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XXXVII. Members of Cabinet of President John- from Headquarters of the Army as to Sentences
son and of 40th Congress, 3d Session ...........1-2 by Courts Martial; Re-assigning certain Gene

rals to Military Districts--Orders of Generals

XXXVIII. President Johnson's last Annual Mes-

Terry, Stoneman, Webb, and Canby (including

sage, December 7, 1868 ......


the latter's Test-oath Letter) in First Military
Reconstruction and other controverted sub-

District-Of General Canby in Second Dis-

trict-of General Meade in the Third-General

Orders in the Fourth--Orders of Generals Rey.
XXXIX. Political Votes, 40th Congress, 3d Ses-

nolds and Canby in the Fifth-New Constitu-

tion of Texas.

sion - Condemnation of President Johnson's

proposition respecting payment of the Public

.9-16 XLV. Judicial Decisions-Opinion of Attorney
Concierpnatory resolutions in the Senate and General on Jurisdiction of Military Commis-
Hous.--Vote on Minority Representation-Re-


moval of Disabilities by General Act-Repre-

On Right of a State to Tax Passengers passing
sentetion of Georgia--Counting the Electoral

through it-State Taxation of United States Cer-

tificates of Indebtedness-State Taxation of
Vote-Bill for further Security of Equal Rights
in District of Columbia-Bill to Strengthen

United States Notes-Clause making United
Public Credit-Tenure-of-Office Act.

States Notes a Legal Tender for Debts has no

reference to State taxes-Express Contracts to

XL. XVth Constitutional Amendment...........17-24

pay Coined Dollars can only be satisfied by

The Final Vote in Congress-House Joint Res.

payment of Coined Dollars-Status of State of

Texas---McCardle Case-Cacar Griffin (Vir-

olution (II. R. 402.) and Proceedings thereon

ginia) Case-Can a Negro hold Office in Georgia?

in both House and Senate-Senate Joint Reso-

-Intermarriage of White and Colored Persons

lution (S. 8,) and Proceedings thereon in both

in Georgia-Opinion of Attorney General Hoar


as to Jurisdiction of Military Commissions in


XLI. Members of Cabinet of President Grant

and of 41st Congress...


XLVI. Stato Platforms of 1869.... ....96-106

California-Iowa, Mississippi-Ohio-Pennsyl-

XLII. Political Votes in 1st Session of 41st Con-

vania-Vermont-Virginia-Washington Ter.




Additional Reconstruction Legislation-Final

Votes on Virginia, Mississippi, and Texas Elec-

XLVII. Votes of State Legislatures on proposed

tion Bill--Previous Votes-Mississippi Bill-

XVth Amendment to Constitution of United

Public Credit Act- Amendment to Tenure-of-



Ollice Act-On Effect of the XVth Amendment

Yeas and Nays-Arkansas-Connecticut-Dela-

as to Mongolians.

ware-- Florida-Georgia -Illinois - Indiana-

Kansas -Kentucky-Louisiana-Maine-Mag-

XLIII. Prosident Grant's Inaugural Address, sachusetts - Michigan - Missouri - Nevada-

and Message on Reconstruction, and Official

New Hampshire-New Jersey - New York-

Proclamations of the Year......


North Carolina-Ohio-Pennsylvania-Rhode

President Grant's Inaugural Address-His Mes-

Island South Carolina-West Virginia-Wis-
sage respecting the Reconstruction of Vir-


ginia and Mississippi-Final Certificate of Sec-

retary Seward respecting Ratification of XIVth

XLVIII Statistical Tables..


Amendment-President Johnson's Proclama-

Presidential Election Returns, (Electoral and
tion of General Amnesty, December 25, 1868–

PopularVote-Official Statement of Public Debt

President Grant's Virginia Election-Proclama-

of United States, July, 1869.

tion-Respecting Wages of Labor-Relative to

Duties upon Merchandize in French Vessels.

XLIX. Miscellaneous Matters...... ..121-124

General Sherman's Letter as to the surrender of

XLIV. Orders on Reconstruction-Additional General Joseph E. Johnston-Mississippi Elec-

Military Orders under Reconstruction Acts tion Proclamation-Texas Election Proclama-
-New Constitution of Texas....

-40-50 tion-Female Suffrage in Massachusetts and
Orders from War Department making changes in Cengress-Proposed Religious Amendment
in organization and command of Districts and

to United States Constitution -- Elections of
Departments---Attorney General Evarts' Leiter

1869 in New Hampshire, Rhode Island, Cou-
as to Military Aid to United States Marshals, necticut, Michigan, Virginia, and Washington
Instructions to General Meade as to Military Territory - Daniel's Virginia Election Dis-
Aid to Civil Authorities of Georgia-Orders







PRESIDENT JOHNSON'S CABINET. Arkansas--Alexander McDonald, Benjamin F.

Rice. Secretary of State-WILLIAM H. SEWARD, of New Michigan-Zachariah Chandler, Jacob M. HowYork.

ard. Secretary of the TreasuryHugo McCULLOCH, of Florida-Adonijah S. Welch, Thomas W. Osborn. Indiana.

Iowa–James W. Grimes, James Harlan Secretary of War-John M. SCHOFIELD, of New Wisconsin-James R. Doolittle, Timothy 0. York.

Howe. Secretary of the Navy-GIDEON WELLES, of Con. California - John Conness, Cornelius Cole. necticut.

Minnesota - Alexander Ramsey, Dan'l S. Norton. Postmaster General-ALEXANDER W. Randall, Oregon-George H. Williams, Henry W_ Corbett. of Wisconsin.

Kansas-Elmund G. Ross, Samuel C Poineroy. Attorney General-WILLIAZ M. Evarts, of New West Virginia–Peter G. Van Winkle, Waitmán York.

T. Willey.

Nevada, William M. Stewart, James W. Nye. MEMBERS OF THE FORTIETH CONGRESS.

Nebraska-Thomas W. Tipton, John M. Thayer. Third Session, December 7, 1868—March 3, 1869.

House of Representatives.

SCHUYLER COLFAX, of Indiana, Speaker. BENJAMIN F, WADE, of Ohio, President of the Filward McPherson, of Pennsylvania, Clerk. Senate, and Acting Vice President.

Maine-John Lynch, Sidney Perbam, James G. George C Gorham, of California, Secretary. Blaine, John X. Peters, Frederick A. Pike. Muine-Lot M. Morrill, William Pitt Fessenden. New Hampshire-Jacob H. Ela, Aaron F. SteNew Hampshire-Aaron H. Cragin, James W. vens, Jacob Benton. Patterson.

Vermont-Frederick E. Woodbridge, Luke P. Vermont-George F. Edmunds. Justin S. Morrill. Polan.1, Worthington C. Smith. Massachusetts-Charles Sumner, Henry Wilson. Massachusetts - Thomas D. Eliot, Oakes Ames, Rhode Island-William Sprague, Henry B. An- Ginery Twichell, Samuel Hooper, Benjamin thony.

F. Bútler, Nathaniel P. Banks, George S. Connecticut-James Dixon, Orris 2. Ferry. Boutwell. John D. Baldwin, William B. WashNew York-Edwin D. Morgan, Roscoe Conkling. burn, Henry L. Dawe.. New Jersey-Frederick T. Frelioghuysen, Alex- Rhode Island—Thomas A. Jenckes, Nathan F. ander G. Cattell

Dixon. Pennsylvania-Charles R. Buckalew, Simon Connecticut-Richard D. Hubbard, Julius HotchCameron.

kiss, Henry H. