« AnteriorContinuar »
ture of the same State ratified it July 21, 1868; the Legislature of North Carolina rejected it December 4, 1866, and the Legislature of the same
Done at the city of Washington, this 28th day of July, in the year of our Lord 1868, and of the independence of the United States of America the ninety
WILLIAM H. Seward,
[For previous certificates see Manual of 1868,
President Johnson's Proclamation of General
Whereas the President of the United States has heretofore set forth several proclamations. offering amnesty and pardon to persons who had been or were concerned in the late rebellion against the lawful authority of the Government of the United States, which proclamations were severally issued on the 8th day of December, 1863, on the 26th day of March, 1864, on the 29th day of May, 1865, on the 7th day of September, 1867, and on the 4th day of July, in the present year;
State ratified it July 4, 1868; the Legislature of [SEAL.]
And whereas the authority of the federal government having been re-established in all the States and Territories within the jurisdiction of the United States, it is believed that such prudential reservations and exceptions as of the dates of said several proclamations were deemed necessary and proper may now be wisely and justly relinquished, and that a universal amnesty and pardon for participation in said rebellion extended to all who have borne any part therein will tend to secure permanent peace, order, and prosperity throughout the land, and to renew and fully restore confidence and fraternal feeling among the whole people, and their respect and attachment to the national government, designed by its patriotic founders for general good:
Now, therefore, be it known that I, William H. Seward, Secretary of State of the United States, in execution of the aforesaid act, and of Now, therefore, be it known that I, ANDREW the aforesaid concurrent resolution of the 21st JOHNSON, President of the United States, by virof July, 1868, and in conformance thereto, do tue of the power and authority in me vested by hereby direct the said proposed amendment to the Constitution, and in the name of the soverthe Constitution of the United States to be pub-eign people of the United States, do hereby prolished in the newspapers authorized to promul- claim and declare unconditionally, and without gate the laws of the United States, and I do reservation, to all and to every person who dihereby certify that the said proposed amend rectly or indirectly participated in the late insurment has been adopted in the manner herein-rection or rebellion, a full pardon and amnesty before mentioned by the States specified in the for the offence of treason against the United said concurrent resolution, namely, the States of States, or of adhering to their enemies during Connecticut, New Hampshire, Tennessee, New the late civil war, with restoration of all rights, Jersey, Oregon, Vermont, New York, Ohio, privileges, and immunities under the ConstituIllinois, West Virginia, Kansas, Maine, Nevada, tion and the laws which have been made in purMissouri, Indiana, Minnesota, Rhode Island, suance thereof. Wisconsin, Pennsylvania, Michigan, Massachu setts, Nebraska, Iowa, Arkansas, Florida, North Carolina, Louisiana, South Carolina, Alabama, and also by the Legislature of the State of Georgia; the States thus specified being more than three-fourths of the States of the United
And I do further certify, that the said amendment has become valid to all intents and purposes as a part of the Constitution of the United States.
In testimony whereof I have hereunto set my hand and caused the seal of the Department of State to be affixed.
In testimony whereof I have signed these presents with my hand. and have caused the seal of the United States to be hereunto affixed. Done at the city of Washington, the 25th day
of December, in the year of our Lord [SEAL.] United States of America the ninety1868, and of the independence of the
By the President:
F. W. SEWARD,
Acting Secretary of State. [For previous proclamations of amnesty, see Manual of 1867, p. 9; Manual of 1868, pp. 82-84, or Hand-Book of Politics, pp. 9, 342-344.]
Message Respecting this Proclamation, January | bellion against the same, or given aid or com
To the Senate of the United States: •
The resolution adopted on the 5th instant, requesting the President to transmit to the Senate a copy of any proclamation of amnesty made by him since the last adjournment of Congress, and also to communicate to the Senate by what authority of law the same was made," has been received.
I accordingly transmit herewith a copy of a proclamation dated the 25th day of December last. The authority of law by which it was made is set forth in the proclamation itself, which expressly affirms that it was issued "by virtue of the power and authority in me vested by the Constitution and in the name of the sovereign people of the United States," and proclaims and declares "unconditionally, and without reservation, to all and to every person who directly or indirectly participated in the late insurrection or rebellion, a full pardon and amnesty for the offence of treason against the United States, or of adhering to their enemies during the late civil war, with restoration of all rights, privileges, and immunities under the Constitution, and the laws which have been made in pursuance thereof."
The federal Constitution is understood to be, and is regarded by the Executive, as the supreme law of the land. The second section of article second of that instrument provides that the President "shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment." The proclamation of the 25th ultimo is in strict accordance with the judicial expositions of the authority thus conferred upon the Executive, and, as will be seen by reference to the accompanying papers, is in conformity with the precedent established by Washington in 1795, and followed by President Adams in 1800, Madison in 1815, and Lincoln in 1863, and by the present Executive in 1865, 1867, and 1868.
