DEAR SIR:—Since conversing with you I have concluded to request you to frame an order for recruiting North Carolinians at Fort Hatteras. I suggest it to be so framed as for us to accept a smaller force—even a company—if we cannot get a regiment or more. What is necessary to now say about officers you will judge. Governor Seward says he has a nephew (Clarence A. Seward, I believe) who would be willing to go and play colonel and assist in raising the force. Still it is to be considered whether the North Carolinians will not prefer officers of their own. I should expect they would.
Yours very truly,
A. LINCOLN.
HON. SECRETARY OF WAR. MY DEAR SIR:—To guard against misunderstanding, I think fit to say that the joint expedition of the army and navy agreed upon some time since, and in which General T. W. Sherman was and is to bear a conspicuous part, is in no wise to be abandoned, but must be ready to move by the 1st of, or very early in, October. Let all preparations go forward accordingly.
Yours truly,
A. LINCOLN.
MAJOR-GENERAL FREMONT:
Governor Morton telegraphs as follows: "Colonel Lane, just arrived by special train, represents Owensborough, forty miles above Evansville, in possession of secessionists. Green River is navigable. Owensborough must be seized. We want a gunboat sent up from Paducah for that purpose." Send up the gunboat if, in your discretion, you think it right. Perhaps you had better order those in charge of the Ohio River to guard it vigilantly at all points.
A. LINCOLN.
EXECUTIVE MANSION, WASHINGTON SEPTEMBER 22, 1861 HON. O. H. BROWNING.
MY DEAR SIR:—Yours of the 17th is just received; and coming from you, I confess it astonishes me. That you should object to my adhering to a law which you had assisted in making and presenting to me less than a month before is odd enough. But this is a very small part. General Fremont's proclamation as to confiscation of property and the liberation of slaves is purely political and not within the range of military law or necessity. If a commanding general finds a necessity to seize the farm of a private owner for a pasture, an encampment, or a fortification, he has the right to do so, and to so hold it as long as the necessity lasts; and this is within military law, because within military necessity. But to say the farm shall no longer belong to the owner, or his heirs forever, and this as well when the farm is not needed for military purposes as when it is, is purely political, without the savor of military law about it. And the same is true of slaves. If the general needs them, he can seize them and use them; but when the need is past, it is not for him to fix their permanent future condition. That must be settled according to laws made by law-makers, and not by military proclamations. The proclamation in the point in question is simply "dictatorship." It assumes that the general may do anything he pleases confiscate the lands and free the slaves of loyal people, as well as of disloyal ones. And going the whole figure, I have no doubt, would be more popular with some thoughtless people than that which has been done, But I cannot assume this reckless position, nor allow others to assume it on my responsibility.
You speak of it as being the only means of saving the government. On the contrary, it is itself the surrender of the government. Can it be pretended that it is any longer the Government of the United States—any government of constitution and laws wherein a general or a president may make permanent rules of property by proclamation? I do not say Congress might not with propriety pass a law on the point, just such as General Fremont proclaimed.
I do not say I might not, as a member of Congress, vote for it. What I object to is, that I, as President, shall expressly or impliedly seize and exercise the permanent legislative functions of the government.
So much as to principle. Now as to policy. No doubt the thing was popular in some quarters, and would have been more so if it had been a general declaration of emancipation. The Kentucky Legislature would not budge till that proclamation was modified; and General Anderson telegraphed me that on the news of General Fremont having actually issued deeds of manumission, a whole company of our volunteers threw down their arms and disbanded. I was so assured as to think it probable that the very arms we had furnished Kentucky would be turned against us. I think to lose Kentucky is nearly the same as to lose the whole game. Kentucky gone, we cannot hold Missouri, nor, as I think, Maryland. These all against us, and the job on our hands is too large for us. We would as well consent to separation at once, including the surrender of this Capital. On the contrary, if you will give up your restlessness for new positions, and back me manfully on the grounds upon which you and other kind friends gave me the election and have approved in my public documents, we shall go through triumphantly. You must not understand I took my course on the proclamation because of Kentucky. I took the same ground in a private letter to General Fremont before I heard from Kentucky.
