HON. P. F. LOWE, San Francisco, Cal.:
There seems to be considerable misunderstanding about the recent movement to take possession of the "New Almaden" mine. It has no reference to any other mine or mines.
In regard to mines and miners generally, no change of policy by the Government has been decided on, or even thought of, so far as I know.
The "New Almaden" mine was peculiar in this: that its occupants claimed to be the legal owners of it on a Mexican grant, and went into court on that claim. The case found its way into the Supreme Court of the United States, and last term, in and by that court, the claim of the occupants was decided to be utterly fraudulent. Thereupon it was considered the duty of the Government by the Secretary of the Interior, the Attorney-General, and myself to take possession of the premises; and the Attorney-General carefully made out the writ and I signed it. It was not obtained surreptitiously, although I suppose General Halleck thought it had been, when he telegraphed, simply because he thought possession was about being taken by a military order, while he knew no such order had passed through his hands as general-in-chief.
The writ was suspended, upon urgent representations from California, simply to keep the peace. It never had any direct or indirect reference to any mine, place, or person, except the "New Almaden" mine and the persons connected with it.
A. LINCOLN.
MAJOR-GENERAL MEADE, Warrenton, Va.:
At this late moment I am appealed to in behalf of William Thompson of Company K, Third Maryland Volunteers, in Twelfth Army Corps, said to be at Kelly's Ford, under sentence to be shot to-day as a deserter. He is represented to me to be very young, with symptoms of insanity. Please postpone the execution till further order.
A. LINCOLN.
GENERAL SCHOFIELD, Saint Louis, Mo.:
Please send me if you can a transcript of the record in the case of McQuin and Bell, convicted of murder by a military commission. I telegraphed General Strong for it, but he does not answer.
A. LINCOLN.
MRS. ELIZABETH J. GRIMSLEY, Springfield, Ill.:
I mail the papers to you to-day appointing Johnny to the Naval school.
A. LINCOLN
EXECUTIVE MANSION, WASHINGTON, August 26, 1863.
HON. JAMES C. CONKLING.
MY DEAR SIR:—Your letter inviting me to attend a mass meeting of unconditional Union men, to be held at the capital of Illinois, on the 3d day of September, has been received. It would be very agreeable for me thus to meet my old friends at my own home, but I cannot just now be absent from here so long as a visit there would require.
The meeting is to be of all those who maintain unconditional devotion to the Union, and I am sure that my old political friends will thank me for tendering, as I do, the nation's gratitude to those other noble men whom no partisan malice or partisan hope can make false to the nation's life.
There are those who are dissatisfied with me. To such I would say: You desire peace, and you blame me that we do not have it. But how can we obtain it? There are but three conceivable ways:
First—to suppress the rebellion by force of arms. This I am trying to do. Are you for it? If you are, so far we are agreed. If you are not for it, a second way is to give up the Union. I am against this. Are you for it? If you are you should say so plainly. If you are not for force nor yet for dissolution, there only remains some imaginable compromise.
I do not believe that any compromise embracing the maintenance of the Union is now possible. All that I learn leads to a directly opposite belief. The strength of the rebellion is its military, its army. That army dominates all the country and all the people within its range. Any offer of terms made by any man or men within that range, in opposition to that army, is simply nothing for the present; because such man or men have no power whatever to enforce their side of a compromise, if one were made with them.
To illustrate: Suppose refugees from the South and peace men of the North get together in convention, and frame and proclaim a compromise embracing a restoration of the Union. In what way can that compromise be used to keep Lee's army out of Pennsylvania? Meade's army can keep Lee's army out of Pennsylvania, and, I think, can ultimately drive it out of existence. But no paper compromise to which the controllers of Lee's army are not agreed can at all affect that army. In an effort at such compromise we would waste time, which the enemy would improve to our disadvantage; and that would be all.
