The National Government has in these twenty years proved its strength in war, its conservatism in peace. The self-restraint which the citizens of the Republic exhibited in the hour of need, the great burdens which they bore under the inspiration of patriotic duty, the public order which they maintained by their instinctive obedience to the command of law, all attest the good government of a self-governing people. Full liberty to criticise the acts of persons in official station, free agitation of all political questions, frequent elections that give opportunity for prompt settlement of all issues, tend to insure popular content and public safety. No Government of modern times has encountered the dangers that beset the United States, or achieved the triumphs wherewith the Nation is crowned.
The assassination of two Presidents, one inaugurated at the beginning, the other at the close of this period, while a cause of profound National grief, reflects no dishonor upon popular government. The murder of Lincoln was the maddened and aimless blow of an expiring rebellion. The murder of Garfield was the fatuous impulse of a debauched conscience if not a disordered brain. Neither crime had its origin in the political institutions or its growth in the social organization of the country. Both crimes received the execration of all parties and all sections. In the universal horror which they inspired, in the majestic supremacy of law, which they failed to disturb, may be read the strongest proof of the stability of a Government which is founded upon the rights, fortified by the intelligence, inwrought with the virtues of the people. For as it was said of old, wisdom and knowledge shall be stability, and the work of righteousness shall be peace!
Hon. Galusha A. Grow, who filled the important post of Chairman of the Committee on Territories in the Thirty-sixth Congress, criticises the statements made on pages 269-272 of Volume I. The anomaly was there pointed out that the men who had been most active in condemning Mr. Webster for consenting to the organization of the Territories of New Mexico and Utah in 1850 without a prohibition of slavery, consented in 1861 to the organization of the Territories of Colorado, Dakota, and Nevada without a prohibition. Mr. Grow as a zealous anti-slavery man writes in defense of the course adopted in 1861. The wisdom of the course was not criticised. Its consistency only was challenged. After giving a history of the various steps in organizing the three Territories in 1861, and of the great need, by reason of the pressure of thousands of emigrants, of providing a government therefor, and the impracticability of passing a Territorial bill with an anti-slavery proviso, Mr. Grow, in a letter to the author, says,—
"The Republican party, about to be entrusted for the first time with the administration of the Government, must show, in addition to sound principles, that it possessed sufficient practical statesmanship to solve wisely any question relative to the development of the material resources of the country, or it would prove itself incompetent to the trust imposed by the people.
"There was this difference in the condition of the public affairs, then, from what it was when Mr. Webster made his celebrated speech of March 7th. The great battle between Freedom and Slavery for supremacy in the Territories had been fought and won in Kansas, and the people had elected a Chief Magistrate on Freedom's side, so that the influences of National Administration would no longer be wielded for the extension of human bondage. Besides, Kansas, a free State, and New Mexico, a Territory already organized, would lie between these new Territories and slave institutions, so that by no possibility could they in the ordinary course of events become slave States.
"On the 7th of March, 1850, when Mr. Webster from the Senate chamber appealed to the North to 'conquer its prejudices' and rely on the laws of God and Nature to prevent the extension of the institution of human bondage, the two great forces of Liberty and Slavery were in deadly and irrepressible conflict,—with all the powers of the Government on the side of Slavery. That struggle reached its last peaceable stage in the triumph of Freedom in Kansas and the election of Lincoln to the Presidency."
Mr. Grow mistakes the relative positions of the slavery question in 1850 and 1861. When Mr. Webster was willing to waive the anti-slavery clause in the bill organizing the Territories of New Mexico and Utah, all the Territories to the North were already protected from slavery by the general prohibition of the Missouri Compromise in 1820, and by the specific prohibition in the Oregon bill of 1848. To Mr. Webster's view, in 1850 Kansas was as secure against the introduction of slavery as it was to Mr. Grow's view in 1861 after Mr. Lincoln was chosen President and the Free State men had won their victory on the soil of the Territory. Mr. Webster saw before him therefore a long procession of States in the North-West whose free institutions were assured by the absolute inhibition of Slavery. He was in the midst of a heated and hated controversy over two Territories adapted only to mining and grazing and never likely to attract slave labor. Neither he nor any other person at that time imagined the possibility of repealing the Missouri Compromise; and therefore when all the territory north of 36° 30' was secured by a prohibition as absolute as Congress could make it, Mr. Webster did not consider it necessary to wage a bitter contest and possibly endanger the Union of the States merely to secure a prohibition of slavery in two Territories where he believed the institution could not go. Precisely in the same way Mr. Grow did not believe that slavery would go into Colorado, Dakota, and Nevada, and he was therefore willing to waive the anti-slavery clause rather than add to the danger of disunion by insisting on it.
The same motives that inspired Mr. Webster in 1850, inspired Mr. Seward, Mr. Wade, and Mr. Grow in 1861. It is seldom that history so exactly repeats itself; but the mention of the coincidence was not designed as a criticism, much less a condemnation of the course of the statesmen who wisely and bravely met their responsibilities in 1861. It was simply a protest against the injustice that had been visited upon Mr. Webster for a like patriotic course in 1850.
If the Southern agitators had resorted to secession and brought on civil war in 1850 the efforts of Mr. Webster to avert the calamity would have received unstinted praise from all classes in the North. If no secession had been attempted and no civil war had followed in 1861, and the South remaining in the Union had resumed the old course for the rights of Slavery in the Territories, Mr. Seward, Mr. Grow and their associates would have received unlimited censure as "dough faces" who had yielded to Southern threats and consented to organize three Territories without an anti-slavery proviso. In each instance the subsequent course of events determined the popularity of unpopularity of similar acts performed with similar motives,—acts altogether honorable, motives altogether patriotic in both cases.
The names of the distinguished counsel on both sides who appeared before the International Tribunal at Geneva in 1871, were accidentally omitted from the foot-note on page 408, Volume II. Sir Roundell Palmer, afterwards Lord Chancellor (known as Lord Selborne), was sole counsel for the British cause, but was assisted throughout the hearing by Professor Montague Bernard and by Mr. Cohen. The American counsel, as eminent as could be selected from the American bar, were William M. Evarts, Caleb Cushing, and Morrison R. Waite.
NOTE.—An error of statement occurs on page 72, Volume I., in regard to the action of the Whig caucus for Speaker in December, 1847. Mr. Winthrop was chosen after Mr. Vinton had declined, and was warmly supported by Mr. Vinton. The error came from an incorrect account of the caucus in a newspaper of that time.
The translation of the cipher telegrams sent and received by Democratic committees in the Presidential campaign of 1876, is credited on page 500, Volume II., to Mr. William M. Grosvenor. Equal credit should be given to Mr. J. R. G. Hassard. Both gentlemen belonged to the editorial staff of theNew-York Tribune. Their joint work cannot be too highly praised.
ERRATA.[Omitted: all from Vol. I]
Whereasno legal State government or adequate protection for life or property now exist in the rebel States of Virginia, North Carolina, South Carolina, Georgia, Mississippi, Alabama, Louisiana, Florida, Texas, and Arkansas; and whereas it is necessary that peace and good order should be enforced in said States until loyal and republican State governments can be legally established: Therefore
Be it enacted, &c.,That said rebel States shall be divided into military districts and made subject to the military authority of the United States, as hereinafter prescribed, and for that purpose Virginia shall constitute the first district; North Carolina and South Carolina the second district; Georgia, Alabama, and Florida the third district; Mississippi and Arkansas the fourth district; and Texas the fifth district.
SEC. 2. That it shall be the duty of the President to assign to the command of each of said districts an officer of the army, not below the rank of brigadier-general, and to detail a sufficient military force to enable such officer to perform his duties and enforce his authority within the district to which he is assigned.
SEC. 3. That it shall be the duty of each officer assigned as aforesaid to protect all persons in their rights of person and property, to suppress insurrection, disorder, and violence, and to punish, or cause to be punished, all disturbers of the public peace and criminals, and to this end he may allow local civil tribunals to take jurisdiction of and to try offenders, or, when in his judgment it may be necessary for the trial of offenders, he shall have power to organize military commissions or tribunals for that purpose; and all interference under color of State authority with the exercise of military authority under this act shall be null and void.