You think I am inconsistent because I did not also forbid General Fremont to shoot men under the proclamation. I understand that part to be within military law, but I also think, and so privately wrote General Fremont, that it is impolitic in this, that our adversaries have the power, and will certainly exercise it, to shoot as many of our men as we shoot of theirs. I did not say this in the public letter, because it is a subject I prefer not to discuss in the hearing of our enemies.
There has been no thought of removing General Fremont on any ground connected with his proclamation, and if there has been any wish for his removal on any ground, our mutual friend Sam. Glover can probably tell you what it was. I hope no real necessity for it exists on any ground.
Your friend, as ever,
A. LINCOLN.
On or about the 5th of October (the exact date to be determined hereafter) I wish a movement made to seize and hold a point on the railroad connecting Virginia and Tennessee near the mountain-pass called Cumberland Gap. That point is now guarded against us by Zollicoffer, with 6000 or 8000 rebels at Barboursville Ky.,—say twenty-five miles from the Gap, toward Lexington. We have a force of 5000 or 6000 under General Thomas, at Camp Dick Robinson, about twenty-five miles from Lexington and seventy-five from Zollicoffer's camp, On the road between the two. There is not a railroad anywhere between Lexington and the point to be seized, and along the whole length of which the Union sentiment among the people largely predominates. We have military possession of the railroad from Cincinnati to Lexington, and from Louisville to Lexington, and some home guards, under General Crittenden, are on the latter line. We have possession of the railroad from Louisville to Nashville, Tenn., so far as Muldraugh's Hill, about forty miles, and the rebels have possession of that road all south of there. At the Hill we have a force of 8000, under General Sherman, and about an equal force of rebels is a very short distance south, under General Buckner.
We have a large force at Paducah, and a smaller at Port Holt, both on the Kentucky side, with some at Bird's Point, Cairo, Mound City, Evansville, and New Albany, all on the other side, and all which, with the gunboats on the river, are perhaps sufficient to guard the Ohio from Louisville to its mouth.
About supplies of troops, my general idea is that all from Wisconsin, Minnesota, Iowa, Illinois, Missouri, and Kansas, not now elsewhere, be left to Fremont. All from Indiana and Michigan, not now elsewhere, be sent to Anderson at Louisville. All from Ohio needed in western Virginia be sent there, and any remainder be sent to Mitchell at Cincinnati, for Anderson. All east of the mountains be appropriated to McClellan and to the coast.
As to movements, my idea is that the one for the coast and that on Cumberland Gap be simultaneous, and that in the meantime preparation, vigilant watching, and the defensive only be acted upon; this, however, not to apply to Fremont's operations in northern and middle Missouri. That before these movements Thomas and Sherman shall respectively watch but not attack Zollicoffer and Buckner. That when the coast and Gap movements shall be ready Sherman is merely to stand fast, while all at Cincinnati and all at Louisville, with all on the line, concentrate rapidly at Lexington, and thence to Thomas's camp, joining him, and the whole thence upon the Gap. It is for the military men to decide whether they can find a pass through the mountains at or near the Gap which cannot be defended by the enemy with a greatly inferior force, and what is to be done in regard to this.
The coast and Gap movements made, Generals McClellan and Fremont, in their respective departments, will avail themselves of any advantages the diversions may present.
[He was entirely unable to get this started, Sherman would have taken an active part if given him, the others were too busy getting lines of communication guarded—and discovering many "critical" supply items that had not been sent them. Also the commanding general did not like it. D.W.]
HONORABLE SECRETARY OF STATE.
DEAR SIR:—Please see Mr. Walker, well vouched as a Union man and son-in-law of Governor Morehead, and pleading for his release. I understand the Kentucky arrests were not made by special direction from here, and I am willing if you are that any of the parties may be released when James Guthrie and James Speed think they should be.