A compromise, to be effective, must be made either with those who control the rebel army, or with the people, first liberated from the domination of that army by the success of our own army. Now allow me to assure you that no word or intimation from that rebel army, or from any of the men controlling it, in relation to any peace compromise, has ever come to my knowledge or belief. All charges and insinuations to the contrary are deceptive and groundless. And I promise you that if any such proposition shall hereafter come, it shall not be rejected and kept a secret from you. I freely acknowledge myself to be the servant of the people, according to the bond of service, the United States Constitution, and that, as such, I am responsible to them.
But, to be plain: You are dissatisfied with me about the negro. Quite likely there is a difference of opinion between you and myself upon that subject. I certainly wish that all men could be free, while you, I suppose, do not. Yet, I have neither adopted nor proposed any measure which is not consistent with even your view, provided you are for the Union. I suggested compensated emancipation; to which you replied you wished not to be taxed to buy negroes. But I had not asked you to be taxed to buy negroes, except in such way as to save you from greater taxation to save the Union exclusively by other means.
You dislike the Emancipation Proclamation, and perhaps would have it retracted. You say it is unconstitutional. I think differently. I think the Constitution invests its commander-in-chief with the law of war in time of war. The most that can be said, if so much, is, that slaves are property. Is there, has there ever been, any question that by the law of war, property, both of enemies and friends, may be taken when needed? And is it not needed whenever it helps us and hurts the enemy? Armies, the world over, destroy enemies' property when they cannot use it, and even destroy their own to keep it from the enemy. Civilized belligerents do all in their power to help themselves or hurt the enemy, except a few things regarded as barbarous or cruel. Among the exceptions are the massacre of vanquished foes and non-combatants, male and female.
But the proclamation, as law, either is valid or is not valid. If it is not valid it needs no retraction. If it is valid it cannot be retracted, any more than the dead can be brought to life. Some of you profess to think its retraction would operate favorably for the Union, why better after the retraction than before the issue? There was more than a year and a half of trial to suppress the rebellion before the proclamation was issued, the last one hundred days of which passed under an explicit notice that it was coming, unless averted by those in revolt returning to their allegiance. The war has certainly progressed as favorably for us since the issue of the proclamation as before.
I know, as fully as one can know the opinions of others, that some of the commanders of our armies in the field, who have given us our most important victories, believe the emancipation policy and the use of colored troops constitute the heaviest blows yet dealt to the rebellion, and that at least one of those important successes could not have been achieved when it was but for the aid of black soldiers.
Among the commanders who hold these views are some who have never had any affinity with what is called "Abolitionism," or with "Republican Party politics," but who hold them purely as military opinions. I submit their opinions are entitled to some weight against the objections often urged that emancipation and arming the blacks are unwise as military measures, and were not adopted as such in good faith.
You say that you will not fight to free negroes. Some of them seem willing to fight for you; but no matter. Fight you, then, exclusively, to save the Union. I issued the proclamation on purpose to aid you in saving the Union. Whenever you shall have conquered all resistance to the Union, if I shall urge you to continue fighting, it will be an apt time then for you to declare you will not fight to free negroes. I thought that in your struggle for the Union, to whatever extent the negroes should cease helping the enemy, to that extent it weakened the enemy in his resistance to you. Do you think differently? I thought that whatever negroes can be got to do as soldiers, leaves just so much less for white soldiers to do in saving the Union. Does it appear otherwise to you? But negroes, like other people, act upon motives. Why should they do anything for us if we will do nothing for them? If they stake their lives for us they must be prompted by the strongest motive, even the promise of freedom. And the promise, being made, must be kept.
The signs look better. The Father of Waters again goes unvexed to the sea. Thanks to the great Northwest for it; nor yet wholly to them. Three hundred miles up they met New England, Empire, Keystone, and Jersey, hewing their way right and left. The sunny South, too, in more colors than one, also lent a helping hand. On the spot, their part of the history was jotted down in black and white. The job was a great national one, and let none be slighted who bore an honorable part in it And while those who have cleared the great river may well be proud, even that is not all. It is hard to say that anything has been more bravely and well done than at Antietam, Murfreesboro, Gettysburg, and on many fields of less note. Nor must Uncle Sam's web-feet be forgotten. At all the watery margins they have been present; not only on the deep sea, the broad bay, and the rapid river, but also up the narrow, muddy bayou, and wherever the ground was a little damp, they have been and made their tracks. Thanks to all. For the great Republic—for the principle it lives by and keeps alive—for man's vast future—thanks to all.