SEC. 4. That all persons put under military arrest by virtue of this act shall be tried without unnecessary delay, and no cruel or unusual punishment shall be inflicted; and no sentence of any military commission or tribunal hereby authorized, affecting the life or liberty of any person, shall be executed until it is approved by the officer in command of the district, and the laws and regulations for the government of the army shall not be affected by this act, except in so far as they conflict with its provisions:Provided, That no sentence of death under the provisions of this act shall be carried into effect without the approval of the President.
SEC. 5. That when the people of any one of said rebel States shall have formed a constitution of government in conformity with the Constitution of the United States in all respects, framed by a convention of delegates elected by the male citizens of said State twenty-one years old and upward, of whatever race, color, or previous condition, who have been resident in said State for one year previous to the day of such election, except such as may be disfranchised for participation in the rebellion, or for felony at common law, and when such constitution shall provide that the elective franchise shall be enjoyed by all such persons as have the qualifications herein stated for electors of delegates, and when such constitution shall be ratified by a majority of the persons voting on the question of ratification who are qualified as electors for delegates, and when such constitution shall have been submitted to Congress for examination and approval, and Congress shall have approved the same, and when said State, by a vote of its legislature elected under said constitution, shall have adopted the amendment to the Constitution of the United States, proposed by the Thirty-ninth Congress, and known as article fourteen, and when said article shall have become a part of the Constitution of the United States, said State shall be declared entitled to representation in Congress, and Senators and Representatives shall be admitted therefrom on their taking the oaths prescribed by law, and then and thereafter the preceding sections of this act shall be inoperative in said State:Provided, That no person excluded from the privilege of holding office by said proposed amendment to the Constitution of the United States shall be eligible to election as a member of the convention to frame a constitution for any of said rebel States, nor shall any such person vote for members of such convention.
SEC. 6. That until the people of said rebel States shall be by law admitted to representation in the Congress of the United States, any civil governments which may exist therein shall be deemed provisional only, and in all respects subject to the paramount authority of the United States at any time to abolish, modify, control, or supersede the same; and in all elections to any office under such provisional governments all persons shall be entitled to vote, and none others, who are entitled to vote under the provisions of the fifth section of this act; and no person shall be eligible to any office under any such provisional governments who would be disqualified from holding office under the provisions of the third article of said constitutional amendment.
Be it enacted, &c., That before the first day of September, eighteen hundred and sixty-seven, the commanding general in each district defined by an act entitled, "An act to provide for the more efficient government of the rebel States," passed March second, eighteen hundred and sixty-seven, shall cause a registration to be made of the male citizens of the United States, twenty-one years of age and upwards, resident in each county or parish in the State or States included in his district, which registration shall include only those persons who are qualified to vote for delegates by the act aforesaid, and who shall have taken and subscribed the following oath or affirmation: "I, ——, do solemnly swear, (or affirm,) in the presence of Almighty God, that I am a citizen of the State of ——; that I have resided in said State for —— months next preceding this day, and now reside in the county of ——, or the parish of ——, in said State, (as the case may be;) that I am twenty-one years old; that I have not been disfranchised for participation in any rebellion or civil war against the United States, nor for felony committed against the laws of any State or of the United States; that I have never been a member of any State legislature, nor held any executive or judicial office in any State and afterwards engaged in insurrection or rebellion against the United States, or given aid or comfort to the enemies thereof; that I have never taken an oath as a member of Congress of the United States, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, and afterwards engaged in insurrection or rebellion against the United States or given aid or comfort to the enemies thereof; that I will faithfully support the Constitution and obey the laws of the United States, and will, to the best of my ability, encourage others so to do, so help me God;" which oath or affirmation may be administered by any registering officer.
SEC. 2. That after the completion of the registration hereby provided for in any State, at such time and places therein as the commanding general shall appoint and direct, of which at least thirty days' public notice shall be given, an election shall be held of delegates to a convention for the purpose of establishing a constitution and civil government for such State loyal to the Union, said convention in each State, except Virginia, to consist of the same number of members as the most numerous branch of the State legislature of such State in the year eighteen hundred and sixty, to be apportioned among the several districts, counties, or parishes of such State by the commanding general, giving to each representation in the ratio of voters registered as aforesaid, as nearly as may be. The convention in Virginia shall consist of the same number of members as represented the territory now constituting Virginia in the most numerous branch of the legislature of said State in the year eighteen hundred and sixty, to be apportioned as aforesaid.
SEC. 3. That at said election the registered voters of each State shall vote for or against a convention to form a constitution therefor under this act. Those voting in favor of such a convention shall have written or printed on the ballots by which they vote for delegates, as aforesaid, the words "For a convention," and those voting against such a convention shall have written or printed on such ballots the words "Against a convention." The person appointed to superintend said election, and to make return of the votes given thereat, as herein provided, shall count and make return of the votes given for and against a convention; and the commanding general to whom the same shall have been returned shall ascertain and declare the total vote in each State for and against a convention. If a majority of the votes given on that question shall be for a convention, then such convention shall be held as hereinafter provided; but if a majority of said votes shall be against a convention, then no such convention shall be held under this act:Provided, That such convention shall not be held unless a majority of all such registered voters shall have voted on the question of holding such convention.
SEC. 4. That the commanding general of each district shall appoint as many boards of registration as may be necessary, consisting of three loyal officers or persons, to make and complete the registration, superintend the election, and make return to him of the votes, lists of voters, and of the persons elected as delegates by a plurality of the votes cast at said election; and upon receiving said returns he shall open the same, ascertain the persons elected as delegates according to the returns of the officers who conducted said election, and make proclamation thereof; and if a majority of the votes given on that question shall be for a convention, the commanding general, within sixty day from the date of election, shall notify the delegates to assemble in convention, at a time and place to be mentioned in the notification, and said convention, when organized, shall proceed to frame a constitution and civil government according to the provisions of this act and the act to which it is supplementary; and when the same shall have been so framed, said constitution shall be submitted by the commissioner for ratification to the persons registered under the provisions of this act at an election to be conducted by the officers or persons appointed or to be appointed by the commanding general, as hereinbefore provided, and to be held after the expiration of thirty days from the date of notice thereof, to be given by said convention; and the returns thereof shall be made to the commanding general of the district.
SEC. 5. That if, according to said returns, the constitution shall be ratified by a majority of the votes of the registered electors qualified as herein specified, cast at said election, (at least one half of all the registered voters voting upon the question of such ratification,) the president of the convention shall transmit a copy of the same, duly certified, to the President of the United States, who shall forthwith transmit the same to Congress, if then in session, and if not in session, then immediately upon its next assembling; and if it shall, moreover, appear to Congress that the election was one at which all the registered and qualified electors in the state had an opportunity to vote freely and without restraint, fear, or the influence of fraud, and if the Congress shall be satisfied that such constitution meets the approval of a majority of all the qualified electors in the State, and if the said constitution shall be declared by Congress to be in conformity with the provisions of the act to which this is supplementary, and the other provisions of said act shall have been complied with, and the said constitution shall be approved by Congress, the State shall be declared entitled to representation, and Senators and Representatives shall be admitted therefrom as therein provided.
SEC. 6. That all elections in the States mentioned in the said "Act to provide for the more efficient government of the rebel States," shall, during the operation of said act, be by ballot; and all officers making the said registration of voters and conducting said elections shall, before entering upon the discharge of their duties, take and subscribe the oath prescribed by the act approved July second, eighteen hundred and sixty-two, entitled "An act to prescribe an oath of office:"(1)Provided, That if any person shall knowingly and falsely take and subscribe any oath in this act prescribed, such person so offending and being thereof duly convicted, shall be subject to the pains, penalties, and disabilities which by law are provided for the punishment of the crime of wilful and corrupt perjury.
SEC. 7. That all expenses incurred by the several commanding generals, or by virtue of any orders issued, or appointments made, by them, under or by virtue of this act, shall be paid out of any moneys in the treasury not otherwise appropriated.
SEC. 8. That the convention for each State shall prescribe the fees, salary, and compensation to be paid to all delegates and other officers and agents herein authorized or necessary to carry into effect the purposes of this act not herein otherwise provided for, and shall provide for the levy and collection of such taxes on the property in such State as may be necessary to pay the same.
SEC. 9. That the word article, in the sixth section of the act to which this is supplementary, shall be construed to mean section.