Yours truly,
A. LINCOLN.
GREAT AND GOOD FRIEND:—I have received from Mr. Thayer, Consul-General of the United States at Alexandria, a full account of the liberal, enlightened, and energetic proceedings which, on his complaint, you have adopted in bringing to speedy and condign punishment the parties, subjects of your Highness in Upper Egypt, who were concerned in an act of criminal persecution against Faris, an agent of certain Christian missionaries in Upper Egypt. I pray your Highness to be assured that these proceedings, at once so prompt and so just, will be regarded as a new and unmistakable proof equally of your Highness's friendship for the United States and of the firmness, integrity and wisdom, with which the government of your Highness is conducted. Wishing you great prosperity and success, I am your friend,
A. LINCOLN.
HIS HIGHNESS MOHAMMED SAID PACHA, Viceroy of Egypt and its Dependencies, etc.
By the President: WILLIAM H. SEWARD, Secretary of State.
LIEUTENANT-GENERAL WINFIELD SCOTT:
The military line of the United States for the suppression of the insurrection may be extended so far as Bangor, in Maine. You and any officer acting under your authority are hereby authorized to suspend the writ of habeas corpus in any place between that place and the city of Washington.
A. LINCOLN.
By the President: WILLIAM H. SEWARD, Secretary of State.
HON. SEC. OF INTERIOR.
DEAR SIR:—How is this? I supposed I was appointing for register of wills a citizen of this District. Now the commission comes to me "Moses Kelly, of New Hampshire." I do not like this.
Yours truly,
A. LINCOLN.
EXECUTIVE MANSION, October 17, 1861
MAJOR RAMSEY.
MY DEAR SIR:—The lady bearer of this says she has two sons who want to work. Set them at it if possible. Wanting to work is so rare a want that it should be encouraged.
Yours truly,
A. LINCOLN.
GENERAL THOMAS SHERMAN, Annapolis, Md.:
Your despatch of yesterday received and shown to General McClellan. I have promised him not to direct his army here without his consent. I do not think I shall come to Annapolis.
A. LINCOLN.
BRIGADIER-GENERAL S. R. CURTIS.
MY DEAR SIR:—Herewith is a document—half letter, half order—which, wishing you to see, but not to make public, I send unsealed. Please read it and then inclose it to the officer who may be in command of the Department of the West at the time it reaches him. I cannot now know whether Fremont or Hunter will then be in command.
Yours truly,
A. LINCOLN.
DEAR SIR:—On receipt of this, with the accompanying inclosures, you will take safe, certain, and suitable measures to have the inclosure addressed to Major-General Fremont delivered to him with all reasonable despatch, subject to these conditions only: that if, when General Fremont shall be reached by the messenger—yourself or any one sent by you—he shall then have, in personal command, fought and won a battle, or shall then be actually in a battle, or shall then be in the immediate presence of the enemy in expectation of a battle, it is not to be delivered, but held for further orders. After, and not till after, the delivery to General Fremont, let the inclosure addressed to General Hunter be delivered to him.
Your obedient servant,
A. LINCOLN.
(General Orders No. 18.) HEADQUARTERS OF THE ARMY,
WASHINGTON, October 24, 1861
Major-General Fremont, of the United States Army, the present commander of the Western Department of the same, will, on the receipt of this order, call Major-General Hunter, of the United States Volunteers, to relieve him temporarily in that command, when he (Major-General Fremont) will report to general headquarters by letter for further orders.
WINFIELD SCOTT. By command: E. D. TOWNSEND, Assistant Adjutant-General.
SIR:—The command of the Department of the West having devolved upon you, I propose to offer you a few suggestions. Knowing how hazardous it is to bind down a distant commander in the field to specific lines and operations, as so much always depends on a knowledge of localities and passing events, it is intended, therefore, to leave a considerable margin for the exercise of your judgment and discretion.
