Imágenes de páginas
PDF
EPUB

And whereas the reasons for that suspension may be regarded as having ceased in some of the States and Territories:

engaged in rebellion against the United States | Government, who are now in close custody, have made their submission to the authority of the United States and applied to the President for Now, therefore, be it known that I, Andrew pardon under his proclamation; and whereas, Johnson, President of the United States, do herethe authority of the Federal Government is suf- by proclaim and declare that the suspension ficiently restored in the aforesaid States to admit aforesaid, and all other proclamations and orders of the enlargement of said persons from close suspending the privilege of the writ of habeas custody, it is ordered that they be released on corpus in the States and Territories of the United giving their respective paroles to appear at such States, are revoked and annulled excepting as to time and place as the President may designate, the States of Virginia, Kentucky, Tennessee, to answer any charge that he may direct to be North Carolina, South Carolina, Georgia, Florida, preferred against them; and also that they will Alabama, Mississippi, Louisiana, Arkansas, and respectively abide until further orders in the Texas, the District of Columbia, and the Territoplaces herein designated, and not depart there-ries of New Mexico and Arizona. from: John A. Campbell, in the State of Alabama; John H. Reagan, in the State of Texas; Alexander H. Stephens, in the State of Georgia; George A. Trenholm, in the State of South Carolina; and Charles Clark, in the State of Mississippi. And if the President should grant his pardon to any of said persons, such person's [L. parole will be thereby discharged.

ANDREW JOHNSON,

In witness 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 first day
of December, in the year of our Lord one
thousand eight hundred and sixty-five,
S.] and of the Independence of the United

States of America the ninetieth.
ANDREW JOHNSON.

WILLIAM H. SEWARD, Secretary of State.

President. By the President: Martial Law Withdrawn from Kentucky, October 12, 1865.

Whereas by a proclamation of the fifth day of July, one thousand eight hundred and sixtyfour, the President of the United States, when the civil war was flagrant, and when combinations were in progress in Kentucky for the purpose of inciting insurgent raids into that State, directed that the proclamation suspending the writ of habeas corpus should be made effectual in Kentucky, and that martial law should be established there and continue until said proclamation should be revoked or modified;

And whereas since then the danger of insurgent raids into Kentucky has substantially passed

away:

Announcing that the Rebellion has ended, April 2, 1866.

Whereas, by proclamations of the fifteenth and nineteenth of April, one thousand eight hundred and sixty-one, the President of the United States, in virtue of the power vested in him by the Constitution and the laws, declared that the laws of the United States were opposed, and the execution thereof obstructed in the States of South Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana, and Texas, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by law;

Now, therefore, be it known that I, Andrew And whereas, by another proclamation made Johnson, President of the United States, by vir- on the sixteenth day of August, in the same tue of the authority vested in me by the Consti-year, in pursuance of an act of Congress approved tution, do hereby declare that the said proclamation of the fifth day of July, one thousand eight hundred and sixty-four, shall be, and is hereby, modified in so far that martial law shall be no longer in force in Kentucky from and after the date hereof.

[blocks in formation]

July thirteenth, one thousand eight hundred and sixty-one, the inhabitants of the States of Georgia, South Carolina, Virginia, North Carolina, Tennessee, Alabama, Louisiana, Texas, Arkansas, Mississippi, and Florida (except the inhabitants of that part of the State of Virginia lying west of the Alleghany mountains, and to such other parts of that State and the other States before named, as might maintain a loyal adhesion to the Union and the Constitution, or might be from time to time occupied and controlled by forces of the United States engaged in the dispersion of insurgents) were declared to be in a state of insurrection against the United States;

And whereas, by another proclamation of the first day of July, one thousand eight hundred and sixty-two, issued in pursuance of an act of Congress approved June 7, in the same year, the insurrection was declared to be still existing in the States aforesaid, with the exception of certain specified counties in the State of Virginia;

