Imagens das páginas
PDF
ePub

the people a constitution or frame of government for their ratification, shall have power to appoint all civil officers. It shall be the duty of the several district commanders to confirm the appointment of such officers by the convention; to install each officer in his office; to cause to be put into the possession and control of each officer the records and archives and other property of the State pertaining to his office, and to do all other acts which may be necessary to enable such State officers, respectively, to perform the functions of their offices. These governments to continue until each State shall be represented in Congress and other State officers shall have been elected and qualified under the constitution thereof.

Which was disagreed to-yeas 53, nays 112. The yeas were:

Messrs. Allison, Anderson, Arnell, Delos R. Ashley, James M. Ashley, Banks, Broomall, Butler, Cake, Cary, Churchill, Reader W. Clarke, Sidney Clarke, Cobb, Coburn, Donnelly, Driggs, Eckley, Ela, Ferry, Fields, Gravely, Harding, Higby, Hunter, Judd, Julian, Kelley, Kelsey, Kitchen, William Lawrence, Logan, Loughridge, Maynard, McClurg, Mercur, Mullins, Newcomb, Nunn, Perham, Raum, Schenck, Shanks, Thaddeus Stevens, Taylor, Thomas, John Trimble, Robert T. Van Horn, Van Wyck, Ward, William Williams, Stephen F. Wilson, Windom.

This bill was not taken up in the Senate.

VOTES SUBSEQUENT TO THE PASSAGE OF
THE ACT OF MARCH 11, 1868, AND PRIOR
TO THE ACTS OF JUNE 22, AND JUNE 25,
1868.

The Alabama Bill.

| Loan, Loughridge. Maynard, McClurg, Mercur, Moore,
Moorhead, Morrell, Mullins, Myers, Nunn, O'Neill,
Orth, Poland, Polsley, Pomeroy, Price, Raum, Sawyer,
Scofield, Shanks, Smith, Spalding, Thaddeus Stevens,
Taffe, Twichell, Upson, Burt Van Horn, Robert T. Van
Horn, Ward, Ellihu B. Washburne, William B. Wash-
burn, Welker, Thomas Williams, James F. Wilson,
John T. Wilson, Stephen F. Wilson, Woodbridge-77.
NAYS-Messrs. Adams, Arnell, Bailey, Beaman, Beck,
Bingham, Blaine, Boutwell, Brooks, Buckland, Burr,
Cary, Eldridge, Farnsworth, Fields, Fox, Glossbrenner,
Golladay, Gravely, Grover, Haight, Holman, Richard D.
Hubbard, Hulburd, Humphrey, Johnson, Jones, Kerr
Knott, Lincoln, Mallory, Marshall, Miller, Mungen, New-
comb, Niblack, Nicholson, Paine, Perham, Peters, Pile,
Plants, Pruyn, Ross, Sitgreaves, Taber, Taylor, Thomas,
John Trimble, Lawrence S. Trimble, Van Auken, Van
Trump, Van Wyck, Windom, Woodward-55.

The bill then passed-yeas 102, nays 29; the
nays all Democrats, including Mr. Cary.
The bill was not taken up in the Senate.

The Arkansas Bill.

During the pendency of the bill admitting the State of Arkansas to representation, in the Senate as in Committee of the Whole

1868, June 1-Mr. Henderson moved this as a substitute for Mr. Drake's "fundamental condition," previously noticed (page 337:)

That said State, in fixing the qualifications of electors therein, shall not be authorized to discriminate against any person on account of race, color, or previous condition; and also, on the further condition, that no person on account of race or color shall be excluded from the benefits of education, or be deprived of an equal share of the moneys or other funds created or used by public authority to promote education in said State.

Which was disagreed to-yeas 5, nays 30, as follow:

YEAS-Messrs. Buckalew, Doolittle, Henderson, Hendricks, Ross-5.

NAYS-Messrs. Bayard, Cameron, Cattell, Chandler.