Be it enacted, &c., That is hereby declared to have been the true intent and meaning of the act of the 2d day of March, 1867, entitled "An act to provide for the more efficient government of the rebel States," and of the act supplementary thereto, passed on the 23d day of March, 1867, that the governments then existing in the rebel States of Virginia, North Carolina, South Carolina, Georgia, Mississippi, Alabama, Louisiana, Florida, Texas, and Arkansas, were not legal State governments, and that thereafter said governments, if continued, were to be continued subject in all respects to the military commanders of the respective districts, and to the paramount authority of Congress.
SEC. 2. That the commander of any district named in said act shall have power, subject to the disapproval of the General of the army of the United States, and to have effect till disapproval, whenever in the opinion of such commander the proper administration of said act shall require it, to suspend or remove from office, or from the performance of official duties and the exercise of official powers, any officer of person holding or exercising, or professing to hold or exercise, any civil or military office of duty in such district under any power, election, appointment, or authority derived from, or granted by, or claimed under, any so-called State or the government thereof, or any municipal or other division thereof; and upon such suspension or removal such commander, subject to the disapproval of the General as aforesaid, shall have power to provide from time to time for the performance of the said duties of such officer or person so suspended or removed, by the detail of some competent officer or soldier of the army, or by the appointment of some other person to perform the same, and to fill vacancies occasioned by death, resignation, or otherwise.
SEC. 3. That the General of the army of the United States shall be invested with all the powers of suspension, removal, appointment, and detail granted in the preceding section to district commanders.
SEC. 4. That the acts of the officers of the army already done in removing in said districts persons exercising the functions of civil officers, and appointing others in their stead, are hereby confirmed:Provided, That any person heretofore or hereafter appointed by any district commander to exercise the functions of any civil office, may be removed either by the military officer in command of the district, or by the General of the army. And it shall be the duty of such commander to remove from office, as aforesaid, all persons who are disloyal to the Government of the United States, or who use their official influence in any manner to hinder, delay, prevent, or obstruct the due and proper administration of this act and the acts to which it is supplementary.
SEC. 5. That the boards of registration provided for in the act entitled "An act supplementary to an act entitled 'An act to provide for the more efficient government of the rebel States,' passed March 2, 1867, and to facilitate restoration," passed March 23, 1867, shall have power, and it shall be their duty, before allowing the registration of any person, to ascertain, upon such facts or information as they can obtain, whether such person is entitled to be registered under said act, and the oath required by said act shall not be conclusive on such question, and no person shall be registered unless such board shall decide that he is entitled thereto; and such board shall also have power to examine, under oath, (to be administered by any member of such board,) any one touching the qualification of any person claiming registration; but in every case of refusal by the board to register an applicant, and in every case of striking his name from the list as hereinafter provided, the board shall make a note or memorandum which shall be returned with the registration list to the commanding general of the district, setting forth the grounds of such refusal or such striking from the list:Provided, That no person shall be disqualified as member of any board of registration by reason of race or color.
SEC. 6. That the true intent and meaning of the oath prescribed in said supplementary act is, (among other things,) that no person who has been a member of the Legislature of any State, or who had held any executive or judicial office in any State, whether he has taken an oath to support the Constitution of the United States or not, and whether he was holding such office at the commencement of the rebellion, or had held it before, and who has afterwards engaged in insurrection or rebellion against the United States, or given aid or comfort to the enemies thereof, is entitled to be registered or to vote; and the words "executive or judicial office in any State" in said oath mentioned shall be construed to include all civil offices created by law for the administration of any general law of a State, or for the administration of justice.
SEC. 7. That the time of completing the original registration provided for in this act may, in the discretion of the commander of any district, be extended to the 1st day of October, 1867; and the boards of registration shall have power, and it shall be their duty, commencing fourteen days prior to any election under said act, and upon reasonable public notice of the time and place thereof, to revise, for a period of five days, the registration lists, and, upon being satisfied that any person not entitled thereto has been registered, to strike the name of such person from the list, and such person shall not be allowed to vote. And such board shall also, during the same period, add to such registry the names of all persons who at that time possess the qualifications required by the same act who have not been already registered; and no person shall, at any time, be entitled to be registered or to vote, by reason of any executive pardon or amnesty, for any act or thing which, without such pardon or amnesty, would disqualify him from registration or voting.
SEC. 8. That section four of said last-named act shall be construed to authorize the commanding general named therein, whenever he shall deem it needful, to remove any member of a board of registration and to appoint another in his stead, and to fill any vacancy in such board.
SEC. 9. That all members of said boards of registration, and all persons hereafter elected or appointed to office in said military districts, under any so-called State or municipal authority, or by detail or appointment of the district commanders, shall be required to take and to subscribe the oath of office prescribed by law for officers of the United States.
SEC. 10. That no district commander or member of the board of registration, or any of the officers or appointees acting under them, shall be bound in his action by any opinion of any civil officer of the United States.
SEC. 11. That all the provisions of this act and of the acts to which this is supplementary shall be construed liberally, to the end that all the intents thereof may be fully and perfectly carried out.
Be it enacted, &c., That hereafter any election authorized by the act passed March 23, 1867, entitled "An act supplementary to 'An act to provide for the more efficient government of the rebel States,' passed March 2, 1867, and to facilitate their restoration," shall be decided by a majority of the votes actually cast; and at the election in which the question of the adoption or rejection of any constitution is submitted, any person duly registered in the State may vote in the election district where he offers to vote when he has resided therein for ten days next preceding such election, upon presentation of his certificate of registration, his affidavit, or other satisfactory evidence, under such regulations as the district commanders may prescribe.
SEC. 2. That the constitutional convention of any of the States mentioned in the acts to which this is amendatory may provide that at the time of voting upon the ratification of the constitution, the registered voters may vote also for members of the House of Representatives of the United States, and for all elective officers provided for by the said constitution; and the same election officers, who shall make the return of the votes cast on the ratification or rejection of the constitution, shall enumerate and certify the votes cast for members of Congress.
[(1) This act is in these words:—
Be it enacted, &c., That hereafter every person elected or appointed to any office of honor or profit under the Government of the United States either in the civil, military, or naval departments of the public service, excepting the President of the United States, shall, before entering upon the duties of such office, and before being entitled to any of the salary or other emoluments thereof, take and subscribe the following oath or affirmation: "I, A. B., do solemnly swear (or affirm), that I have never voluntarily borne arms against the United States since I have been a citizen thereof; that I have voluntarily given no aid, countenance, counsel, or encouragement to persons engaged in armed hostility thereto; that I have never sought nor accepted nor attempted to exercise the functions of any office whatever, under any authority or pretended authority, in hostility to the United States; that I have not yielded a voluntary support to any pretended government, authority, power, or constitution within the United States, hostile or inimical thereto; and I do further swear (or affirm) that, to the best of my knowledge and ability, I will support and defend the Constitution of the United States, against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office on which I am about to enter; so help me God;" which said oath, so taken and signed, shall be preserved among the files of the Court, House of Congress, or Department to which the said office may appertain. And any person who shall falsely take the said oath shall be guilty of perjury, and on conviction, in addition to the penalties now prescribed for that offense, shall be deprived of his office, and rendered incapable forever after, of holding any office or place under the United States.]
Be it enacted by the Senate and House of Representatives of the United States of American in Congress assembled,That every person holding any civil office to which he has been appointed by and with the advice and consent of the Senate, and every person who shall hereafter be appointed to any such office, and shall become duly qualified to act therein, is, and shall be, entitled to hold such office until a successor shall have been in like manner appointed and duly qualified, except as herein otherwise provided:Provided, That the Secretaries of State, of the Treasury, of War, of the Navy, and of the Interior, the Postmaster General, and the Attorney General shall hold their offices respectively for and during the term of the President by whom they may have been appointed, and for one month thereafter, subject to removal by and with the advice and consent of the Senate.