Peace does not appear so distant as it did. I hope it will come soon, and come to stay, and so come as to be worth the keeping in all future time. It will then have been proved that among freemen there can be no successful appeal from the ballot to the bullet, and that they who take such appeal are sure to lose their case and pay the cost. And there will be some black men who can remember that with silent tongue, and clinched teeth, and steady eye, and well-poised bayonet, they have helped mankind on to this great consummation; while I fear there will be some white ones unable to forget that with malignant heart and deceitful speech they have striven to hinder it.
Still, let us not be over-sanguine of a speedy, final triumph. Let us be quite sober. Let us diligently apply the means, never doubting that a just God, in His own good time, will give us the rightful result.
Yours very truly,
A. LINCOLN.
WAR DEPARTMENT, WASHINGTON CITY, D. C., August 27.1863.
HON. JAMES CONKLING.
MY DEAR CONKLING:—I cannot leave here now. Herewith is a letter instead. You are one of the best public readers. I have but one suggestion—read it very slowly. And now God bless you, and all good Union men.
Yours as ever,
A. LINCOLN.
HON. SECRETARY OF WAR SIR:-In my correspondence with Governor Seymour in relation to the draft, I have said to him, substantially, that credits shall be given for volunteers up to the latest moment, before drawing in any district, that can be done without producing confusion or delay. In order to do this, let our mustering officers in New York and elsewhere be at, once instructed that whenever they muster into our service any number of volunteers, to at once make return to the War Department, both by telegraph and mail, the date of the muster, the number mustered, and the Congressional or enrolment district or districts, of their residences, giving the numbers separately for each district. Keep these returns diligently posted, and by them give full credit on the quotas, if possible, on the last day before the draft begins in any district.
Again, I have informed Governor Seymour that he shall be notified of the time when the draft is to commence in each district in his State. This is equally proper for all the States. In order to carry it out, I propose that so soon as the day for commencing the draft in any district is definitely determined, the governor of the State, including the district, be notified thereof, both by telegraph and mail, in form about as follows:
——————————————————————————— 1863.
Governor of —————————————————————————————————
You are notified that the draft will commence in the————————— —— district, at ——— on the——— day ——————1863, at ——— A.M. of said day.
Please acknowledge receipt of this by telegraph and mail.————————————————————————
This notice may be given by the Provost-Marshal-General here, the sub-provost-marshal-generals in the States, or perhaps by the district provost-marshals.
Whenever we shall have so far proceeded in New York as to make the re-enrolment specially promised there practicable, I wish that also to go forward, and I wish Governor Seymour notified of it; so that if he choose, he can place agents of his with ours to see the work fairly done.
Yours truly,
A. LINCOLN.
HIS EXCELLENCY HORATIO SEYMOUR,
Governor of New York:
Yours of the 21st, with exhibits, was received on the 24th.
In the midst of pressing duties I have been unable to answer it sooner. In the meantime the Provost Marshal-General has had access to yours, and has addressed a communication in relation to it to the Secretary of War, a copy of which communication I herewith enclose to you.
Independently of this, I addressed a letter on the same subject to the Secretary of War, a copy of which I also enclose to you. The Secretary has sent my letter to the Provost-Marshal General, with direction that he adopt and follow the course therein pointed out. It will, of course, overrule any conflicting view of the Provost-Marshal-General, if there be such.
Yours very truly,
A. LINCOLN.
P. S.-I do not mean to say that if the Provost-Marshal-General can find it practicable to give credits by subdistricts, I overrule him in that. On the contrary, I shall be glad of it; but I will not take the risk of over-burdening him by ordering him to do it. A. L.