Cole, Conkling, Corbett, Drake, Ferry, Frelinghuysen
Harlan, Howe, Johnson, McCreery, Morrill of Maine,
Morrill of Vermont, Nye, Patterson of Tennessee, Pom
eroy, Ramsey, Stewart, Thayer, Tipton, Trumbull, Van
Winkle, Vickers, Wade, Willey, Williams, Yates-30.

The amendment of Mr Drake was then agreed

1868, March 26-The House Committee on Reconstruction reported a bill to admit the State of Alabama to representation in Congress, as soon as the Legislature, then recently elected, shall have duly ratified the XIVth Amendment, for which a substitute was offered by Mr. Spalding, making the constitution recently framed the fundamental law for a provisional government, also providing that the officers elected at the recent election should qualify on the 1st of May, 1868, and enter on their duties; and the Gov-to-yeas 26, nays 14, as follow: ernor was authorized to convene the Legislature recently elected, who were given authority to submit said constitution for ratification, with such amendments as a majority of the Legislature may adopt. It was further provided that, whenever the people, by a majority vote of the electors of Alabama, qualified under the act of Congress of March 23, 1867, to vote for dele--14. gates to frame a constitution, and actually voting upon said ratification, shall have ratified a constitution submitted as aforesaid, and the Legislature of the proposed State organization shall have adopted the amendment to the Constitution of the United States proposed by the Thirty-Ninth Congress, and known as Article XIV, the constitution of Alabama may be presented to Congress for its approval. This substitute was agreed to-yeas 77, nays

YEAS-Messrs. Cameron, Cattell, Chandler, Cole,

Conkling, Cragin, Drake, Fessenden, Frelinghuysen
Harlan, Henderson, Howe, Johnson, Morrill of Maine,
Morrill of Vermont, Nye, Patterson of New Hampshire
Ramsey, Stewart, Sumner, Thayer, Tipton, Trumbull
Wade, Wilson, Yates-26.

55, as follow:

NAYS-Messrs. Bayard, Buckalew, Corbett, Doolittle. Ferry, Fowler, Hendricks, McCreery, Patterson of Tennessee, Ross, Van Winkle, Vickers, Willey, William

Mr. Hendricks moved to strike out all of the preamble and bill after the enacting clause, and insert: "That the State of Arkansas is hereby declared restored to her former proper practical relations to the Union, and is again entitled to be represented by Senators and Representatives in Congress."

Which was disagreed to-yeas 15, nays 26, as follow:

Ferry, Fowler, Hendricks, Johnson, McCreery, Patterson

YEAS-Messrs. Bayard, Buckalew, Corbett, Doolittle,

of New Hampshire, Patterson of Tennessee, Ross, Van Winkle, Vickers, Willey-15.

YEAS-Messrs.Ames Anderson, Delos R.Ashley, James
M. Ashley, Baker, Baldwin, Banks, Beatty, Benjamin, NAYS-Messrs. Cameron. Cattell, Chandler, Colo,
Bromwell, Broomall, Churchill, Sidney Clarke, Coburn, Conkling, Cragin, Drake, Fessenden, Frelinghuysen,
Cook, Covode, Cullom, Dawes, Dixon, Dodge, Driggs, Henderson, Howe, Morrill of Maine, Morrill of Ver-
Eckley, Eggleston, Eliot, Ferriss, Ferry, Halsey, Haw-mont, Nye, Pomeroy, Ramsey, Sherman, Stewart. Sum-
kins, Hill, Hopkins, Hunter, Ingersoll, Judd, Julian, ner, Thayer, Tipton, Trumtll, Wade, Williams, Wilson,
Kelsey, Ketcham, Koontz, Laflin, William Lawrence, Yates-26.

The bill being then reported to the Senate, Mr. Ferry offered an amendment to strike out all after the enacting clause, and insert the words: "That the State of Arkansas is entitled and admitted to representation in Congress as one of the States of the Union." Which was disagreed to-yeas 18, nays 22, as follow:

YEAS-Messrs. Bayard, Buckalew, Conkling, Corbett, Doolittle, Ferry, Fessenden, Hendricks, McCreery, Patterson of New Hampshire, Patterson of Tennessee, Ross, Saulsbury, Trumbull, Van Winkle, Vickers, Willey, Williams-18. NAYS-Messrs. Cameron, Cattell, Chandler, Cole, Cragin, Drake, Frelinghuysen, Harlan, Henderson, Howe, Morrill of Vermont, Nye, Pomeroy, Ramsey, Sherman, Stewart, Sumner, Thayer, Tipton, Wade, Wilson, Yates

-22.