SEC. 2. That when any officer appointed as aforesaid, excepting judges of the United States courts, shall, during the recess of the Senate, be shown, by evidence satisfactory to the President, to be guilty of misconduct in office, or crime, or for any reason shall become incapable or legally disqualified to perform its duties, in such case, and in no other, the President may suspend such officer, and designate some suitable person to perform temporarily the duties of such office until the next meeting of the Senate, and until the case shall be acted upon by the Senate; and such person, so designated, shall take the oaths and give the bonds required by law to be taken and given by the person duly appointed to fill such office; and in such case it shall be the duty of the President, within twenty days after the first day of such next meeting of the Senate, to report to the Senate such suspension, with the evidence and reasons for his action in the case and the name of the person so designated to perform the duties of such office. And if the Senate shall concur in such suspension, and advise and consent to the removal of such officer, they shall so certify to the President, who may thereupon remove such officer, and, by and with the advice and consent of the Senate, appoint another person to such office. But if the Senate shall refuse to concur in such suspension, such officer so suspended shall forthwith resume the functions of his office, and the powers of the person so performing its duties in his stead shall cease, and the official salary and emoluments of such officer shall, during such suspension, belong to the person so performing its duties thereof, and not to the officer so suspended:Provided, however,That the President, in case he shall become satisfied that such suspension was made on insufficient grounds, shall be authorized, at any time before reporting such suspension to the Senate as above provided, to revoke such suspension and reinstate such officer in the performance of the duties of his office.
SEC. 3. That the President shall have power to fill all vacancies which may happen during the recess of the Senate, by reason of death or resignation, by granting commissions which shall expire at the end of their next session thereafter. And if no appointment, by and with the advice and consent of the Senate, shall be made to such office so vacant or temporarily filled as aforesaid during such next session of the Senate, such office shall remain in abeyance without any salary, fees, or emoluments attached thereto, until the same shall be filled by appointment thereto, by and with the advice and consent of the Senate; and during such time all the powers and duties belonging to such office shall be exercised by such other officer as may by law exercise such powers and duties in case of a vacancy in such office.
SEC. 4. That nothing in this act contained shall be construed to extend the term of any office the duration of which is limited by law.
SEC. 5. That if any person shall, contrary to the provisions of this act, accept any appointment to or employment in any office, or shall hold or exercise, or attempt to hold or exercise, any such office or employment, he shall be deemed, and is hereby declared to be, guilty of a high misdemeanor, and, upon trial and conviction thereof, he shall be punished therefor by a fine not exceeding ten thousand dollars, or by imprisonment not exceeding five years, or both said punishments, in the discretion of the court.
SEC. 6. That every removal, appointment, or employment made, had, or exercised, contrary to the provisions of this act, and the making, signing, sealing, counter-signing, or issuing of any commission or letter of authority for or in respect to any such appointment or employment, shall be deemed, and are hereby declared to be, high misdemeanors, and, upon trial and conviction thereof, every person guilty thereof shall be punished by a fine not exceeding ten thousand dollars, or by imprisonment not exceeding five years, or both said punishments, in the discretion of the court:Provided, That the President shall have power to make out and deliver, after the adjournment of the Senate, commissions for all officers whose appointment shall have been advised and consented to by the Senate.
SEC. 7. That it shall be the duty of the Secretary of the Senate, at the close of each session thereof, to deliver to the Secretary of the Treasury, and to each of his assistants, and to each of the Auditors, and to each of the Comptrollers in the Treasury, and to the Treasurer, and to the Register of the Treasury, a full and complete list, duly certified, of all persons who shall have been nominated to and rejected by the Senate during such session, and a like list of all the offices to which nominations shall have been made and not confirmed and filled at such session.
SEC. 8. That whenever the President shall, without the advice and consent of the Senate, designate, authorize, or employ any person to perform the duties of any office, he shall forthwith notify the Secretary of the Treasury thereof, and it shall be the duty of the Secretary of the Treasury thereupon to communicate such notice to all the proper accounting and disbursing officers of the Government.
SEC. 9. That no money shall be paid or received from the Treasury, or paid or received out of any public moneys or funds of the United States, whether in the Treasury or not, to or by or for the benefit of any person appointed to or authorized to act in or holding or exercising the duties or functions of any office contrary to the provisions of this act; nor shall any claim, account, voucher, order, certificate, warrant, or other instrument providing for or relating to such payment, receipt, or retention, be presented, passed, allowed, approved, certified, or paid by any officer of the United States, or by any person exercising the functions or performing the duties of any office or place of trust under the United States, for or in respect such office, or the exercising or performing the functions or duties thereof; and every person who shall violate any of the provisions of this section shall be deemed guilty of a high misdemeanor, and, upon trail and conviction thereof, shall be punished therefor by a fine not exceeding ten thousand dollars, or by imprisonment not exceeding ten years, or both said punishments, in the discretion of the court.
Be it enacted by the Senate and House of Representatives of the United States of American in Congress assembled,That the first and second sections of an act entitled "An act regulating the tenure of certain civil offices," passed March 2, 1867, be, and the same are, hereby repealed, and in lieu of said repealed sections the following are hereby enacted:
That every person holding any civil office to which has been or hereafter may be appointed, by and with the advice and consent of the Senate, and who shall have become duly qualified to act therein, shall be entitled to hold such office during the term for which he shall have been appointed, unless sooner removed by and with the advice and consent of the Senate, or by the appointment, with the like advice and consent, of a successor in his place, except as herein otherwise provided.
SEC. 2.And be it further enacted,That during any recess of the Senate the President is hereby empowered, in his discretion, to suspend any civil officer appointed by and with the advice and consent of the Senate, except judges of the United States courts, until the end of the next session of the Senate, and to designate some suitable person, subject to be removed in his discretion by the designation of another, to perform the duties of such suspended officer in the meantime; and such person so designated shall take the oaths and give the bonds required by law to be taken and given by the suspended officer, and shall, during the time he performs his duties, be entitled to the salary and emoluments of such office, no part of which shall belong to the officer suspended; and it shall be the duty of the President within thirty days after the commencement of each session of the Senate, except for any office which in his opinion ought not to be filled, to nominate persons to fill all vacancies in office which existed at the meeting of the Senate, whether temporarily filled or not, and also in the place of all officers suspended; and if the Senate during such session shall refuse to advise and consent to an appointment in the place of any suspended officer, then, and not otherwise, the President shall nominate another person as soon as practicable to said session of the Senate for said office.
SEC. 3.And be it further enacted,That section three of the act to which this is an amendment be amended by inserting after the word "resignation," in line three of said section, the following: "or expiration of term of office."
That said Andrew Johnson, President of the United States, unmindful of the high duties of his office and of his oath of office, and in disregard of the Constitution and laws of the United States, did heretofore, to wit: on the 18th day of August, 1866, at the city of Washington, in the District of Columbia, by public speech, declare and affirm in substance that the Thirty-Ninth Congress of the United States was not a Congress of the United States authorized by the Constitution to exercise legislative power under the same; but, on the contrary, was a Congress of only part of the States, thereby denying and intending to deny that the legislation of said Congress was valid or obligatory upon him, the said Andrew Johnson, except in so far as he saw fit to approve the same, and also thereby denying and intending to deny the power of the said Thirty-Ninth Congress to propose amendments to the Constitution of the United States; and, in pursuance of said declaration, the said Andrew Johnson, President of the United States, afterward, to wit: on the 21st day of February, 1868, at the city of Washington, in the District of Columbia, did unlawfully and in disregard of the requirements of the Constitution, that he should take care that the laws be faithfully executed, attempt to prevent the execution of an act entitled, "An act regulating the tenure of certain civil offices," passed March 2,1867, by unlawfully devising and contriving, and attempting to devise and contrive, means by which he should prevent Edwin M. Stanton from forthwith resuming the functions of the office of Secretary for the Department of War, notwithstanding the refusal of the Senate to concur in the suspension therefore made by said Andrew Johnson of said Edwin M. Stanton from said office of Secretary for the Department of War, and also by further unlawfully devising and contriving, and attempting to devise and contrive, means then and there to prevent the execution of an act entitled "An act making appropriations for the support of the Army for the fiscal year ending June 30, 1868, and for other purposes," approved March 2, 1867, and also to prevent the execution of an act entitled "An act to provide for the more efficient government of the rebel States," passed March 2, 1867; whereby the said Andrew Johnson, President of the United States, did then, to wit: on the 21st day of February, 1868, at the city of Washington, commit and was guilty of a high misdemeanor in office.
And the House of Representatives, by protestation, saving to themselves the liberty of exhibiting at any time hereafter any further articles or other accusation or impeachment against the said Andrew Johnson, President of the United States, and also of replying to his answers which he shall make unto the articles herein preferred against him, and of offering proof to the same and every part thereof, and to all and every other article, accusation, or impeachment which shall be exhibited by them, as the case shall require, do demand that the said Andrew Johnson may be put to answer the high crimes and misdemeanors in office herein charged against him, and that such proceedings, examinations, trials, and judgments may be thereupon had and given as may be agreeable to law and justice.