The main rebel army (Price's) west of the Mississippi is believed to have passed Dade County in full retreat upon northwestern Arkansas, leaving Missouri almost freed from the enemy, excepting in the southeast of the State. Assuming this basis of fact, it seems desirable, as you are not likely to overtake Price, and are in danger of making too long a line from your own base of supplies and reinforcements, that you should give up the pursuit, halt your main army, divide it into two corps of observation, one occupying Sedalia and the other Rolla, the present termini of railroads; then recruit the condition of both corps by re-establishing and improving their discipline and instructions, perfecting their clothing and equipments, and providing less uncomfortable quarters. Of course, both railroads must be guarded and kept open, judiciously employing just so much force as is necessary for this. From these two points, Sedalia and Rolla, and especially in judicious cooperation with Lane on the Kansas border, it would be so easy to concentrate and repel any army of the enemy returning on Missouri from the southwest, that it is not probable any such attempt will be made before or during the approaching cold weather. Before spring the people of Missouri will probably be in no favorable mood to renew for next year the troubles which have so much afflicted and impoverished them during this. If you adopt this line of policy, and if, as I anticipate, you will see no enemy in great force approaching, you will have a surplus of force which you can withdraw from these points and direct to others as may be needed, the railroads furnishing ready means of reinforcing these main points if occasion requires. Doubtless local uprisings will for a time continue to occur, but these can be met by detachments and local forces of our own, and will ere long tire out of themselves.
While, as stated in the beginning of the letter, a large discretion must be and is left with yourself, I feel sure that an indefinite pursuit of Price or an attempt by this long and circuitous route to reach Memphis will be exhaustive beyond endurance, and will end in the loss of the whole force engaged in it.
Your obedient servant,
A. LINCOLN.
WAR DEPARTMENT, ADJUTANT-GENERAL'S OFFICE
WASHINGTON, November 1, 1861
The following order from the President of the United States, announcing the retirement from active command of the honored veteran Lieutenant general Winfield Scott, will be read by the army with profound regret:
On the 1st day of November, A.D. 1861, upon his own application to the President of the United States, Brevet Lieutenant-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 a 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 parricidal rebellion.
A. LINCOLN
The President is pleased to direct that Major general George B. McClellan assume the command of the army of the United States. The headquarters of the army will be established in the city of Washington. All communications intended for the commanding general will hereafter be addressed direct to the adjutant-general. The duplicate returns, orders, and other papers heretofore sent to the assistant adjutant-general, headquarters of the army, will be discontinued.
By order of the Secretary of War: L. THOMAS, Adjutant General.
November 5, 1861.
The Governor of the State of Missouri, acting under the direction of the convention of that State, proposes to the Government of the United States that he will raise a military force to serve within the State as State militia during the war there, to cooperate with the troops in the service of the United States in repelling the invasion of the State and suppressing rebellion therein; the said State militia to be embodied and to be held in the camp and in the field, drilled, disciplined, and governed according to the Army Regulations and subject to the Articles of War; the said State militia not to be ordered out of the State except for the immediate defense of the State of Missouri, but to co-operate with the troops in the service of the United States in military operations within the State or necessary to its defense, and when officers of the State militia act with officers in the service of the United States of the same grade the officers of the United States service shall command the combined force; the State militia to be armed, equipped, clothed, subsisted, transported, and paid by the United States during such time as they shall be actually engaged as an embodied military force in service in accordance with regulations of the United States Army or general orders as issued from time to time.
In order that the Treasury of the United States may not be burdened with the pay of unnecessary officers, the governor proposes that, although the State law requires him to appoint upon the general staff an adjutant-general, a commissary-general, an inspector-general, a quartermaster-general, a paymaster-general, and a surgeon-general, each with the rank of colonel of cavalry, yet he proposes that the Government of the United States pay only the adjutant-general, the quartermaster-general, and inspector-general, their services being necessary in the relations which would exist between the State militia and the United States. The governor further proposes that while he is allowed by the State law to appoint aides-de-camp to the governor at his discretion, with the rank of colonel, three only shall be reported to the United States for payment. He also proposes that the State militia shall be commanded by a single major-general and by such number of brigadier-generals as shall allow one for a brigade of not less than four regiments, and that no greater number of staff officers shall be appointed for regimental, brigade, and division duties than as provided for in the act of Congress of the 22d July, 1861; and that, whatever be the rank of such officers as fixed by the law of the State, the compensation that they shall receive from the United States shall only be that which belongs to the rank given by said act of Congress to officers in the United States service performing the same duties.