The bill then passed-yeas 34, nays 8, as follows:

| ridge, Ferry, Garfield, Getz, Glossbrenner, Golladay, Gro ver, Hawkins, Higby, Hopkins, Hotchkiss, Humphre Ingersoll, Jenckes, Johnson, Julian, Kerr, Ketcham, Knott, George V. Lawrence, Loan, Marshall, Marvin, McCormick, Morgan, Mungen, Myers, Niblack, Nicholson, Orth, Phelps, Poland, Pruyn, Randall, Robertson, Rob inson, Ross, Sawyer, Sitgreaves, Smith, Stewart, Stone, Taylor, Van Auken, Van Trump, Ward, Ellihu B. Washburne, William B. Washburn, Woodbridge, Woodward-60.

NAYS-Messrs. Allison, Ames, Anderson, Arnell. James M. Ashley, Bailey, Beaman, Beatty, Benjamin, Benton, Bingham, Boutwell, Bromwell, Broomal Buckland, Reader W. Clarke, Sidney Clarke, Cobb, Covona Cullom, Eckley, Ela, Farnsworth, Ferriss, Fios, uravely, Harding, Chester D. Hubbard, Hunter, Judd, Kelley, Kelsey, Kitchen, Koontz, William Lawrence, Lincoln, Loughridge, Mallory, McCarthy, McClurg, Miller, Moore, Morrell, Newcomb, Nunn, O'Neill, Paine, Perham, Peters, Pike, Pile, Plants, Polsley, Price, Raum, Schenck, Scofield, Shanks, Aaron F. Stevens, Thaddeus Stevens, Stokes. Taffe, Thomas, John Trimble, Trowbridge, Twichell, Upson, Burt Van Horn, Van Wyck, Henry D. Washburn, Welker, William Williams, Ste

IN SENATE.

YEAS-Messrs. Anthony, Cameron, Cattell, Chandler, Cole, Conkling, Corbett, Cragin, Drake, Edmunds, Fes-phen F. Wilson, Windom-74. senden, Frelinghuysen, Harlan, Henderson, Howe, Morrill of Maine, Morrill of Vermont, Nye, Patterson of New Hampshire, Pomeroy, Ramsey, Ross, Sherman, Stewart, Sumner, Thayer, Tipton, Trumbull, Van Winkle, Wade, Willey, Williams, Wilson, Yates-34. NAYS-Messrs. Bayard, Buckalew, Doolittle, Hendricks, McCreery, Patterson of Tennessee, Saulsbury, Vickers-8.

The Bill to Admit North Carolina, South Carolina, Louisiana, Georgia, Alabama, and Florida to Representation in Congress.

June 2-The bill was reported with amendments. As reported it excluded Alabama, and added Florida.

June 9-Mr. Wilson moved to insert Alabama; which was agreed to-yeas 22, nays 21, as follow:

YEAS-Nessrs. Anthony, Chandler, Conness, Corbett, Ferry, Fowler, Harlan, Morrill of Maine, Morton, Nye, Pomeroy, Ramsey, Sherman, Stewart, Sumner, Thayer, Tipton, Van Winkle, Wade, Willey, Williams, Wilson

In this bill, as originally passed by the House, May 14, this provision was inserted at the close-22. of the first section:

So much of the seventeenth section of the fifth article of the constitution of the State of Geor. gia as gives authority to Legislatures or courts to repudiate debts contracted prior to the 1st day of June, 1865, and similar provisions in all other of the constitutions mentioned in this bill, shall be null and void as against all men who were loyal during the whole time of the rebellion, and who during that time supported the Union, and they shall have the same rights in the courts and elsewhere as if no rebellion had ever existed.