That on said 21st day of February, in the year of our Lord 1868, at Washington, in the District of Columbia, said Andrew Johnson, President of the United States, unmindful of the high duties of his office, of his oath of office, and in violation of the Constitution of the United States, and contrary to the provisions of an act entitled "An act regulating the tenure of certain civil offices," passed March 2, 1867, without the advice and consent of the Senate of the United States, said Senate then and there being in session, and without authority of law, did, with intent to violate the Constitution of the United States and the act aforesaid, issue and deliver to one Lorenzo Thomas a letter of authority in substance as follows, that is to say:
EXECUTIVE MANSION, WASHINGTON, D. C.February21, 1868.
SIR: Hon. Edwin M. Stanton having this day been removed from office as Secretary for the Department of War, you are hereby authorized and empowered to act as Secretary of Warad interim, and will immediately enter upon the discharge of the duties pertaining to that office.
Mr. Stanton has been instructed to transfer to you all the records, books, papers, and other public property now in his custody and charge.
Respectfully yours,ANDREW JOHNSON.To Brevet Major-General LORENZO THOMAS,Adjutant General United StatesArmy, Washington, D. C.
then and there being no vacancy in said office of Secretary for the Department of War; whereby said Andrew Johnson, President of the United States, did then and there commit and was guilty of a high misdemeanor in office.
That said Andrew Johnson, President of the United States, on the 21st day of February, in the year of our Lord 1868, at Washington, in the District of Columbia, did commit and was guilty of a high misdemeanor in office, in this, that, without authority of law, while the Senate of the United States was then and there in session, he did appoint one Lorenzo Thomas to be Secretary for the Department of Warad interim, without the advice and consent of the Senate, and with intent to violate the Constitution of the United States, no vacancy having happened in said office of Secretary for the Department of War during the recess of the Senate, and no vacancy existing in said office at the time, and which said appointment, so made by said Andrew Johnson, of said Lorenzo Thomas, is in substance as follows, that is to say:
EXECUTIVE MANSION, WASHINGTON, D. C.February21, 1868.
SIR: Hon. Edwin M. Stanton having this day been removed from office as Secretary for the Department of War, you are hereby authorized and empowered to act as Secretary of Warad interim, and will immediately enter upon the discharge of the duties pertaining to that office.
Mr. Stanton has been instructed to transfer to you all the records, books, papers, and other public property now in his custody and charge.
Respectfully yours,ANDREW JOHNSON.To Brevet Major-General LORENZO THOMAS,Adjutant General United StatesArmy, Washington, D. C.
MAINE.—William Pitt Fessenden (1), Lot M. Morrill.NEW HAMPSHIRE.—Daniel Clark (2), Aaron H. Cragin.VERMONT.—Solomon Foot (3), Luke P. Poland.MASSACHUSETTS.—Charles Sumner, Henry Wilson.RHODE ISLAND.—Henry B. Anthony, William Sprague.CONNECTICUT.—James Dixon, Lafayette S. Foster.NEW YORK.—Ira Harris, Edwin D. Morgan.NEW JERSEY.—William Wright(4),John B. Stockton(5).PENNSYLVANIA.—Charles R. Buckalew, EDGAR COWAN.DELAWARE.—George Reed Riddle, Willard Saulsbury.MARYLAND.—John A. J. Creswell,Reverdy Johnson.OHIO.—John Sherman, Benjamin F. Wade.KENTUCKY.—James Guthrie, Garrett Davis.INDIANA.—Henry S. Lane,Thomas A. Hendricks.ILLINOIS.—Lyman Trumbull, Richard Yates.MISSOURI.—B. Gratz Brown, John B. Henderson.MICHIGAN.—Zachariah Chandler, Jacob M. Howard.IOWA.—James W. Grimes, Samuel J. Kirkwood.WISCONSIN.—JAMES R. DOOLITTLE, Timothy O. Howe.CALIFORNIA.—John Conness,James A. McDougal.MINNESOTA.—DANIEL S. NORTON, Alexander Ramsey.OREGON.—James W. Nesmith, George H. Williams.KANSAS.—Samuel C. Pomeroy, JAMES H. LANE (6).WEST VIRGINIA.—Peter C. Van Winkle, Waitman T. Willey.NEVADA.—James W. Nye, William M. Stewart.TENNESSEE.—David T. Patterson, Joseph S. Fowler. From July 24, 1866.
(1) Resigned. Succeeded by Nathan A. Farwell. (2) Resigned. Succeeded by George G. Fogg. (3) Died. Succeeded by George F. Edmunds. (4) Died. Succeeded by Frederick T. Frelinghuysen. (5) Unseated. Succeeded by Alexander G. Cattell. (6) Died. Succeeded by Edmund G. Ross.
HOUSE OF REPRESENTATIVES.Schuyler Colfax of Indiana, Speaker.Edward McPherson of Pennsylvania, Clerk.MAINE.—John Lynch, Sidney Perham, James G. Blaine, John H. Rice,Frederick A. Pike.NEW HAMPSHIRE.—Gilman Marston, Edward H. Rollins, James W. Patterson.VERMONT.—Frederick E. Woodbridge, Justin S. Morrill, Portus Baxter.MASSACHUSETTS.—Thomas D. Eliot, Oakes Ames, Alexander H. Rice, SamuelHooper, John B. Alley, Nathaniel P. Banks, George S. Boutwell, JohnD. Baldwin, William B. Washburn, Henry L. Dawes.RHODE ISLAND.—Thomas A. Jenckes, Nathan F. Dixon.CONNECTICUT.—Henry C. Deming, Samuel L. Warner, Augustus Brandegee,John H. Hubbard.NEW YORK.—Stephen Taber, Teunis G. Bergen, James Humphrey (1),Morgan Jones, Nelson Taylor, HENRY J. RAYMOND,John W. Chanler,James Brooks(2), William A. Darling,William Radford, Charles H.Winfield, John H. Ketcham,Edwin N. Hubbell, Charles Goodyear,John A. Griswold, ROBERT S. HALE, Calvin T. Hulburd, James M. Marvin,Demas Hubbard, jun., Addison H. Laflin, Roscoe Conkling, Sidney T.Holmes, Thomas T. Davis, Theodore M. Pomeroy, Daniel Morris, GilesW. Hotchkiss, Hamilton Ward, Roswell Hart, Burt Van Horn,James M.Humphrey, Henry Van Aernam.NEW JERSEY.—John F. Starr, William A. Newell,Charles Sitgreaves,Andrew J. Rogers, Edwin R. V. Wright.PENNSYLVANIA.—Samuel J. Randall, Charles O'Neill, Leonard Myers,William D. Kelley, M. Russell Thayer,Benjamin M. Boyer, John M.Broomall,Sydenham E. Ancona, Thaddeus Stevens,Myers Strouse,Philip Johnson (3), Charles Denison, Ulysses Mercur, George F.Miller,Adam J. Glossbrenner, Alexander H. Coffroth (4), AbrahamA. Barker, Stephen F. Wilson, Glenni W. Scofield, Charles V. Culver,John L. Dawson, James K. Moorhead, Thomas Williams, George V.Lawrence.DELAWARE.—John A. Nicholson.MARYLAND.—Hiram McCullough, John L. Thomas, jun., CHARLES E. PHELPS,Francis Thomas,Benjamin G. Harris.OHIO.—Benjamin Eggleston, Rutherford B. Hayes, Robert C. Schenck,William Lawrence,Francis C. Le Blond, Reader W. Clarke, SamuelShellabarger, JAMES R. HUBBELL, Ralph P. Buckland, James M. Ashley,Hezekiah S. Bundy,William E. Finck, Columbus Delano, MartinWelker, Tobias A. Plants, John A. Bingham, Ephraim R. Eckley, RufusP. Spalding, James A. Garfield.KENTUCKY.—Lawrence S. Trimble, Burwell C. Ritter, Henry Grider (5),Aaron Harding, LOVELL H. ROUSSEAU, GREEN CLAY SMITH (6),George S.Shanklin, William H. Randall, Samuel McKee.TENNESSEE.—Nathaniel G. Taylor, Horace Maynard, William B. Stokes,Edmund Cooper, William B. Campbell, Samuel M. Arnell, Isaac R.Hawkins,John W. Leftwich. From July 24, 1866.INDIANA.—William E. Niblack, Michael C. Kerr, Ralph Hill, John H.Farquhar, George W. Julian, Ebenezer Dumont,Daniel W. Voorhees(7),Godlove S. Orth, Schuyler Colfax, Joseph H. Defrees, THOMAS N. STILLWELL.ILLINOIS.—John Wentworth, John F. Farnsworth, Elihu B. Washburne,Abner C. Harding, Ebon C. Ingersoll, Burton C. Cook, Henry P. H.Bromwell, Shelby M. Cullom,Lewis W. Ross, Anthony Thornton, SamuelS. Marshall, Jehu Baker, Andrew J. Kuykendall, Samuel W. Moulton.MISSOURI.—John Hogan, Henry T. Blow, THOMAS E. NOELL, John B. Kelso,Joseph W. McClurg, Robert T. Van Horn, Benjamin F. Loan, John F.Benjamin, George W. Anderson.MICHIGAN.—Fernando C. Beaman, Charles Upson, John W. Longyear, ThomasW. Ferry, Roland E. Trowbridge, John F. Driggs.IOWA.—James F. Wilson, Hiram Price, William B. Allison, Joseph B.Grinnell, John A. Kasson, Asahel W. Hubbard.WISCONSIN.—Halbert E. Paine, Ithamar C. Sloan, Amasa Cobb,Charles A.Eldridge, Philetus Sawyer, Walter D. McIndoe.CALIFORNIA.—Donald C. McRuer, William Higby, John Bidwell.MINNESOTA.—William Windom, Ignatius Donnelly.OREGON.—James H. D. Henderson.KANSAS.—Sidney Clarke.WEST VIRGINIA.—Chester D. Hubbard, George R. Latham, Kellian V.Whaley.NEVADA.—Delos R. Ashley.NEBRASKA.—Thomas M. Marquette. From Feb. 9, 1867.