Whereas by the proclamation of the President of the United States of the fifteenth day of Sep- And whereas, by another proclamation made tember, one thousand eight hundred and sixty-on the second day of April, one thousand eight three, the privilege of the writ of habeas corpus was, in certain cases therein set forth, suspended throughout the United States;

hundred and sixty-three, in pursuance of the act of Congress of July 13, one thousand eight hundred and sixty-one, the exceptions named in the

proclamation of August 16, one thousand eight to the authority of the United States in the hundred and sixty-one were revoked, and the in- States of Georgia, South Carolina, Virginia, habitants of the States of Georgia, South Carolina, North Carolina, Tennessee, Alabama, Louisiana, North Carolina, Tennessee, Alabama, Louisiana, Arkansas, Mississippi, and Florida, and the laws Texas, Arkansas, Mississippi, Florida, and Vir- can be sustained and enforced therein by the ginia, (except the forty-eight counties of Virginia proper civil authority, State or Federal, and the designated as West Virginia, and the ports of New people of the said States are well and loyally Orleans, Key West, Port Royal, and Beaufort, disposed, and have conformed or will conform in in South Carolina,) were declared to be still in a their legislation to the condition of affairs growstate of insurrection against the United States.ing out of the amendment to the Constitution of And whereas the House of Representatives, the United States, prohibiting slavery within on the 22d day of July, one thousand eight hun- the limits and jurisdiction of the United States ; dred and sixty-one, adopted a resolution in the words following, namely:

"Resolved by the House of Representatives of the Congress of the United States, That the present deplorable civil war has been forced upon the country by the disunionists of the southern States, now in revolt against the constitutional Government, and in arms around the capital; that in this national emergency Congress, banishing all feelings of mere passion or resentment, will recollect only its duty to the whole country; that this war is not waged on our part 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 those 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; that as soon as these objects are accomplished, the war ought to cease.'

And whereas the Senate of the United States, on the 25th day of July, one thousand eight hundred and sixty-one, adopted a resolution in the words following, to wit:

And whereas, in view of the before recited premises, it is the manifest determination of the American people that no State, of its own will, has the right or the power to go out of, or separate itself from, or be separated from the American Union, and that therefore each State ought to remain and constitute an integral part of the United States;

And whereas the people of the several beforementioned States have, in the manner aforesaid, given satisfactory evidence that they acquiesce in this sovereign and important resolution of national unity;

And whereas it is believed to be a fundamental principle of government that people who have revolted, and who have been overcome and subdued, must either be dealt with so as to induce them voluntarily to become friends, or else they must be held by absolute military power, or devastated, so as to prevent them from ever again doing harm as enemies, which last-named policy is abhorrent to humanity and freedom;

And whereas the Constitution of the United States provides for constituent communities only as States and not as Territories, dependencies, provinces, or protectorates;

"Resolved, That the present deplorable civil war has been forced upon the country by the And whereas such constituent States must nedisunionists of the southern States, now in re- cessarily be and by the Constitution and laws of volt against the constitutional Government, and the United States are made equals and placed in arms around the capital; that in this national upon a like footing as to political rights, immuemergency Congress, banishing all feeling of nities, dignity, and power, with the several mere passion or resentment, will recollect only States with which they are united; its duty to the whole country; that this war is And whereas the observance of political equalnot prosecuted on our part in any spirit of op-ity as a principle of right and justice is well calpression nor for any purpose of conquest or sub-culated to encourage the people of the aforesaid jugation, nor purpose of overthrowing or inter-States to be and become more and more constant fering with the rights or established institutions of those States, but to defend and maintain the supremacy of the Constitution and all laws made in pursuance thereof, and to preserve the Union with all the dignity, equality, and rights of the several States unimpaired; that as soon as these objects are accomplished, the war ought to

cease.

And whereas these resolutions, though not joint or concurrent in form, are substantially identical, and as such may be regarded as having expressed the sense of Congress upon the subject to which they relate ;

And whereas, by my proclamation of the thirteenth day of June last, the insurrection in the State of Tennessee was declared to have been suppressed, the authority of the United States therein to be undisputed, and such United States officers as had been duly commissioned to be in the undisputed exercise of their official functions; And whereas there now exists no organized armed resistance of misguided citizens or others

and persevering in their renewed allegiance;

And whereas standing armies, military occupation, martial law, military tribunals, and the suspension of the privilege of the writ of habeas corpus 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 free institutions, and exhaustive of the national resources, and ought not, therefore, to be sanctioned or allowed, except in cases of actual necessity, for repelling invasion or suppressing insurrection or rebellion;

And whereas the policy of the Government of the United States, from the beginning of the insurrection to its overthrow and final suppression, has been in conformity with the principles herein set forth and enumerated:

Now, therefore, I, Andrew Johnson, President of the United States, do hereby proclaim and declare that the insurrection which heretofore existed in the States of Georgia, South Carolina, Virginia, North Carolina, Tennessee,

[blocks in formation]

WM. H. SEWARD, Secretary of State. Order in Relation to Appointments to Office.