ANDREW JOHNSON. WASHINGTON, D. C., January 18, 1869. President Grant's Proclamation for the Election in Virginia, May 14, 1869.
In pursuance of the provisions of the act of Congress approved April 10, 1869, I hereby designate the 6th day of July, 1869, as the time for submitting the constitution passed by the convention which met in Richmond, Virginia, on Tuesday, the 3d day of December, 1867, to the voters of said State registered at the date of such submission, viz., July 6, 1869, for ratification or rejection.
And I submit to a separate vote the fourth clause of section 1, article III, of said constitution, which is in the following words:
Every person who has been a senator or representative in Congress, or elector of President or Vice-President, or who held any office, civil or military, under the United States, or under any State, who, having previously taken an oath as a member of Congress, 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, shall have engaged in insurrection or re
fort to the enemies thereof This clause shall include the following officers: Governor, lieutenant governor, secretary of State, auditor of public accounts, second auditor, register of the land office, State treasurer, attorney general, sheriffs, sergeant of a city or town, commissioner of the revenue, county surveyor, constables, overseers of the poor, commissioner of the board of public works, judges of the supreme court, judges of the circuit court, judge of the court of hustings, justices of the county courts, mayor, recorder, aldermen, councilmen of a city or town, coroners, escheators, inspectors of tobacco, flour, &c., and clerks of the supreme, district, circuit, and county courts, and of the court of hustings, and attorneys for the Commonwealth; provided that the legislature may, by a vote of three fifths of both houses, remove the disabilities incurred by this clause from any person included therein by a separate vote in each case.
And I also submit to a separate vote the 7th section of article III of the said constitution, which is in the words following:
In addition to the foregoing oath of office, the governor, lieutenant governor, members of the General Assembly, Secretary of State, auditor of public accounts, State treasurer, attor. ney general, and all persons elected to any convention to frame a constitution for this State, or to amend or revise this constitution in any manner, and the mayor and council in any city or town shall, before they enter on the duties of their respective offices, take and subscribe to the following oath or affirmation, provided the disabilities therein contained may be individually removed by a three-fifths vote of the General Assembly: "I,, 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 or accepted, or 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." The above oath shall also be taken by all the city and county officers before entering upon their duties, and by all other State officers not included in the above provis ion.
I direct the vote to be taken upon each of the above-cited provisions alone, and upon the other portions of the said constitution in the following manner, viz.:
Each voter favoring the ratification of the con
stitution (excluding the provisions above quoted) | do hereby declare and proclaim, that on and as framed by the convention of December 3, 1867, shall express his judgment by voting
FOR THE CONSTITUTION.
Each voter favoring the rejection of the constitution (excluding the provisions above quoted) shall express his judgment by voting
AGAINST THE CONSTITUTION.
Each voter will be allowed to cast a separate ballot for or against either or both of the provisions above quoted.
In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the city of Washington, this 14th day of May, in the year of our Lord 1869, [SEAL.] and of the independence of the United States of America the ninety-third. U. S. GRANT.
By the President:
Respecting Wages of Labor, May 19, 1869. Whereas the act of Congress, approved June 25, 1868, constituted on and after that date eight hours a day's work for all laborers, workmen, and mechanics employed by or on behalf of the Government of the United States, and repealed all acts and parts of acts inconsistent therewith: Now, therefore, I, Ulysses S. Grant, President of the United States, do hereby direct that, from and after this date, no reduction shall be made in the wages paid by the Government by the day to such laborers, workmen, and mechanics on account of such reduction of the hours of labor. In testimony whereof I have hereto set my hand and caused the seal of the United States to
Done at the city of Washington, this 19th day of May, in the year of Lord 1869, and [SEAL.] of the independence of the United States the ninety-third.
By the President:
U. S. GRANT.
after this date, so long as merchandize imported from countries of its origin into French ports in vessels belonging to citizens of the United States aforesaid, the discriminating duties heretofore is admitted into French ports on the terms levied upon merchandize imported from the countries of its origin into ports of the United States in French vessels shall be, and are hereby, discontinued and abolished.
In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed.
Done at the city of Washington, this 12th day
By the President:
Secretary of State.
The following is the official notification containing the evidence upon which the foregoing proclamation was issued:
LEGATION OF FRANCE TO THE U. S.,
WASHINGTON, June 12, 1869. MR. SECRETARY OF STATE: In conformity with the desire expressed in the note addressed by you to M. Berthemy, of the 19th of March last, I have requested of the Emperor's government to be informed by telegraphic dispatch of the abolition of discriminating duties on merchandize imported into France from the countries of its origin in American vessels.