(1) Died. Succeeded byJohn W. Hunter. (2) Unseated. Succeeded by William E. Dodge. (3) Died. Succeeded byDaniel M. Van Auken. (4) Unseated. Succeeded by William H. Koontz. (5) Died. Succeeded byElijah Hise. (6) Resigned. Succeeded byAndrew H. Ward. (7) Unseated. Succeeded by Henry D. Washburn.
TERRITORIAL DELEGATES.NEW MEXICO.—J. Francisco Chaves.UTAH.—William H. Hooper.WASHINGTON.—Arthur A. Denny.ARIZONA.—John N. Goodwin.NEBRASKA.—Phineas W. Hitchcock.COLORADO.—Allen A. Bradford.DAKOTA.—Walter A. Burleigh.IDAHO.—E. D. Holbrook.MONTANA.—Samuel McLean.
SENATORS CHOSEN FROM THE LATE INSURRECTIONARY STATES.ALABAMA.—Lewis E. Parson, George S. Houston.ARKANSAS.—Elisha Baxter, William D. Snow.FLORIDA.—William Marvin, Wilkerson Call.GEORGIA.—Alexander H. Stephens, Herschel V. Johnson.LOUISIANA.—Randall Hunt, Henry Boyce. (R. King Cutler and MichaelHahn also claim under a former election in October, 1864.)MISSISSIPPI.—William L. Sharkey, James L. Alcorn.NORTH CAROLINA.—William A. Graham, John Pool.SOUTH CAROLINA.—Benjamin F. Perry, John L. Manning (1).TENNESSEE.—David T. Patterson, Joseph S. Fowler.TEXAS.—David G. Burnett, O. M. Roberts.VIRGINIA.—John C. Underwood, Joseph Segar.
REPRESENTATIVES CHOSEN FROM THE LATE INSURRECTIONARY STATES.ALABAMA.—C. C. Langdon, George C. Freeman (2), General Cullen A.Battle, Joseph W. Taylor, B. T. Pope, Thomas J. Foster.ARKANSAS.—William Byers, George H. Kyle, James M. Johnson.FLORIDA.—F. McLeod.GEORGIA.—Solomon Cohen, General Philip Cook, Hugh Buchanan, E. G.Cabaniss, J. D. Matthews, J. H. Christy, General W. T. Wofford (3).LOUISIANA.—Louis St. Martin, Jacob Barker, Robert C. Wickliffe, JohnE. King, John S. Ray. (Henry C. Warmoth claims seat as delegateunder universal suffrage election.)MISSISSIPPI.—Colonel Arthur E. Reynolds, Colonel Richard A. Pinson,James T. Harrison, A. M. West, E. G. Peyton.NORTH CAROLINA.—Jesse R. Stubbs, Charles C. Clark, Thomas C. Fuller,Colonel Josiah Turner, jun., Lewis Hanes, S. H. Walkup, Alexander H.Jones.SOUTH CAROLINA.—Colonel John D. Kennedy, William Aiken, General SamuelMcGowan, James Farrow.TENNESSEE.—Nathaniel G. Taylor, Horace Maynard, William B. Stokes,Edmund Cooper, William B. Campbell, Samuel M. Arnell, Isaac R.Hawkins, John W. Leftwich.TEXAS.—George W. Chilton, Benjamin H. Epperson, A. M. Branch, C.Herbert.VIRGINIA.—W. H. B. Custis, Lucius H. Chandler, B. Johnson Barbour,Robert Ridgeway, Beverly A. Davis, Alexander H. H. Stuart, Robert Y.Conrad, Daniel H. Hoge.
(1) Resigned. Succeeded by James B. Campbell. (2) Died. Succeeded by J. McCaleb Wiley. (3) Died. Succeeded by James P. Hambleton.
SENATE.Benjamin F. Wade of Ohio, President.John W. Forney of Pennsylvania, Secretary (1).MAINE.—Lot M. Morrill, William Pitt Fessenden.NEW HAMPSHIRE.—Aaron H. Cragin, James W. Patterson.VERMONT.—George F. Edmunds, Justin S. Morrell.MASSACHUSETTS.—Charles Sumner, Henry Wilson.RHODE ISLAND.—William Sprague, Henry B. Anthony.CONNECTICUT.—JAMES DIXON, Orris S. Ferry.NEW YORK.—Edwin D. Morgan, Roscoe Conkling.NEW JERSEY.—Frederick T. Frelinghuysen, Alexander G. Cattell.PENNSYLVANIA.—Charles R. Buckalew, Simon Cameron.DELAWARE.—George Read Riddle (2), Willard Saulsbury.MARYLAND.—Reverdy Johnson(3), Philip Francis Thomas (4).OHIO.—Benjamin F. Wade, John Sherman.KENTUCKY.—Garrett Davis, James Guthrie(5).TENNESSEE.—Daniel T. Patterson, Joseph S. Fowler.INDIANA.—Thomas A. Hendricks, Oliver P. Morton.ILLINOIS.—Richard Yates, Lyman Trumbull.MISSOURI.—John B. Henderson, Charles D. Drake.ARKANSAS.—Alexander McDonald, Benjamin F. Rice (6).MICHIGAN.—Zachariah Chandler, Jacob M. Howard.FLORIDA.—Adonijah S. Welch, Thomas W. Osborn (6).NORTH CAROLINA.—Joseph C. Abbott, John Pool (6).SOUTH CAROLINA.—Thomas J. Robertson, Frederick A. Sawyer (6).ALABAMA.—Willard Warner, George E. Spencer (6).LOUISIANA.—John S. Harris, William P. Kellogg (6).IOWA.—James W. Grimes, James Harlan.WISCONSIN.—JAMES R. DOOLITTLE, Timothy O. Howe.CALIFORNIA.—John Conness, Cornelius Cole.MINNESOTA.—Alexander Ramsey, DANIEL S. NORTON.OREGON.—George H. Williams, Henry W. Corbett.KANSAS.—Edmund G. Ross, Samuel C. Pomeroy.WEST VIRGINIA.—Peter G. Van Winkle, Waitman T. Willey.NEVADA.—William M. Stewart, James W. Nye.NEBRASKA.—Thomas W. Tipton, John M. Thayer.
(1) Resigned. Succeeded by George C. Gorham. (2) Resigned. Succeeded byWilliam Pinckney Whyte. (3) Died. Succeeded byJames A. Bayard. (4) Denied admission.George Vickersadmitted. (5) Resigned. Succeeded byThomas C. McCreery. (6) Admitted under Acts June 22-25, 1868.