This section was agreed to-yeas 79, nays 50,

as follow:

YEAS-Messrs. Adams, Ames, Anderson, Arnell, James M. Ashley, Beaman, Beatty, Benjamin, Benton, Blair, Bromwell, Broomall, Buckland, Cake, Reader W. Clarke, Sidney Clarke, Cobb, Coburn, Donnelly, Driggs, Eckley, Eggleston, Farnsworth, Fields, Gravely, Harding, Higby, Hill, Holman, Hooper, Hopkins, Chester D. Hubbard, Hunter, Julian, Kelley, Kelsey, Kitchen, Koontz, George V. Lawrence, William Lawrence, Loan, Loughridge, Marvin, McCarthy, McClurg, Miller, Morrell, Myers, Newcomb, Nunn, O'Neill, Orth, Perham, Peters, Plants, Polsley, Price, Raum, Robert son, Sawyer, Shanks, Smith, Thaddeus Stevens, Stewart, Stokes, Taffe, Thomas, John Trimble, Trow bridge, Twichell, Upson, Van Wyck, Ward, Welker, William Williams, Stephen F. Wilson, Windom, Woodbridge, Woodward-79.

NAYS-Messrs. Allison, Delos R. Ashley, Bailey, Baker, Banks, Bingham, Boutwell, Bover, Cullom, Ela, Eldridge, Eliot, Ferriss, Ferry, Garfield, Getz, Gloss brenner, Golladay, Grover, Ingersoll, Johnson, Judd, Kerr, Ketcham, Knott, Laflin, Lincoln. Logan, Mallory, McCormick, Moore, Morgan, Mungen, Niblack, Nicholson, Paine, Pile, Prum, Randall, Ross, Schenck, Sitgreaves, Aaron F. Stevens, Taylor. Van Auken, Burt Van Horn, Van Trump, Ellihu B. Washburne, Henry D. Washburn, William B. Washburn-50.

A motion by Mr. Woodbridge to strike "Alabama" from the bill, was disagreed to-yeas 60, nays 74, as follow:

YEAS-Messrs. Delos R. Ashley, Baker, Baldwin, Beck, Blair, Boyer, Brooks, Burr, Coburn, Driggs, Eld

NAYS-Messrs. Bayard, Buckalew, Cole, Conkling, Davis, Doolittle, Edmunds, Fessenden, Frelinghuysen, Hendricks, Howard, Howe, Johnson, McCreery, Morgan, Morrill of Vermont, Patterson of Tennessee, Saulsbury, Trumbull, Vickers, Yates-21.

June 10-Mr. Sherman moved to strike from

the first section the words:

And the State of Georgia shall only be entitled and admitted to representation upon this further fundamental condition: that the first and third subdivisions of section seventeen of the fifth article of the constitution of said State, except the proviso to the first subdivision, shall be null and void, and that the general assembly of said State, by solemn public act, shall declare the assent of the State to the foregoing fundamental condition.

Which was disagreed to-yeas 8, nays 35, as follow:

YEAS-Messrs. Cameron, Ferry, Howe, Ramsey, Sher-
man, Thayer, Williams, Wilson-8.
NAYS-Messrs. Anthony, Buckalew, Chandler, Cole,
Conkling, Conness, Corbett, Cragin, Davis, Drake, Ed-
munds, Fessenden, Frelinghuysen, Harlan, Hendricks,
Howard, Johnson, McCreery, Morgan, Morrill of Maine,
Morrill of Vermont, Morton, Nye, Patterson of New
Hampshire, Patterson of Tennessee, Ross, Saulsbury,
Sumner, Tipton, Trumbull, Van Winkle, Vickers, Wade,
Willey, Yates-35.

Mr. Williams moved to strike out of the first

section all after the words "fundamental condition," and insert as follows:

That so much of the seventeenth section of the fifth article of the constitution of the State of Georgia as suspends the collection of debts contracted prior to the 1st day of June, 1865, shall be void as against all persons who were loyal during the late rebellion, and who, during that time, supported the Union.

Which was rejected.