The field officers of a regiment in the State militia are one colonel, one lieutenant-colonel, and one major, and the company officers are a captain, a first lieutenant, and a second lieutenant. The governor proposes that, as the money to be disbursed is the money of the United States, such staff officers in the service of the United States as may be necessary to act as disbursing officers for the State militia shall be assigned by the War Department for that duty; or, if such cannot be spared from their present duty, he will appoint such persons disbursing officers for the State militia as the President of the United States may designate. Such regulations as may be required, in the judgment of the President, to insure regularity of returns and to protect the United States from any fraudulent practices shall be observed and obeyed by all in office in the State militia.
The above propositions are accepted on the part of the United States, and the Secretary of War is directed to make the necessary orders upon the Ordnance, Quartermaster's, Commissary, Pay, and Medical departments to carry this agreement into effect. He will cause the necessary staff officers in the United States service to be detailed for duty in connection with the Missouri State militia, and will order them to make the necessary provision in their respective offices for fulfilling this agreement. All requisitions upon the different officers of the United States under this agreement to be made in substance in the same mode for the Missouri State militia as similar requisitions are made for troops in the service of the United States; and the Secretary of War will cause any additional regulations that may be necessary to insure regularity and economy in carrying this agreement into effect to be adopted and communicated to the Governor of Missouri for the government of the Missouri State militia.
[Indorsement.]
November 6, 1861.
This plan approved, with the modification that the governor stipulates that when he commissions a major-general of militia it shall be the same person at the time in command of the United States Department of the West; and in case the United States shall change such commander of the department, he (the governor) will revoke the State commission given to the person relieved and give one to the person substituted to the United States command of said department.
A. LINCOLN.
SIR:—I receive with great pleasure a Minister from Sweden. That pleasure is enhanced by the information which preceded your arrival here, that his Majesty, your sovereign, had selected you to fill the mission upon the grounds of your derivation from an ancestral stock identified with the most glorious era of your country's noble history, and your own eminent social and political standing in Sweden. This country, sir, maintains, and means to maintain, the rights of human nature, and the capacity of men for self-government. The history of Sweden proves that this is the faith of the people of Sweden, and we know that it is the faith and practice of their respected sovereign. Rest assured, therefore, that we shall be found always just and paternal in our transactions with your government, and that nothing will be omitted on my part to make your residence in this capital agreeable to yourself and satisfactory to your government.
GENERAL McCLELLAN,
For the President of the United States.
No written authority is found here to declare and enforce martial law in this department. Please send me such written authority and telegraph me that it has been sent by mail.
H. W. HALLECK, Major-General.
[Indorsement.] November 21, 1861.
If General McClellan and General Halleck deem it necessary to declare and maintain martial law in Saint Louis, the same is hereby authorized.
A. LINCOLN.
WASHINGTON, November 21, 1861
DEAR GOVERNOR:—I have thought over the interview which Mr. Gilmore has had with Mr. Greeley, and the proposal that Greeley has made to Gilmore, namely, that he [Gilmore] shall communicate to him [Greeley] all that he learns from you of the inner workings of the administration, in return for his [Greeley's] giving such aid as he can to the new magazine, and allowing you [Walker] from time to time the use of his [Greeley's] columns when it is desirable to feel of, or forestall, public opinion on important subjects. The arrangement meets my unqualified approval, and I shall further it to the extent of my ability, by opening to you—as I do now—fully the policy of the Government,—its present views and future intentions when formed, giving you permission to communicate them to Gilmore for Greeley; and in case you go to Europe I will give these things direct to Gilmore. But all this must be on the express and explicit understanding that the fact of these communications coming from me shall be absolutely confidential,—not to be disclosed by Greeley to his nearest friend, or any of his subordinates. He will be, in effect, my mouthpiece, but I must not be known to be the speaker.