EXECUTIVE MANSION, April 7, 1866. It is eminently right and proper that the Government of the United States should give earnest and substantial evidence of its just appreciation of the services of the patriotic men who, when the life of the nation was imperiled, entered the army and navy to preserve the integrity of the Union, defend the Government, and maintain and perpetuate unimpaired its free institutions. It is therefore directed:

First. That in appointments to office in the several executive departments of the General Government and the various branches of the public service connected with said departments, preference shall be given to such meritorious and honorably discharged soldiers and sailors, particularly those who have been disabled by wounds received or diseases contracted in the line of duty, as may possess the proper qualifi

[blocks in formation]

Does the President's recent proclamation remove martial law in this State? If so, Gen. Brannan does not feel authorized to arrest parties who have committed outrages on

[blocks in formation]

Whereas some military commanders are embarrassed by doubts as to the operation of the proclamation of the President, dated the 2d day of April, 1866, upon trials by military courtsmartial and military offenses, to remove such doubts, it is ordered by the President that—

Hereafter, whenever offenses committed by civilians are to be tried where civil tribunals are in existence which can try them, their cases are not authorized to be, and will not be, brought before military courts-martial or commissions, but will be committed to the proper civil authorities. This order is not applicable to camp followers, as provided for under the 60th Article of War, or to contractors and others specified in section 16, act of July 17, 1862, and sections 1 and 2, act of March 2, 1863. Persons and offenses cognizable by the Rules and Articles of War, and by the acts of Congress above cited, will continue to be tried and punished by military tribunals as prescribed by the Rules and Articles of War and acts of Congress, hereinafter cited, to wit:

Sixtieth of the Rules and Articles of War. All sutlers and retainers to the camp, and all persons whatsoever serving with the armies of the United States in the field, though not enlisted soldiers, are to be subject to orders according to the rules and discipline of war.

*

*

*

By order of the Secretary of War:
E. D. TOWNSEND,
Assistant Adjutant General.

Against the Fenian Invasion of Canada, June 6, 1866.

Whereas it has become known to me that cer

freed people or Union refugees. Please answer by telegraph. tain evil-disposed persons have, within the ter

[Answer.]

AVIS TILLSON, Brig. Gen. of Vols.

[blocks in formation]

TO GOVERNOR WORTH, OF NORTH CAROLINA.

WASHINGTON, D. C., April 27, 1866.

TO GOV. WORTH: I am directed by the President to inform

you that by his proclamation of April 2, 1866, it was not intended to interfere with military commissions at that time or previously organized, or trials then pending before such commissions, unless by special instructions the accused were to be turned over the civil authorities. General Ruger has been instructed to proceed with the trial to which you refer; but before the execution of any sentence rendered by

said commission, to report all the proceedings to the War Department for examination and revision. There has been an order this day prepared, and which will soon be issued, which will relieve and settle all embarrassment growing out of a misconstruction of the proclamation, of which I

will send you a copy.

EDWARD COOPER,

Acting Private Secretary to the President.

ritory and jurisdiction of the United States, begun and set on foot, and have provided and prepared, and are still engaged in providing and preparing, means for a military expedition and enterprise, which expedition and enterprise is to be carried on from the territory and jurisdiction of the United States against colonies, districts, and people of British North America, within the dominions of the United Kingdom of Great Britain and Ireland, with which said colonies, districts, and people, and kingdom the United States are at peace;

And whereas the proceedings aforesaid constitute a high misdemeanor, forbidden by the laws of the United States, as well as by the law of nations:

the carrying on of the unlawful expedition Now, therefore, for the purpose of preventing and enterprise aforesaid, from the territory and jurisdiction of the United States, and to maintain the public peace, as well as the nationa honor, and enforce obedience and respect to the

In testimony whereof, I have hereunto set my hand, and caused the seal of the United States to be affixed.

[SEAL.]