Mr. Williams moved to insert this clause after the word "same" in the third section, and be fore what is now the last clause of the bill:

[blocks in formation]

The first clause of the amendment, closing with "delay," was agreed to-yeas 23, nays 18, as follow:

YPAY-Messrs. Cameron, Chandler, Conness, Corbett, Cragin, Drake, Edmunds, Howard, Morrill of Maine, Morrill of Vermont, Morton, Nye, Patterson of New Hampshire, Pomeroy, Ramsey, Stewart, Sumner, Thayer, Tipton, Wade, Williams, Wilson, Yates-23.

NAYS-Messrs. Bayard, Buckalew, Cole, Conkling, Davis, Fowler, Frelinghuysen, Harlan, Hendricks, McCreery, Morgan, Patterson of Tennessee, Ross, Saulsbury, Trumbull, Van Winkle, Vickers, Willey-18. The second clause was agreed to-yeas 26, nays 15, as follow:

YEAS-Messrs. Cameron, Chandler, Cole, Conness, Corbett, Cragin, Drake, Harlan, Howard, Morrill of Maine, Morrill of Vermont, Morton, Nye, Patterson of New Hampshire, Pomeroy, Ramsey, Stewart, Sumner, Thayer, Tipton, Van Winkle, Wade, Willey, Williams, Wilson, Yates-26.

NAYS Messrs. Bayard, Buckalew, Conkling, Davis, Edmunds, Fowler, Frelinghuysen, Hendricks, McCreery, Morgan, Patterson of Tennessee, Ross, Saulsbury, Trumbull, Vickers-15.

Mr. Trumbull moved to strike out " Alabama," which had been inserted in Committee of the Whole; which was disagreed to-yeas 16, nays 24, as follow:

YEAS-Messrs. Bayard, Buckalew, Conkling, Davis, Edmunds, Frelinghuysen, Hendricks, Howe, McCreery, Morgan, Morrill of Vermont, Patterson of Tennessee, Saulsbury, Trumbull, Vickers, Yates-16.

NAYS-Messrs. Cameron, Chandler, Conness, Corbett, Cragin, Drake, Ferry, Harlan, Morrill of Maine, Morton, Nye, Pomeroy, Ramsey, Ross, Sherman, Stewart, Sumner, Thayer, Tipton, Van Winkle, Wade, Willey, Williams, Wilson-24.

Mr. Conkling offered the following additional proviso:

And the State of Alabama shall be entitled and admitted to representation only upon this further fundamental condition: that section twenty-six of the first article of the constitution of said State, except so much thereof as makes navigable waters public highways, shall be null and void, and that the general assembly of said State, by a solemn public act, shall declare the assent of the State to the foregoing fundamental condition.

[blocks in formation]

Mr. Farnsworth moved to strike Florida from the bill; which was disagreed to-yeas 45, nays 99, as follow:

YEAS-Messrs. Archer, Axtell, Barnes, Beck, Boyer, Bromwell, Brooks, Burr, Cobb, Eldridge, Eliot, Farnsworth, Getz, Glossbrenner, Golladay, Grover, Harding, Holman, Hopkins, Hotchkiss, Julian, Knott, Marshall, Maynard, McCormick, McCullough, Morrissey, Niblack, Nicholson, Paine, Phelps, Pike, Price, Randall, Robinson, Sawyer, Stewart, Stone, Taber, Taffe, Lawrence S. Trimble, Van Auken, Van Trump, Ellihu B. Washburne, Woodward-45.