I need not tell you that I have the highest confidence in Mr. Greeley. He is a great power. Having him firmly behind me will be as helpful to me as an army of one hundred thousand men.
This was to be most severely regretted, when Greeley became a traitor to the cause, editorialized for compromise and separation—and promoted McClellan as Democratic candidate for the Presidency.
That he has ever kicked the traces has been owing to his not being fully informed. Tell Gilmore to say to him that, if he ever objects to my policy, I shall be glad to have him state to me his views frankly and fully. I shall adopt his if I can. If I cannot, I will at least tell him why. He and I should stand together, and let no minor differences come between us; for we both seek one end, which is the saving of our country. Now, Governor, this is a longer letter than I have written in a month,—longer than I would have written for any other man than Horace Greeley.
Your friend, truly,
A. LINCOLN.
P. S.—The sooner Gilmore sees Greeley the better, as you may before long think it wise to ventilate our policy on the Trent affair.
MAJOR-GENERAL H. W. HALLECK, Commanding in the Department of Missouri.
GENERAL:—As an insurrection exists in the United States, and is in arms in the State of Missouri, you are hereby authorized and empowered to suspend the writ of habeas corpus within the limits of the military division under your command, and to exercise martial law as you find it necessary in your discretion to secure the public safety and the authority of the United States.
In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed at Washington, this second day of December, A.D. 1861.
A. LINCOLN.
By the President: WILLIAM H. SEWARD, Secretary of State.
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 exigencies 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 to resist 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 object 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 American people. 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 defenses on every side. While under this general recommendation provision for defending our seacoast 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 defense 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 rail-road. I therefore recommend, as a military measure, that Congress provide for the construction of such rail-road as speedily as possible. Kentucky will no doubt 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 co-operating, the work can be completed in a very short time, and when done it will be not only of vast present usefulness but also a valuable 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 melioration 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 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, or 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. His 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 Haiti 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 $86,835,900.27, and the expenditures for the same period, including payments on account of the public debt, were $84,578,834.47, leaving a balance in the treasury on the 1st of July of $2,257,065.80. 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 $102,532,509.27, and the expenses $98,239733.09, leaving a balance on the 1st of October, 1861, of $4,292,776.18.
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 larger than 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 north-ward, 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 1,470,018 in 1830 to 6,151,405 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 5000 acts and joint resolutions, which fill more than 6000 closely printed pages and are scattered through many volumes. Many of these acts have been drawn in haste 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 fullness 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 rewritten 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 of 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 the 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 or 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 $200,000,000, due in large part from insurgents 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 maybe 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 reestablished 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 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 30, 1861, including the annual permanent appropriation of $700,000 for the transportation of "free mail matter," was $9,049,296.40, being about 2 per cent. less than the revenue for 1860.
The expenditures were $13,606,759.11, showing a decrease of more than 8 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 $4,557,462.71.
The gross revenue for the year ending June 30, 1863, is estimated at an increase of 4 per cent. on that of 1861, making $8,683,000, to which should be added the earnings of the department in carrying free matter, viz., $700,000, making $9,383,000.
The total expenditures for 1863 are estimated at $12,528,000, leaving an estimated deficiency of $3,145,000 to be supplied from the treasury in addition to the permanent appropriation.
The present insurrection shows, I think, that the extension of 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 $200,000. The sales have been entirely suspended in the Southern States, while the interruptions to the business of the country and the diversion of large numbers of men from labor to military service have obstructed settlements in the new States and Territories of the Northwest.
The receipts of the Patent Office have declined in nine months about $100,000.00 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 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 not to have demanded and extorted more from the government, I respectfully ask Congress to consider whether something more cannot 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 the African 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 offense 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 defense 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 proper representation of the industrial interests of the United States at the exhibition of the industry of all nations to be holden at 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 practised the acquisition of territory for nearly sixty years, 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 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 determine that 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 topics 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 to seem against 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, have now 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 us. After a somewhat bloody struggle of months, winter closes on the Union people of western Virginia, leaving them masters of their own country.