I have the honor to send you herewith a copy of the notice which I have just received on this subject from his excellency the Minister of Foreign Affairs. This shows that discriminating pire under the American flag have been abolished duties upon merchandize imported into the emfrom and after the 12th of June, 1869. Consequently, pursuant to what has been agreed between us, I pray your excellency to have the goodness to take the necessary measures in order that reciprocal treatment may at once be granted France by the Government of the United States. Accept, Mr. Secretary of State, the assurances
Relative to Duties upon Merchandize in French of my high consideration.
Vessels, June 12, 1869.
Whereas satisfactory evidence has been received by me from his majesty the Emperor of France, through the Count Faverney, his chargé d'affaires, that on and after this date the discriminating duties heretofore levied in French ports upon merchandize imported from the countries of its origin in vessels of the United States are to be discontinued and abolished:
Now, therefore, I, U. S. Grant, President of the United States of America, by virtue of the authority vested in me by an act of Congress of the 7th day of January, 1824, and by an act in addition thereto of the 24th day of May, 1828,
COUNT DE FAVERNEY. Secretary of State.
RECEIVED IN WASHINGTON JUNE 12.
To the Chargé d'Affaires of France, Washington: Discriminating duties on merchandize imported from the countries of its origin in American vessels have this day been discontinued in the ports of the empire. Ask for reciprocity.
THE MINISTER for Foreign Affairs.
ORDERS AND PAPERS ON RECONSTRUCTION.
ADDITIONAL MILITARY ORDERS UNDER THE RECONSTRUCTION ACTS, AND THE NEW CONSTITUTION OF TEXAS.
Orders and Papers relating to Reconstruction, to the command. Headquarters at New Orand General Action under the Reconstruction Laws.*
HEADQUARTERS OF THE ARM7,
ADJUTANT GENERAL'S OFFICE,
General Orders, No. 55:
The following orders from the War Depart ment, which have been approved by the President, are published for the information and government of the army and of all concerned: The commanding generals of the second, third, fourth, and fifth military districts having officially reported that the States of Arkansas, North Carolina, South Carolina, Louisiana, Georgia, Alabama, and Florida have fully complied with the acts of Congress known as the reconstruction acts, including the act passed June 22, 1868, entitled "An act to admit the State of Arkansas to representation in Congress," and the act passed June 25, 1868, entitled
An act to admit the States of North Carolina, South Carolina, Louisiana, Georgia, Alabama, and Florida to representation in Congress," and that, consequently, so much of the act of March 2, 1867, and the acts supplementary thereto, as provide for the organization of military districts, subject to the military authority of the United States, as therein provided, has become inoperative in said States, and that the commanding generals have ceased to exercise in said States the military powers conferred by said acts of Congress: therefore, the following changes will be made in the organization and command of military districts and geographical departments:
1. The second and third military districts having ceased to exist, the States of North Carolina, South Carolina, Georgia, Alabama, and Florida, will constitute the department of the South; Major General George G. Meade to command. Headquarters at Atlanta, Georgia.
II. The fourth military district will now consist only of the State of Mississippi, and will continue to be commanded by Brevet Major General A. C. Gillem.
III. The fifth military district will now consist of the State of Texas, and will be commanded by Brevet Major General J. J. Reynolds. Headquarters at Austin, Texas.
leans, Louisiana. Until the arrival of General Rousseau at New Orleans, Brevet Major General Buchanan will command the department.
V. Brevet Major General George Crooke is assigned, according to his brevet of major general, to command the department of the Columbia, in place of Rousseau, relieved.
VI. Brevet Major General E. R. S Canby is reassigned to command the department of Washington.
VII. Brevet Major General Edward Hatch, colonel 9th cavalry, will relieve General Buchanan as assistant commissioner of the Bureau of Refugees, Freedmen, and Abandoned Lands in Louisiana.
By command of General Grant.
E. D. TOWNSEND, Assistant Adjutant General ATTORNEY GENERAL'S OFFICE, August 20, 1868.
ALEXANDER MAGRUDER, Esq.,
United States Marshal Northern District
of Florida, St. Augustine, Florida. SIR: Your letter of the 12th instant reached mo yesterday, and has received an attentive consideration. Colonel Sprague's information to you must have been based upon his own construction of General Meade's order lately issued, and not upon any special instructions from the President to Colonel Sprague, through General Meade or otherwise, as no such special instructions have been issued by the President. You add: "Under some circumstances I should be glad to have the aid of the military, and, if practicable, would be pleased to have instructions given to the military to aid me when necessary. I ask this, as Colonel Sprague informs me under his instructions he cannot do so."