Abraham Lincoln
GENERAL SCHOFIELD, St. LOUIS:
I have just received the despatch which follows, from two very influential citizens of Kansas, whose names I omit. The severe blow they have received naturally enough makes them intemperate even without there being any just cause for blame. Please do your utmost to give them future security and to punish their invaders.
A. LINCOLN.
MAJOR-GENERAL MEADE, Warrenton, Va.:
Walter, Rionese, Folancy, Lai, and Kuhn appealed to me for mercy, without giving any ground for it whatever. I understand these are very flagrant cases, and that you deem their punishment as being indispensable to the service. If I am not mistaken in this, please let them know at once that their appeal is denied.
A. LINCOLN.
F. C. SHERMAN, Mayor, J. S. HAVES, Comptroller, Chicago, Ill.:
Yours of the 24th, in relation to the draft, is received. It seems to me the Government here will be overwhelmed if it undertakes to conduct these matters with the authorities of cities and counties. They must be conducted with the governors of States, who will, of course, represent their cities and counties. Meanwhile you need not be uneasy until you again hear from here.
A. LINCOLN.
MAJOR-GENERAL FOSTER, Fort Monroe, Va.:
Please notify, if you can, Senator Bowden, Mr. Segar, and Mr. Chandler, all or any of them, that I now have the record in Dr. Wright's case, and am ready to hear them. When you shall have got the notice to them, please let me know.
A. LINCOLN.
GENERAL CRAWFORD, Rappahannock Station, Va.:
I regret that I cannot be present to witness the presentation of a sword by the gallant Pennsylvania Reserve Corps to one so worthy to receive it as General Meade.
A. LINCOLN.
HON. L. SWETT, San Francisco, Cal.: If the Government's rights are reserved, the Government will be satisfied, and at all events it will consider.
A. LINCOLN.
MRS. A. LINCOLN, Manchester, N. H.:
All quite well. Fort Sumter is certainly battered down and utterly useless to the enemy, and it is believed here, but not entirely certain, that both Sumter and Fort Wagner are occupied by our forces. It is also certain that General Gilmore has thrown some shot into the city of Charleston.
A. LINCOLN.
August 31, 1863.
HON. JAMES C. CONKLING, Springfield, Ill.:
In my letter of the 26th insert between the sentence ending "since the issue of the Emancipation Proclamation as before" and the next, commencing "You say you will not fight, etc.," what follows below my signature hereto.
A. LINCOLN.
"I know as fully as one can know the opinions of others that some of the commanders of our armies in the field, who have given us our most important successes, believe the emancipation policy and the use of colored troops constitute the heaviest blow yet dealt to the rebellion, and that at least one of those important successes could not have been achieved when it was, but for the aid of black soldiers. Among the commanders holding these views are some who have never had any affinity with what is called abolitionism, or with Republican party politics, but who hold them purely as military opinions. I submit these opinions as being entitled to some weight against the objections, often urged, that emancipation and arming the blacks are unwise as military measures and were not adopted as such in good faith."
MY DEAR GENERAL ROSECRANS:
Yours of the 22d was received yesterday. When I wrote you before, I did not intend, nor do I now, to engage in an argument with you on military questions. You had informed me you were impressed through General Halleck that I was dissatisfied with you, and I could not bluntly deny that I was without unjustly implicating him. I therefore concluded to tell you the plain truth, being satisfied the matter would thus appear much smaller than it would if seen by mere glimpses. I repeat that my appreciation of you has not abated. I can never forget whilst I remember anything, that about the end of last year and the beginning of this, you gave us a hard-earned victory, which, had there been a defeat instead, the nation could hardly have lived over. Neither can I forget the check you so opportunely gave to a dangerous sentiment which was spreading in the North.
Yours, as ever,
A. LINCOLN
It is not improbable that retaliation for the recent great outrage at Lawrence, in Kansas, may extend to indiscriminate slaughter on the Missouri border, unless averted by very judicious action. I shall be obliged if the general-in-chief can make any suggestions to General Schofield upon the subject.