NAYS-Messrs. Allison, Ames, Delos R. Ashley, James M. Ashley, Bailey, Baker, Baldwin, Banks, Beaman, Beatty, Benjamin, Benton, Bingham, Blaine, Blair, Broomall, Buckland, Butler, Cake, Churchill, Reader W. Clarke, Sidney Clarke, Coburn, Cook, Cornell, CoDriggs, Eckley, Eggleston, Ela, Ferriss, Ferry, Fields, vode, Cullom, Dawes, Delano, Dixon, Dodge, Donnelly, Garfield, Gravely, Griswold, Halsey, Hawkins, Higby, Chester D. Hubbard, Hulburd, Ingersoll, Judd, Kelsey, Ketcham, Kitchen, Koontz, Laflin, Lincoln, Loan, Logan, Loughridge, Lynch, Mallory, Marvin. McClurg, Mercur, Miller, Moore, Morrell, Mullins, Myers, Newcomb, O'Neill, Pile, Plants, Polsley, Pomeroy, Raum, Robertson, Schenck, Scofield. Selye, Shellabarger, Spalding, Starkweather, Aaron F. Stevens, Stokes, Taylor, Thomas, John Trimble, Trowbridge, Twichell, Upson, Van Aernam, Robert T. Van Horn, Ward, Henry D. Washburn, William B. Washburn, Welker, William Williams, John T. Wilson, Windom-99.

The amendments were then concurred inyeas 111, nays 28; as follow:

YEAS-Messrs. Allison, Ames, Delos R. Ashley, James M. Ashley, Bailey, Banks, Beaman, Beatty, Benjamin, Buckland, Butler, Churchill, Reader W. Clarke, Sidney Benton, Bingham, Blaine, Blair, Bromwell, Broomall, Clarke, Cobb, Coburn, Cook, Cornell, Covode, Cullom, Dawes, Delano, Dixon, Dodge, Donnelly, Driggs, Eckley, Eggleston, Ela, Eliot, Ferriss, Ferry, Fields, Garfield, Gravely, Griswold, Halsey, Harding, Hawkins, Higby, Hopkins, Chester D. Hubbard, Hulburd, Ingersoll, Judd, Julian, Kelsey, Ketcham, Kitchen, Koontz, Laflin, Lincoln, Loan, Logan, Loughridge, Lynch, Mallory, Marvin, Maynard, McClurg, Mercur, Miller, Moore. Morrell, Mullins, Myers, Newcomb, O'Neill, Paine, Pe

Which was disagreed to-yeas 16, nays 23, asters, Pike, Pile, Plants, Polsley, Pomeroy, Price, Raum, follow:

[blocks in formation]

Robertson, Sawyer, Schenck, Scofield, Selye, Shellabarger, Spalding, Starkweather, Aaron F. Stevens, Stewart, Stokes, Taffe, Taylor, Thomas, John Trimble, Trowbridge, Twichell, Upson, Van Aernam, Robert T. Van Horn, Ward, Ellihu B. Washburne, Henry D. Washburn, William B.Washburn, Welker, William Williams, John T. Wilson, Windom-111.

NAYS-Messrs. Archer, Axtell, Barnes, Boyer, Brooks, Burr, Eldridge, Getz, Glossbrenner, Golladay, Grove Holman, Hotchkiss, Marshall, McCormick, McCullough, Morrissey, Niblack, Nicholson, Phelps, Randall, Robinson, Stone, Taber Lawrence S. Trimble, Van Auken, Van Trump, Woodward-28.

XXX.

PRESIDENT JOHNSON'S PROCLAMATIONS AND ORDERS.*

Enjoining Obedience to the Constitution and of the command of the President of the United
Laws, September 3, 1867.
States;

Whereas, by the Constitution of the United States, the executive power is vested in a Presi dent of the United States of America, who is bound by solemn oath faithfully to execute the office of President, and to the best of his ability to preserve, protect, and defend the Constitution of the United States, and is by the same instrument made Commander-in-Chief of the army and navy of the United States, and is required to take care that the laws be faithfully executed; And whereas, by the same Constitution, it is provided that the said Constitution and the laws of the United States which shall be made in pursuance thereof shall be the supreme law of the land, and the judges in every State shall be bound thereby ;

And whereas in and by the same Constitution the judicial power of the United States is vested in one Supreme Court and in such inferior courts as Congress may from time to time ordain and establish, and the aforesaid judicial power is declared to extend to all cases in law and equity arising under the Constitution, the laws of the United States, and the treaties which shall be made under their authority;

And whereas reasonable and well-founded apprehensions exist that such ill-advised and unlawful proceedings may be again attempted there or elsewhere:

of the United States, do hereby warn all persons Now, therefore, I, Andrew Johnson, President against obstructing or hindering in any manner tution and the laws; and I do solemnly enjcin whatsoever the faithful execution of the Constiand command all officers of the Government, civil and military, to render due mission and obedience to said laws, and to the judgments and decrees of the courts of the United States, and to give all the aid in their power necessary to the prompt enforcement and execution of such laws, decrees, judgments, and processes.