Done at the city of Washington the sixth day
of June, in the year of our Lord one
thousand eight hundred and sixty-
six, and of the Independence of the
United States the ninetieth.
ANDREW JOHNSON.

laws of the United States, I, Andrew Johnson,
President of the United States, do admonish and
warn all good citizens of the United States
against taking part in or in any wise aiding,
countenancing, or abetting said unlawful pro-
ceedings, and I do exhort all judges, magistrates,
marshals, and officers in the service of the United
States, to employ all their awful authority and
power to prevent and defeat the aforesaid un-
lawful proceedings, and to arrest and bring to By the President:
justice all persons who may be engaged therein.*
And, pursuant to the act of Congress in such
case made and provided, I do furthermore au-
thorize and empower Major General George G.
Meade, commander of the Military Division of
the Atlantic, to employ the land and naval
forces of the United States and the militia
thereof, to arrest and prevent the setting on
foot and carrying on the expedition and enter-
prise aforesaid.

WILLIAM H. SEWARD, Secretary of State.

Circular to the District Attorneys and Marshals of the
United States.

ATTORNEY GENERAL'S OFFICE, WASHINGTON, D. C., June 5, 1866.--By direction of the President you are hereby instructed to cause the arrest of all prominent, leading, or conspicuous persons called Fenians, whom you may have probable cause to believe have been or may be guilty of violations of the neutrality laws of the United States. JAMES SPEED,

Attorney General.

[ocr errors]

III.

ACTION OF THE CONVENTIONS AND LEGISLATURES OF THE LATELY INSURRECTIONARY STATES.

NORTH CAROLINA.

1865, April 27-Gen. Schofield announced the cessation of hostilities within that State.

April 28-Gen. Schofield issued an order that, under the emancipation proclamation, all persons heretofore held as slaves are now free, and that it is the duty of the army to maintain their freedom.

May 29-William W. Holden appointed Provisional Governor.

June 12-Provisional Governor Holden issued his proclamation announcing his purpose to order an election for a convention, and to appoint justices of the peace to administer the oath of allegiance and conduct the election, &c.

vided they are not included in any of the fourteen excluded classes of the President's amnesty proclamation; and, provided further, that they are citizens of the State in accordance with the terms prescribed in the preceding paragraph.

'No person will be allowed to vote who does not exhibit to the inspectors a copy of the amnesty oath, as contained in the President's proclamation of May 29, 1865, signed by himself and certified by at least two justices of the peace." The convention to meet October 2.

September 29-The colored people of the State met in convention in Raleigh, and petitioned for legislation to secure compensation for labor, and enable them to educate their children, and askJuly President Johnson ordered the cot-ing protection for the family relation, and for ton of the State to be restored to her, and the the repeal of oppressive laws making unjust disproceeds of all that had been sold to be paid to criminations on account of race or color. her agents.

August 8-Provisional Governor Holden fixed Thursday, September 21, for the election of a convention.

Voters' qualifications are thus prescribed: "No person will be allowed to vote who is not a voter qualified as prescribed by the constitution and laws of the State in force immediately before the 20th day of May, 1861, except that the payment of poll tax shall not be required.

[ocr errors]

October 2-Convention met. October 7-The secession ordinance declared "null and void."

October 9-An ordinance passed, declaring slavery forever prohibited within the State.

October 10-Ordinance passed, providing for an election for Governor, members of the Legislature, and seven members of Congress November 9, the Provisional Governor to give the certifi cates. Each member of the Legislature, and All paroled soldiers of the array and navy of each voter to be qualified "according to the now the pretended Confederate States, or of this State, existing constitution of the State" Provided, and all paroled officers of the army and navy of That no one shall be eligible to a seat, or be cathe pretended Confederate States, or of this State, pable of voting, who, being free in all respects, under and including the rank of colonel, if of the shall not, before May 29, 1865, have taken Presiarmy, and under and including the rank of lieu-dent Lincoln's amnesty oath, or have taken Presitenant, if of the navy, will be allowed to vote, pro- dent Johnson's oath, and who shall not in

:

either case be of the excepted classes. All per- | sons who have preferred petitions for pardon shall be deemed to have been pardoned if the fact of being pardoned shall be announced by the Governor, although the pardon may not have been received. The payment of a public tax shall not be required as a qualification of the voter in the elections in November next.

October 12-Convention tabled a proposition to prohibit the payment of the war debt created by the State in aid of the rebellion.