A. LINCOLN.
EXECUTIVE MANSION, WASHINGTON, September 3, 1863.
HON. JAMES C. CONKLING, Springfield, Ill.:
I am mortified this morning to find the letter to you botched up in the Eastern papers, telegraphed from Chicago. How did this happen?
A. LINCOLN.
Ordered, That the executive order dated November 21, 1862, prohibiting the exportation from the United States of arms, ammunition, or munitions of war, under which the commandants of departments were, by order of the Secretary of War dated May 13, 1863, directed to prohibit the purchase and sale, for exportation from the United States, of all horses and mules within their respective commands, and to take and appropriate for the use of the United States any horses, mules, and live stock designed for exportation, be so far modified that any arms heretofore imported into the United States may be re-exported to the place of original shipment, and that any live stock raised in any State or Territory bounded by the Pacific Ocean may be exported from, any port of such State or Territory.
A. LINCOLN.
HON. JOSEPH SEGAR, Fort Monroe, Va.:
I have just seen your despatch to the Secretary of War, who is absent. I also send a despatch from Major Hayner of the 3d showing that he had notice of my order, and stating that the people were jubilant over it, as a victory over the Government extorted by fear, and that he had already collected about $4000 of the money. If he has proceeded since, I shall hold him accountable for his contumacy. On the contrary, no dollar shall be refunded by my order until it shall appear that my act in the case has been accepted in the right spirit.
A. LINCOLN
MRS. A. LINCOLN, Manchester, Vt.:
All well and no news except that General Burnside has Knoxville, Ten.
A. LINCOLN.
HON. SECRETARY OF WAR, Bedford, Pa.:
Burnside has Kingston and Knoxville, and drove the enemy across the river at Loudon, the enemy destroying the bridge there; captured some stores and one or two trains; very little fighting; few wounded and none killed. No other news of consequence.
A. LINCOLN.
Yours of August 29 just received. I suppose it was intended by Congress that this government should execute the act in question without dependence upon any other government, State, city, or county. It is, however, within the range of practical convenience to confer with the governments of States, while it is quite beyond that range to have correspondence on the subject with counties and cities. They are too numerous. As instances, I have corresponded with Governor Seymour, but Not with Mayor Opdyke; with Governor Curtin, but not with Mayor Henry.
A. LINCOLN.
HON. ANDREW JOHNSON, Nashville, Tenn.:
Despatch of yesterday just received. I shall try to find the paper you mention and carefully consider it. In the meantime let me urge that you do your utmost to get every man you can, black and white, under arms at the very earliest moment, to guard roads, bridges, and trains, allowing all the better trained soldiers to go forward to Rosecrans. Of course I mean for you to act in co-operation with and not independently of, the military authorities.
A. LINCOLN.
MAJOR-GENERAL MEADE, Warrenton, Va.:
It would be a generous thing to give General Wheaton a leave of absence for ten or fifteen days, and if you can do so without injury to the service, please do it.
A. LINCOLN.
GENERAL WHEATON, Army of Potomac:
Yesterday at the instance of Mr. Blair, senator, I telegraphed General Meade asking him to grant you a leave of absence, to which he replied that you had not applied for such leave, and that you can have it when you do apply. I suppose it is proper for you to know this.
A. LINCOLN.
HON. ANDREW JOHNSON.
MY DEAR SIR:—All Tennessee is now clear of armed insurrectionists. You need not to be reminded that it is the nick of time for reinaugurating a loyal State government. Not a moment should be lost. You and the co-operating friends there can better judge of the ways and means than can be judged by any here. I only offer a few suggestions. The reinauguration must not be such as to give control of the State and its representation in Congress to the enemies of the Union, driving its friends there into political exile. The whole struggle for Tennessee will have been profitless to both State and nation if it so ends that Governor Johnson is put down and Governor Harris put up. It must not be so. You must have it otherwise. Let the reconstruction be the work of such men only as can be trusted for the Union. Exclude all others, and trust that your government so organized will be recognized here as being the one of republican form to be guaranteed to the State, and to be protected against invasion and domestic violence. It is something on the question of time to remember that it cannot be known who is next to occupy the position I now hold, nor what he will do. I see that you have declared in favor of emancipation in Tennessee, for which may God bless you. Get emancipation into your new State government constitution and there will be no such word as fail for your cause. The raising of colored troops, I think, will greatly help every way.