HOUSE OF REPRESENTATIVES.Schuyler Colfax of Indiana, Speaker.Edward McPherson of Pennsylvania, Clerk.MAINE.—John Lynch, Sidney Perham, James G. Blaine, John A. Peters,Frederick A. Pike.NEW HAMPSHIRE.—Jacob H. Ela, Aaron F. Stevens, Jacob Benton.VERMONT.—Frederick E. Woodbridge, Luke P. Poland, Worthington C.Smith.MASSACHUSETTS.—Thomas D. Eliot, Oakes Ames, Ginery Twichell, SamuelHooper, Benjamin F. Butler, Nathaniel P. Banks, George S. Boutwell,John D. Baldwin, William B. Washburn, Henry L. Dawes.RHODE ISLAND.—Thomas A. Jenckes, Nathan F. Dixon.CONNECTICUT.—Richard D. Hubbard, Julius Hotchkiss, Henry H.Starkweather,William H. Barnum.NEW YORK.—Stephen Taber, Demas Barnes, William E. Robinson, John Fox,John Morrissey, Thomas E. Stewart, John W. Chanler, James Brooks,Fernando Wood, William H. Robertson, Charles H. Van Wyck, John H.Ketchum, Thomas Cornell,John V. L. Pruyn, John A. Griswold, OrangeFerriss, Calvin T. Hulburd, James M. Marvin, William C. Fields,Addison H. Laffin, Alexander H. Bailey, John C. Churchill, DennisMcCarthy, Theodore M. Pomeroy, William H. Kelsey, William S. Lincoln,Hamilton Ward, Lewis Selye, Burt Van Horn,James M. Humphrey, HenryVan Aernam.NEW JERSEY.—William Moore,Charles Haight, Charles Sitgreaves, JohnHill, George A. Halsey.PENNSYLVANIA.—Samuel J. Randall, Charles O'Neill, Leonard Myers,William D. Kelley, Caleb N. Taylor,Benjamin M. Boyer, John M.Broomall,J. Lawrence Getz, Thaddeus Stevens (1), Henry L. Cake,Daniel M. Van Auken, Charles Denison(2), Ulysees Mercur, GeorgeF. Miller,Adam J. Glossbrenner, William H. Koontz, Daniel J.Morrell, Stephen F. Wilson, Glenni W. Scofield, Darwin A. Finney (3),John Covode, James K. Moorhead, Thomas Williams, George V. Lawrence.DELAWARE.—John A. Nicholson.MARYLAND.—Hiram McCullough, Stevenson Archer, CHARLES E. PHELPS,Francis Thomas,Frederick Stone.OHIO.—Benjamin Eggleston, Rutherford B. Hayes (4), Robert C. Schenck,William Lawrence,William Mungen, Reader W. Clarke, SamuelShellabarger, Cornelius S. Hamilton (5), Ralph P. Buckland, James M.Ashley, John T. Wilson,Philadelph Van Trump, George W. Morgan(6),Martin Welker, Tobias A. Plante, John A. Binham, Ephraim R. Eckley,Rufus P. Spalding, James A. Garfield.KENTUCKY.—Lawrence S. Trimble, (vacancy),Jacob S. Golladay, J.Proctor Knott, Asa P. Grover, Thomas L. Jones, James B. Beck, GeorgeM. Adams, Samuel McKee.TENNESSEE.—Roderick R. Butler, Horace Maynard, William B. Stokes,James Mullins, John Trimble, Samuel M. Arnell, Isaac R. Hawkins,David A. Nunn.INDIANA.—William E. Niblack, Michael C. Kerr, Morton C. Hunter,William S. Holman, George W. Julian, John Coburn, Henry D.Washburn, Godlove S. Orth, Schuyler Colfax, William Williams, JohnP. C. Shanks.ILLINOIS.—Norman B. Judd, John F. Farnsworth, Elihu B. Washburne,Abner C. Harding, Ebon C. Ingersoll, Burton C. Cook, Henry P. H.Bromwell, Shelby M. Cullom,Lewis W. Rose, Albert G. Burr, Samuel S.Marshall, John Baker, Green B. Raum, John A. Logan.MISSOURI.—William A. Pile, Carman A. Newcomb, THOMAS E. NOELL (7),Joseph J. Gravely, Joseph W. McClurg (8), Robert T. Van Horn,Benjamin F. Loan, John F. Benjamin, George W. Anderson.ARKANSAS.—Logan H. Roots, James Hinds (9), Thomas Boles (10).MICHIGAN.—Fernando C. Beaman, Charles Upson, Austin Blair, Thomas W.Ferry, Rowland E. Trowbridge, John F. Driggs.FLORIDA.—Charles M. Hamilton (10).NORTH CAROLINA.—John R. French, David Heaton, Oliver H. Dockery, JohnT. Deweese, Israel G. Lash, Nathaniel Boyden, Alexander H. Jones(10).SOUTH CAROLINA.—Benjamin F. Whittemore, C. C. Bowen, Simeon Corley,James H. Goss (10).GEORGIA.—J. W. Clift,Nelson Tift, W. P. Edwards, Samuel F. Gove, C.H. Prince, (vacancy),P. M. B. Young(10).ALABAMA.—Francis W. Kellogg, Charles W. Buckley, Benjamin W. Norris,Charles W. Pierce, John B. Callis, Thomas Haughey (10).LOUISIANA.—J. Hale Sypher, James Mann, Joseph P. Newsham, MichaelVidal, W. Jasper Blackburn (10).IOWA.—James F. Wilson, Hiram Price, William B. Allison, WilliamLoughridge, Grenville M. Dodge, Asahel W. Hubbard.WISCONSIN.—Halbert E. Paine, Benjamin F. Hopkins, Amasa Cobb,CharlesA. Eldridge, Philetus Sawyer, Cadwalader C. Washburn.CALIFORNIA.—Samuel B. Axtell, William Higby,James A. Johnson.MINNESOTA.—William Windom, Ignatius Donnelly.OREGON.—Rufus Mallory.KANSAS.—Sidney Clarke.WEST VIRGINIA.—Chester D. Hubbard, Bethnel M. Kitchen, Daniel Polsley.NEVADA.—Delos R. Ashley.NEBRASKA.—John Taffe.
TERRITORIAL DELEGATES.ARIZONA.—Coles Bashford.COLORADO.—George M. Chilcott.DAKOTA.—Walter A. Burleigh.IDAHO.—E. D. Holbrook.MONTANA.—James M. Cavanaugh.NEW MEXICO.—Charles P. Clever.UTAH.—William H. Hooper.WASHINGTON.—Alvan Flanders.
(1) Died. Succeeded by Oliver J. Dickey. (2) Died. Succeeded byGeorge W. Woodward. (3) Died. Succeeded by S. Newton Pettis. (4) Resigned. Succeeded bySamuel F. Cary. (5) Died. Succeeded by John Beatty. (6) Unseated. Succeeded by Columbus Delano. (7) Died. Succeeded byJames R. McCormick. (8) Resigned. Succeeded by John H. Stover. (9) Died. Succeeded by James T. Elliott. (10) Admitted under Acts June 22-25, 1868.