This desire and request for the aid of the military under certain circumstances I understand to refer to the occasional necessity which may arise that the marshal should have the means of obtaining the aid and assistance of a more considerable force than his regular deputies supply for execution of legal process in his district.
The 27th section of the judiciary act of 1789 establishes the office of marshal, and names among his duties and powers the following: IV. The States of Louisiana and Arkansas" And to execute throughout the district all lawwill constitute the department of Louisiana. Brevet Major General L. H. Rousseau is assigned Continuation of the record from p. 346 Hand-Book of Politics for 1868, or p. 87 Political Manual of 1868.
ful precepts directed to him and issued under the authority of the United States, and he shall have power to command all necessary assistance in the execution of his duty, and to appoint, as
there may be occasion, one or more deputies."(1st ¶ 87.)
You will observe from this that the only measure of the assistance which you have power to command is its necessity for the execution of your duty, and upon your discreet judgment, under your official responsibility, the law reposes the determination of what force each particular necessity requires. This power of the marshal is equivalent to that of a sheriff, and with either embraces, as a resort in necessity, the whole power of the precinct (county or district) over which the officer's authority extends. In de fining this power Attorney General Cushingand, as I understand the subject, correctlysays it "comprises every person in the district or county above the age of fifteen years, whether civilians or not, and including the military of all denominations-militia, soldiers, marines-all of whom are alike bound to obey the commands of a sheriff or marshal."
While, however, the law gives you this "power to command all necessary assistance," and the military within your district are not exempt from obligation to obey, in common with all the citizens, your summons, in case of necessity, you will be particular to observe that this high and responsible authority is given to the marshal only in aid of his duty "to execute throughout the district all lawful precepts directed to him and issued under the authority of the United States," and only in case of necessity for this extraordinary aid. The military persons obeying this summons of the marshal will act in subordination and obedience to the civil officer, the marshal, in whose aid in the execution of process they are called, and only to the effect of securing its execution.
The special duty and authority in the execution of process issued to you must not be confounded with the duty and authority of suppressing disorder and preserving the peace, which, under our Government, belongs to the civil authorities of the States, and not to the civil authorities of the United States. Nor are this special duty and authority of the marshal in executing process issued to him to be confounded with the authority and duty of the President of the United States in the specific cases of the Constitution and under the statutes to protect the States against domestic violence, or with his authority and duty under special statutes to employ military force in subduing combinations in resistance to the laws of the United States; for neither of these duties or authorities is shared by the subordinate officers of the Government, except when and as the same may be specifically communicated to them by the President.
which the marshals of the United States are expected to perform, and a reinforcement of their power by extraordinary means is permitted by the law only in extraordinary emergencies.
If it shall be thought that any occasion at any time exists for instructions to the military authorities of the United States within any of the States in connection with the execution of process of the courts of the United States, these instructions will be in accordance with the exigency then appearing.
I am, sir, very respectfully, your obedient servant, WM. M. EVARTS,
HEADQUARTERS OF THE ARMY,
Major General G. G. MEADE, U. S. A.,
The letter to General Buchanan indicates the conditions under which the military power of the United States may be employed to suppress insurrection against the government of any State, and prescribes the duties of the department commander in reference thereto.
The letter of the Attorney General sets forth the conditions under which the marshals and sheriffs may command the assistance of the troops in the respective districts or counties to execute lawful precepts issued to them by competent authority.
The obligation of the military, (individual officers and soldiers,) in common with all citizens, to obey the summons of a marshal or sheriff, must be held subordinate to their paramount duty as members of a permanent military body. Hence the troops can act only in their proper organized capacity, under their own officers, and in obedience to the immediate orders of their officers. The officer commanding troops summoned to the aid of a marshal or sheriff must also judge for himself, and upon his own official responsibility, whether the service required of him is lawful and necessary, and compatible with the proper discharge of his ordinary miliI have thus called your attention to the gen-tary duties, and must limit the action absolutely eral considerations bearing upon the subject to which your letter refers, for the purpose of securing a due observance of the limits of your duty and authority in connection therewith. Nothing can be less in accordance with the nature of our Government or the disposition of our people than a frequent or ready resort to military aid in the execution of the duties confided to civil officers. Courage, vigor, and intrepidity are appropriate qualities for the civil service
to proper aid in execution of the lawful precept exhibited to him by the marshal or sheriff.
If time will permit, every demand from a civil officer for military aid, whether it be for the execution of civil process or to suppress insurrection, shall he forwarded to the President, with all the material facts in the case, for his orders; and in all cases the highest commander whose orders can be given in time to meet the emergencies will alone assume the responsibility of action.