOLN.

EXECUTIVE MANSION, WASHINGTON, December, 23, 1862.

DEAR FANNY:—It is with deep regret that I learn of the death of your kind and brave father, and especially that it is affecting your young heart beyond what is common in such cases. In this sad world of ours sorrow comes to all, and to the young it comes with bittered agony because it takes them unawares.

The older have learned ever to expect it. I am anxious to afford some alleviation of your present distress, perfect relief is not possible, except with time. You cannot now realize that you will ever feel better. Is not this so? And yet it is a mistake. You are sure to be happy again. To know this, which is certainly true, will make you some less miserable now. I have had experience enough to know what I say, and you need only to believe it to feel better at once. The memory of your dear father, instead of an agony, will yet be a sad, sweet feeling in your heart, of a purer and holier sort than you have known before.

Please present my kind regards to your afflicted mother.

Your sincere friend,

A. LINCOLN.

HONORABLE SECRETARY OF WAR.

Sir:—Two Ohio regiments and one Illinois regiment which were captured at Hartsville have been paroled and are now at Columbus, Ohio. This brings the Ohio regiments substantially to their homes. I am strongly impressed with the belief that the Illinois regiment better be sent to Illinois, where it will be recruited and put in good condition by the time they are exchanged so as to re-enter the service. They did not misbehave, as I am satisfied, so that they should receive no treatment nor have anything withheld from them by way of punishment.

Yours truly,

A. LINCOLN.

MAJOR-GENERAL CURTIS, Saint Louis, Mo.:

Let the order in regard to Dr. McPheeters and family be suspended until you hear from me.

A. LINCOLN.

HIS EXCELLENCY GOVERNOR GAMBLE:

I do not wish to leave the country north of the Missouri to the care of the enrolled militia except upon the concurrent judgment of yourself and General Curtis. His I have not yet obtained. Confer with him, and I shall be glad to act when you and he agree.

A. LINCOLN

MAJOR-GENERAL BURNSIDE:

I have good reason for saying you must not make a general movement of the army without letting me know.

A. LINCOLN.

MAJOR-GENERAL Dix, Fort Monroe, Va.:

I hear not a word about the Congressional election of which you and I corresponded. Time clearly up.

A. LINCOLN.

EXECUTIVE MANSION, WASHINGTON, December 31, 1862.

HON. H. J. RAYMOND:

The proclamation cannot be telegraphed to you until during the day to-morrow.

JNO. G. NICOLAY.

[Same to Horace Greeley]

A Proclamation.

Whereas on the 22d day of September, A.D. 1862, a proclamation was issued by the President of the United States, containing, among other things, the following, to wit:

"That on the 1st day of January, A.D., 1863, all persons held as slaves within any State or designated part of a State the people whereof shall then be in rebellion against the United States shall be then, thenceforward, and forever free; and the executive government of the United States, including the military and naval authority thereof, will recognize and maintain the freedom of such persons and will do no act or acts to repress such persons, or any of them, in any efforts they may make for their actual freedom.

"That the executive will on the 1st day of January aforesaid, by proclamation, designate the States and parts of States, if any, in which the people thereof, respectively, shall then be in rebellion against the United States; and the fact that any State or the people thereof shall on that day be in good faith represented in the Congress of the United States by members chosen thereto at elections wherein a majority of the qualified voters of such States shall have participated shall, in the absence of strong countervailing testimony, be deemed conclusive evidence that such State and the people thereof are not then in rebellion against the United States."

Now, therefore, I, Abraham Lincoln, President of the United States, by virtue of the power in me vested as Commander-in-Chief of the Army and Navy of the United States in time of actual armed rebellion against the authority and government of the United States, and as a fit and necessary war measure for suppressing said rebellion, do, on this 1st day of January, A. D. 1863, and in accordance with my purpose so to do, publicly proclaimed for the full period of one hundred days from the first day above mentioned, order and designate as the States and parts of States wherein the people thereof, respectively, are this day in rebellion against the United States the following, to wit:

Arkansas, Texas, Louisiana (except the parishes of St. Bernard, Plaquemines, Jefferson, St. John, St. Charles, St. James, Ascension, Assumption, Terre Bonne, Lafourche, St. Mary, St. Martin, and Orleans, including the city of New Orleans), Mississippi, Alabama, Florida, Georgia, South Carolina, North Carolina, and Virginia (except the forty-eight counties designated as West Virginia, and also the counties of Berkeley, Accomac, Northampton, Elizabeth City, York, Princess Anne, and Norfolk, including the cities of Norfolk and Portsmouth), and which excepted parts are for the present left precisely as if this proclamation were not issued.

And by virtue of the power and for the purpose aforesaid, I do order and declare that all persons held as slaves within said designated States and parts of States are, and henceforward shall be, free; and that the Executive Government of the United States, including the military and naval authorities thereof, will recognize and maintain the freedom of said persons.

And I hereby enjoin upon the people so declared to be free to abstain from all violence, unless in necessary self-defense; and I recommend to them that, in all cases when allowed, they labor faithfully for reasonable wages.

And I further declare and make known that such persons of suitable condition will be received into the armed service of the United States to garrison forts, positions, stations, and other places, and to man vessels of all sorts in said service.

And upon this act, sincerely believed to be an act of justice, warranted by the Constitution upon military necessity, I invoke the considerate judgment of mankind and the gracious favor of Almighty God.

In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed.

Done at the city of Washington, this first day of January, A.D. 1863, and of the independence of the United States of America the eighty-seventh.

A. LINCOLN.

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

MAJOR-GENERAL HALLECK.