SENATE.Schuyler Colfax of Indiana, President.George C. Gorham of California, Secretary.MAINE.—William Pitt Fessenden (1), Hannibal Hamlin.NEW HAMPSHIRE.—Aaron H. Cragin, James W. Patterson.VERMONT.—George F. Edmunds, Justin S. Morrill.MASSACHUSETTS.—Charles Sumner, Henry Wilson.RHODE ISLAND.—Henry B. Anthony, William Sprague.CONNECTICUT.—Orris S. Ferry, William A. Buckingham.NEW YORK.—Roscoe Conkling, Reuben E. Fenton.NEW JERSEY.—Alexander G. Cattell,John P. Stockton.PENNSYLVANIA.—Simon Cameron, John Scott.DELAWARE.—Willard Saulsbury, Thomas F. Bayard.MARYLAND.—George Vickers, William T. Hamilton.VIRGINIA.—John W. Johnston, John F. Lewis.NORTH CAROLINA.—Joseph C. Abbott, John Pool.SOUTH CAROLINA.—Thomas J. Robertson, Frederick A. Sawyer.GEORGIA.—H. V. M. Miller, Joshua Hill.ALABAMA.—Willard Warner, George E. Spencer.MISSISSIPPI.—Hiram R. Revels, Adelbert Ames.LOUISIANA.—John S. Harris, William P. Kellogg.OHIO.—John Sherman,Allen G. Thurman.KENTUCKY.—Garrett Davis, Thomas C. McCreery.TENNESSEE.—Joseph S. Fowler, William G. Brownlow.INDIANA.—Oliver P. Morton, Daniel D. Pratt.ILLINOIS.—Lyman Trumbull, Richard Yates.MISSOURI.—Charles D. Drake (2), Carl Schurz.ARKANSAS.—Alexander McDonald, Benjamin F. Rice.MICHIGAN.—Zachariah Chandler, Jacob M. Howard.FLORIDA.—Thomas W. Osborn, Abijah Gilbert.TEXAS.—Morgan C. Hamilton, James W. Flanagan.IOWA.—James W. Grimes (3), James Harlan.WISCONSIN.—Timothy O. Howe, Matthew H. Carpenter.CALIFORNIA.—Cornelius Cole,Eugene Casserly.MINNESOTA.—Alexander Ramsey,Daniel S. Norton(4).OREGON.—George H. Williams, Henry W. Corbett.KANSAS.—Edmund G. Ross, Samuel C. Pomeroy.WEST VIRGINIA.—Waitman T. Willey, Arthur I. Boreman.NEVADA.—James W. Nye, William M. Stewart.NEBRASKA.—John M. Thayer, Thomas W. Tipton.
(1) Died. Succeeded by Lot M. Morrill. (2) Resigned. Daniel T. Jewett appointed;Francis P. Blair, jun., elected. (3) Resigned. Succeeded by James B. Howell. (4) Died. William Windom appointed; Ozora P. Stearns elected.
HOUSE OF REPRESENTATIVESJames G. Blaine of Maine, Speaker.Edward McPherson of Pennsylvania, Clerk.MAINE.—John Lynch, Samuel P. Morrill, James G. Blaine, John A. Peters,Eugene Hale.NEW HAMPSHIRE.—Jacob H. Ela, Aaron F. Stevens, Jacob Benton.VERMONT.—Charles W. Willard, Luke P. Poland, Worthington C. Smith.MASSACHUSETTS.—James Buffinton, Oakes Ames, Ginery Twichell, SamuelHooper, Benjamin F. Butler, Nathaniel P. Banks, George S. Boutwell(1), George F. Hoar, William B. Washburn, Henry L. Dawes.RHODE ISLAND.—Thomas A. Jenckes, Nathan F. Dixon.CONNECTICUT.—Julius Strong, Stephen W. Kellogg, Henry H. Starkweather,William H. Barnum.NEW YORK.—Henry A. Reeves, John G. Schumaker, Henry W. Slocum, JohnFox, John Morrissey, Samuel S. Cox, Hervey C. Calkin, James Brooks,Fernando Wood, Clarkson N. Potter, George W. Greene(2), John H.Ketcham,John A. Griswold, Stephen L. Mayham, Adolphus H. Tanner,Orange Ferriss, William A. Wheeler, Stephen Sanford, Charles Knapp,Addison H. Laflin, Alexander H. Bailey, John C. Churchill, DennisMcCarthy, George W. Cowles, William H. Kelsey, Giles W. Hotchkiss,Hamilton Ward, Noah Davis (3), John Fisher, Davis S. Bennett, PorterSheldon.NEW JERSEY.—William Moore,Charles Haight, John T. Bird, John Hill,Orestes Cleveland.PENNSYLVANIA.—Samuel J. Randall, Charles O'Neill,John Moffet(4),William D. Kelley,John R. Reading (5), John D. Stiles, WashingtonTownsend,J. Lawrence Getz, Oliver J. Dickey, Henry L. Cake,Daniel M. Van Auken, George W. Woodward, Ulysses Mercur, John B.Packer,Richard J. Haldeman, John Cessna, Daniel J. Morrell,William H. Armstrong, Glenni W. Scofield, Calvin W. Gilfillan, JohnCovode (6), James S. Negley, Darwin Phelps, Joseph B. Donley.DELAWARE.—Benjamin T. Biggs.MARYLAND.—Samuel Hambleton, Stevenson Archer, Thomas Swann, PatrickHamill, Frederick Stone.VIRGINIA.—Richard S. Ayer, James H. Platt, jun., Charles H. Porter,George W. Booker, Robert S. Ridgway (7), William Milnes, jun., LewisMcKenzie, James K. Gibson.NORTH CAROLINA.—Clinton L. Cobb, David Heaton (8), Oliver H. Dockery,John T. Deweese (9), Israel G. Lash,Francies E. Shober, AlexanderH. Jones.SOUTH CAROLINA.—B. F. Whittemore (10), Christopher C. Bowen, SolomonL. Hoge, Alexander S. Wallace.GEORGIA.—William W. Paine, Richard H. Whiteley, Marion Bethune,Jefferson Y. Long, Stephen A. Corker,William P. Price, Pierce M. B.Young.ALABAMA.—Alfred E. Buck, Charles W. Buckley, Robert S. Heflin, CharlesHays,Peter M. Dox, William C. Sherrod.MISSISSIPPI.—George E. Harris, Joseph L. Morphis, Henry W. Barry,George C. McKee, Legrande W. Perce.LOUISIANA.—J. Hale Sypher, Lionel A. Sheldon, C. B. Darrall,MichaelRyan(11), Frank Morey.OHIO.—Peter W. Strader, Job E. Stevenson, Robert C. Schenck (12),William Lawrence,William Mungen, John A. Smith, James J. Winans,John Beatty,Edward F. Dickinson, Truman H. Hoag(13), John T.Wilson,Philadelph Van Trump, George W. Morgan, Martin Welker,Eliakim H. Moore, John A. Bingham, Jacob A. Ambler, William H. Upson,James A. Garfield.KENTUCKY.—Lawrence S. Trimble, William N. Sweeney, Jacob S. Golladay(14), J. Proctor Knott, Boyd Winchester, Thomas L. Jones, James B.Beck, George M. Adams, John M. Rice.TENNESSEE.—Roderick R. Butler, Horace Maynard, William B. Stokes,Lewis Tillman, William F. Prosser, Samuel M. Arnell, Isaac R.Hawkins, William J. Smith.INDIANA.—William E. Niblack, Michael C. Kerr, William S. Holman,George W. Julian, John Coburn,Daniel W. Voorhees, Godlove S. Orth,James N. Tyner, John P. C. Shanks, William Williams, Jasper Packard.ILLINOIS.—Norman B. Judd, John F. Farnsworth, Elihu B. Washburne (15),John B. Hawley, Ebon C. Ingersoll, Burton C. Cook, Jesse H. Moore,Shelby M. Cullom,Thompson W. McNeely, Albert G. Burr, Samuel S.Marshall, John B. Hay,John M. Crebs, John A. Logan.MISSOURI.—Erastus Wells, Gustavus A. Finkelnburg,James R.McCormick, Sempronius H. Boyd, Samuel S. Burdett, Robert T. VanHorn, Joel F. Asper, John F. Benjamin, David P. Dyer.ARKANSAS.—Logan H. Roots,A. A. C. Rogers, Thomas Boles.MICHIGAN.—Fernando C. Beaman, William L. Stoughton, Austin Blair,Thomas W. Ferry, Omar D. Conger, Randolph Strickland.FLORIDA.—Charles M. Hamilton.TEXAS.—George W. Whitmore,John C. Conner, W. T. Clark, EdwardDegener.IOWA.—George W. McCrary, William Smyth (16), William B. Allison,William Loughridge, Frank W. Palmer, Charles Pomeroy.WISCONSIN.—Halbert E. Paine, Benjamin F. Hopkins (17), Amasa Cobb,Charles A. Eldridge, Philetus Sawyer, Cadwalader C. Washburn.CALIFORNIA.—Samuel B. Axtell, Aaron A. Sargent,James A. Johnson.MINNESOTA.—Morton S. Wilkinson,Eugene M. Wilson.OREGON.—Joseph S. Smith.KANSAS.—Sidney Clarke.WEST VIRGINIA.—Isaac H. David, James C. McGrew, John S. Witcher.NEVADA.—Thomas Fitch.NEBRASKA.—John Taffe.