Yours very truly,
A. LINCOLN.
MAJOR-GENERAL BURNSIDE, Cumberland Gap:
Yours received. A thousand thanks for the late successes you have given us. We cannot allow you to resign until things shall be a little more settled in East Tennessee. If then, purely on your own account, you wish to resign, we will not further refuse you.
A. LINCOLN
MAJOR-GENERAL MEADE, Warrenton, Va.:
It is represented to me that Thomas Edds, in your army, is under sentence of death for desertion, to be executed next Monday. It is also said his supposed desertion is comprised in an absence commencing with his falling behind last winter, being captured and paroled by the enemy, and then going home. If this be near the truth, please suspend the execution till further order and send in the record of the trial.
A. LINCOLN
MAJOR-GENERAL MEAD, Warrenton, Va.:
The name is "Thomas Edds" not "Eddies" as in your despatch. The papers left with me do not designate the regiment to which he belongs. The man who gave me the papers, I do not know how to find again. He only told me that Edds is in the Army of the Potomac, and that he fell out of the ranks during Burnside's mud march last winter. If I get further information I will telegraph again.
A. LINCOLN
Dr. WILLIAM H. H. SCOTT, Danville, Ill.:
Your niece, Mrs. Kate Sharp, can now have no difficulty in going to Knoxville, Tenn., as that place is within our military lines.
A. LINCOLN.
J. G. BLAINE, Augusta, Me.: Thanks both for the good news you send and for the sending of it.
A. LINCOLN.
A Proclamation.
Whereas the Constitution of the United States has ordained that the privilege of the writ of habeas corpus shall not be suspended unless when, in cases of rebellion or invasion, the public safety may require it; and:
Whereas a rebellion was existing on the third day of March, 1863, which rebellion is still existing; and:
Whereas by a statute which was approved on that day it was enacted by the Senate and House of Representatives of the United States in Congress assembled that during the present insurrection the President of the United States, whenever in his judgment the public safety may require, is authorized to suspend the privilege of the writ of habeas corpus in any case throughout the United States or any part thereof; and:
Whereas, in the judgment of the President, the public safety does require that the privilege of the said writ shall new be suspended throughout the United States in the cases where, by the authority of the President of the United States, military, naval, and civil officers of the United States, or any of them, hold persons under their command or in their custody, either as prisoners of war, spies, or aiders or abettors of the enemy, or officers, soldiers, or seamen enrolled or drafted or mustered or enlisted in or belonging to the land or naval forces of the United States, or as deserters therefrom, or otherwise amenable to military law or the rules and articles of war or the rules or regulations prescribed for the military or naval services by authority of the President of the United States, or for resisting a draft, or for any other offense against the military or naval service.
Now, therefore, I, Abraham Lincoln, President of the United States, do hereby proclaim and make known to all whom it may concern that the privilege of the writ of habeas corpus is suspended throughout the United States in the several cases before mentioned, and that this suspension will continue throughout the duration of the said rebellion or until this proclamation shall, by a subsequent one to be issued by the President of the United States, be modified or revoked. And I do hereby require all magistrates, attorneys, and other civil officers within the United States and all officers and others in the military and naval services of the United States to take distinct notice of this suspension and to give it full effect, and all citizens of the United States to conduct and govern themselves accordingly and in conformity with the Constitution of the United States and the laws of Congress in such case made and provided.
In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed, this fifteenth day of September, A.D. 1863, and of the independence of the United States of America the eighty-eighth.
A. LINCOLN.