And I do hereby enjoin upon the officers of the army and navy to assist and sustain the courts and other civil authorities of the United States in the faithful administration of the laws thereof, and in the judgments, decrees, mandates, and processes of the courts of the United States and I call upon all good and well-disposed citizens of the United States to remember that upon the said Constitution and laws, and upon the judgments, decrees, and processes of the courts made in accordance with the same, depend the protection of the lives, liberty, property, and happiness of the people. And I exhort them everywhere to testify their devotion to their And whereas all officers of the army and navy country, their pride in its prosperity and greatof the United States, in accepting their commis-ness, and their determation to uphold its free insions under the laws of Congress and the rules and articles of war, incur an obligation to observe, obey, and follow such directions as they

And whereas all officers, civil and military, are bound by oath that they will support and defend the Constitution against all enemies, foreign and domestic, and will bear true faith and allegiance to the same;

shall from time to time receive from the Presi

dent or the General, or other superior officers set over them, according to the rules and discipline

of war;

stitutions by a hearty co-operation in the efforts
of the Government to sustain the authority of
eral Constitution, and to preserve unimpaired
the law, to maintain the supremacy of the Fed-
the integrity of the National Union.

of the United States to be affixed to these pre-
In testimony whereof, I have caused the seal
sents, and sign the same with my hand.
Done at the city of Washington the 3d day of
[L. 8.] September, in the year 1867.
By the President:

ANDREW JOHNSON.

And whereas it is provided by law that whenever, by reason of unlawful obstructions, combinations, or assemblages of persons, or rebellion against the authority of the Government of the United States, it shall become impracticable, in the judgment of the President of the United States, to enforce, by the ordinary course of judicial proceedings, the laws of the United States within any State or Territory, the Executive in that case is authorized and required to secure their faithful execution by the employ-1861, the two houses of Congress, with extrament of the land and naval forces;

And whereas impediments and obstructions, serious in their character, have recently been interposed in the States of North Carolina and South Carolina, hindering and preventing for a time a proper enforcement there of the laws of the United States, and of the judgments and decrees of a lawful court thereof, in disregard

WM. H. SEWARD, Secretary of State. Extending Full Pardon to Certain Persons who were Engaged in the late Rebellion, September 7, 1867.

Whereas, in the month of July, anno Domini

ordinary unanimity, solemnly declared that the war then existing was not waged on the part of the Government in any spirit of oppression, nor for any purpose of conquest or subjugation, nor purpose of overthrowing or interfering with the rights or established institutions of the States, but to defend and maintain the supremacy of the Constitution, and to preserve the Union with all the dignity, equality, and rights of the several States unimpaired, and that as soon as of the Manual of 1866, and pages 68-74 of the Manual of these objects should be accomplished the war

For other proclamations and orders, see pages 7-18

1867 or 194-200 of the Zombined Manual.

ought to cease;

And whereas the President of the United | free institutions, and exhaustive of the national States, on the eighth day of December, anno resources, and ought not, therefore, to be sanc Domini 1863, and on the twenty-sixth day of tioned or allowed, except in cases of actual necesMarch, anno Domini 1864, did, with the objects sity for repelling invasion, or suppressing insurof suppressing the then existing rebellion, of rection or rebellion; inducing all persons to return to their loyalty, and of restoring the authority of the United States, issue proclamations offering amnesty and pardon to all persons who had directly or indirectly participated in the then existing rebellion, except as in those proclamations was specified and reserved;