DEAR SIR:—General Burnside wishes to cross the Rappahannock with his army, but his grand division commanders all oppose the movement. If in such a difficulty as this you do not help, you fail me precisely in the point for which I sought your assistance You know what General Burnside's plan is, and it is my wish that you go with him to the ground, examine it as far as practicable, confer with the officers, getting their judgment, and ascertaining their temper—in a word, gather all the elements for forming a judgment of your own, and then tell General Burnside that you do approve or that you do not approve his plan. Your military skill is useless to me if you will not do this.

Yours very truly,

A. LINCOLN

[Indorsement]

January 1, 1863 Withdrawn, because considered harsh by General Halleck.

A. LINCOLN.

TO THE SENATE AND HOUSE OF REPRESENTATIVES:

I submit to Congress the expediency of extending to other departments of the government the authority conferred on the President by the eighth section of the act of the 8th of May, 1792, to appoint a person to temporarily discharge the duties of Secretary of State, Secretary of the Treasury, and Secretary of War, in case of the death, absence from the seat of government, or sickness of either of those officers.

A. LINCOLN.

MAJOR-GENERAL CURTIS.

MY DEAR SIR:—Yours of December 29 by the hand of Mr. Strong is just received. The day I telegraphed you suspending the order in relation to Dr. McPheeters, he, with Mr. Bates, the Attorney-General, appeared before me and left with me a copy of the order mentioned. The doctor also showed me the Copy of an oath which he said he had taken, which is indeed very strong and specific. He also verbally assured me that he had constantly prayed in church for the President and government, as he had always done before the present war. In looking over the recitals in your order, I do not see that this matter of the prayer, as he states it, is negatived, nor that any violation of his oath is charged nor, in fact, that anything specific is alleged against him. The charges are all general: that he has a rebel wife and rebel relations, that he sympathies with rebels, and that he exercises rebel influence. Now, after talking with him, I tell you frankly I believe he does sympathize with the rebels, but the question remains whether such a man, of unquestioned good moral character, who has taken such an oath as he has, and cannot even be charged with violating it, and who can be charged with no other specific act or omission, can, with safety to the government, be exiled upon the suspicion of his secret sympathies. But I agree that this must be left to you, who are on the spot; and if, after all, you think the public good requires his removal, my suspension of the order is withdrawn, only with this qualification, that the time during the suspension is not to be counted against him. I have promised him this. But I must add that the United States Government must not, as by this order, undertake to run the churches. When an individual in a church or out of it becomes dangerous to the public interest, he must be checked; but let the churches, as such, take care of themselves. It will not do for the United States to appoint trustees, supervisors, or other agents for the churches.

Yours very truly,

A. LINCOLN.

P. S.—The committee composed of Messrs. Yeatman and Filley (Mr. Broadhead not attending) has presented your letter and the memorial of sundry citizens. On the whole subject embraced exercise your best judgment, with a sole view to the public interest, and I will not interfere without hearing you.

A. LINCOLN., January 3, 1863.

HON. GIDEON WELLES, Secretary of the Navy.

DEAR SIR:—As many persons who come well recommended for loyalty and service to the Union cause, and who are refugees from rebel oppression in the State of Virginia, make application to me for authority and permission to remove their families and property to protection within the Union lines, by means of our armed gunboats on the Potomac River and Chesapeake Bay, you are hereby requested to hear and consider all such applications, and to grant such assistance to this class of persons as in your judgment their merits may render proper, and as may in each case be consistent with the perfect and complete efficiency of the naval service and with military expediency.

A. LINCOLN.

MAJOR-GENERAL CURTIS.

MY DEAR SIR:—I am having a good deal of trouble with Missouri matters, and I now sit down to write you particularly about it. One class of friends believe in greater severity and another in greater leniency in regard to arrests, banishments, and assessments. As usual in such cases, each questions the other's motives. On the one hand, it is insisted that Governor Gamble's unionism, at most, is not better than a secondary spring of action; that hunkerism and a wish for political influence stand before Unionism with him. On the other hand, it is urged that arrests, banishments, and assessments are made more for private malice, revenge, and pecuniary interest than for the public good. This morning I was told, by a gentleman who I have no doubt believes what he says, that in one case of assessments for $10,000 the different persons who paid compared receipts, and found they had paid $30,000. If this be true, the inference is that the collecting agents pocketed the odd $20,000. And true or not in the instance, nothing but the sternest necessity can justify the making and maintaining of a system so liable to such abuses. Doubtless the necessity for the making of the system in Missouri did exist, and whether it continues for the maintenance of it is now a practical and very important question. Some days ago Governor Gamble telegraphed me, asking that the assessments outside of St. Louis County might be suspended, as they already have been within it, and this morning all the members of Congress here from Missouri but one laid a paper before me asking the same thing. Now, my belief is that Governor Gamble is an honest and true man, not less so than yourself; that you and he could confer together on this and other Missouri questions with great advantage to the public; that each knows something which the other does not; and that acting together you could about double your stock of pertinent information. May I not hope that you and he will attempt this? I could at once safely do (or you could safely do without me) whatever you and he agree upon. There is absolutely no reason why you should not agree.

Yours as ever,

A. LINCOLN.

P. S.—I forgot to say that Hon. James S. Rollins, member of Congress from one of the Missouri districts, wishes that, upon his personal responsibility, Rev. John M. Robinson, of Columbia, Missouri; James L. Matthews, of Boone County, Missouri; and James L. Stephens, also of Boone County, Missouri, may be allowed to return to their respective homes. Major Rollins leaves with me very strong papers from the neighbors of these men, whom he says he knows to be true men. He also says he has many constituents who he thinks are rightly exiled, but that he thinks these three should be allowed to return. Please look into the case, and oblige Major Rollins if you consistently can.

Yours truly,

A. LINCOLN.

[Copy sent to Governor Gamble.]


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