October 16-Ordinance passed, dividing the State into seven congressional districts.

October 17-Resolution adopted, requesting Congress to repeal the "test-oath."

Governor, by a vote of 32,529 to 25,809 for
Prov. Gov. Holden.

December 15-Governor Worth qualified. 1866, May 24-The Convention re-assembled. A motion to adjourn sine die was tabled, 61 to 30.

MISSISSIPPI.

1865, May 10-Governor Clark called an extra session of the Legislature for the 18th, to order a State Convention.

May 21-Major General Canby telegraphed as follows to Major General Warren, commanding the department: "By direction of the President, you will not recognize any officer of the October 18-President Johnson sent this tele- Confederate or State government, within the gram: limits of your command, as authorized to exerEXECUTIVE OFFICE, cise in any manner whatever the functions of WASHINGTON, D. C., October 18, 1865. their late offices. You will prevent, by force if W. W. HOLDEN, Provisional Governor: necessary, any attempt of any of the legislatures Every dollar of the debt created to aid the of the States in insurrection to assemble for rebellion against the United States should be re-legislative purposes, and will imprison any mem

pudiated finally and forever. The great mass of the people should not be taxed to pay a debt to aid in carrying on a rebellion which they in fact, if left to themselves, were opposed to. Let those who have given their means for the obligations of the State look to that power they tried to establish in violation of law, constitution, and will of the people. They must meet their fate. It is their misfortune, and cannot be

bers or other persons who may attempt to exercise these functions in opposition to your orders." June 13-William L. Sharkey appointed Provisional Governor.

mation appointing local officers, and fixing an July 1-Prov. Gov. Sharkey issued a proclaelection for a Convention-August 7th-voters to have these qualifications:

Voters for delegates to this convention must recognized by the people of any State professing tution and laws as they existed prior to the 9th possess the qualifications required by the constithemselves loyal to the government of the United States and in the Union. I repeat that the day of January, 1861, and must also produce a certificate that they have taken, before a comloyal people of North Carolina should be exonerated from the payment of every dollar of in- the proclamation of the 29th of May, 1865, which petent officer, the amnesty oath prescribed by debtedness created to aid in carrying on the rebellion. I trust and hope that the people of certificate shall be attached to or accompanied North Carolina will wash their hands of every-ble as a member of this convention who has not by a copy of the oath, and no one will be eligithing that partakes in the slightest degree of also taken this oath." the rebellion, which has been so recently crushed by the strong arm of the Government in carrying out the obligations imposed by the Constitution of the Union. ANDREW JOHNSON, President of the United States.

October 19-Ordinance passed, that no officer of this State who may have taken an oath of office to support the constitution of the Confederate States, shall be capable of holding under the State any office of trust or profit which he held when he took such oath, until he may be appointed or re-elected to the same; and all the offices lately held by such persons are hereby declared vacant.

October 19-Convention-yeas 84, nays 12— passed an ordinance prohibiting the assumption of the State debt created in aid of the rebellion. An amendment to refer this question to a vote of the people, lost.

November 9-Election of State officers and Representatives in Congress. Same day, ordinances repealing secession ordinance and antislavery ordinance, submitted to popular vote, and approved.

November 13-Legislature met. December 1-The Legislature ratified, with six dissenting voices, the anti-slavery amendment.

December 9-Jonathan Worth declared elected

August 14-Convention met.

August 15-President Johnson sent this tele

gram:

EXECUTIVE OFFICE,

WASHINGTON, D. C., August 15, 1865. Governor W. L. SHARKEY, Jackson, Miss. :

I am gratified to see that you have organized your Convention without difficulty. I hope that without delay your Convention will amend your State constitution, abolishing slavery and denying to all future legislatures the power to legislate that there is property in man; also that they will adopt the amendment to the Constitution of the United States abolishing slavery. If you could extend the elective franchise to all persons of color who can read the Constitution of the United States in English and write their names, and to all persons of color who own real estate valued at not less than two hundred and fifty dollars, and pay taxes thereon, you would completely disarm the adversary and set an example the other States will follow. This you can do with perfect safety, and you thus place the southern States, in reference to free persons of color, upon the same basis with the free States. I hope and trust your convention will do this, and, as a consequence, the radicals, who are wild upon negro franchise, will be completely foiled in their attempt to keep the southern States

« AnteriorContinuar »