And whereas the President of the United States did, on the twenty-ninth day of May, anno Domini 1865, issue a further proclamation with the same objects before mentioned, and to the end that the authority of the Government of the United States might be restored, and that peace, order, and freedom might be established, and the President did, by the said lastmentioned proclamation, proclaim and declare that he thereby granted to all persons who had directly or indirectly participated in the then existing rebellion, except as therein ex cepted, amnesty and pardon, with restoration of all rights of property, except as to slaves, and except in certain cases where legal proceedings had been instituted, but upon condition that such persons should take and subscribe an oath therein prescribed, which oath should be registered for permanent preservation;

And whereas, in and by the said last-mentioned proclamation of the twenty-ninth day of May, anno Domini 1865, fourteen extensive classes of persons, therein specially described, were altogether excepted and excluded from the benefits thereof;

And whereas the President of the United States did, on the second day of April, anno Domini 1866, issue a proclamation declaring that the insurrection was at an end, and was thenceforth to be so regarded;

And whereas there now exists no organized armed resistance of misguided citizens or others to the authority of the United States in the States of Georgia, South Carolina, Virginia, North Carolina, Tennessee, Alabama, Louisiana, Arkansas, Mississippi, Florida, and Texas, and the laws can be sustained and enforced therein by the proper civil authority, State or Federal, and the people of said States are well and loyally disposed, and have conformed, or, if permitted to do so, will conform in their legislation to the condition of affairs growing out of the amendment to the Constitution of the United States prohibiting slavery within the limits and jurisdiction of the United States;

And whereas there no longer exists any reasonable ground to apprehend, within the States which were involved in the late rebellion, any renewal thereof, or any unlawful resistance by the people of said States to the Constitution and laws of the United States;

And whereas large standing armies, military occupation, martial law, military tribunals, and the suspension of the privilege of the writ of habeas corpus and the right of trial by jury, are, in time of peace, dangerous to public liberty, incompatible with the individual rights of the citizen, contrary to the genius and spirit of our

And whereas a retaliatory or vindictive policy, attended by unnecessary disqualifications, pains, penalties, confiscations, and disfranchisements, now, as always, could only tend to hinder reconciliation among the people and national restoration, while it must seriously embarrass, obstruct, and repress popular energies and national industry and enterprise;

And whereas, for these reasons, it is now deemed essential to the public welfare, and to the more perfect restoration of constitutional law and order, that the said last-mentioned proclamation, so as aforesaid issued on the 29th day of May, A. D. 1865, should be modified, and that the full and beneficent pardon conceded thereby should be opened and further extended to a large number of the persons who, by its aforesaid exceptions, have been hitherto excluded from executive clemency:

Now, therefore, be it known that I, Andrew Johnson, President of the United States, do hereby proclaim and declare that the full pardon described in the said proclamation of the 29th day of May, A. D. 1865, shall henceforth be opened and extended to all persons who, directly or indirectly, participated in the late rebellion, with the restoration of all privileges, immunities, and rights of property, except as to property with regard to slaves, and except in cases of legal proceedings under the laws of the United States; but upon this condition, nevertheless: that every such person who shall seek to avail himself of this proclamation shall take and subscribe the following oath, and shall cause the same to be registered for permanent preservation, in the same manner and with the same effect as with the oath prescribed in the said proclamation of the 29th day of May, 1865, namely:

"I,, do solemnly swear, (or affirm,) in presence support, protect, and defend the Constitution of the of Almighty God, that I will henceforth faithfully United States, and the Union of the States thereunder; and that I will, in like manner, abide by and faithfully support all laws and proclamations which have been made during the late rebellion with reference to the emancipation of slaves: So help me God."

The following persons, and no others, are excluded from the benefits of this proclamation, and of the said proclamation of the twenty-nintb day of May, 1865, namely:

First. The chief or pretended chief executive officers, including the President, Vice President, and all heads of departments of the pretended Confederate or rebel Government, and all who were agents thereof in foreign States and countries, and all who held, or pretended to hold, in the service of the said pretended Confederate Government, a military rank or title above the grade of brigadier general, or naval rank or title above that of captain, and all who were or pretended to be Governors of States, while maintaining, aiding, abetting, or submitting to and acquiescing in the rebellion.

Second. All persons who in any way treated otherwise than as lawful prisoners of war persons who in any capacity were employed or en

« AnteriorContinuar »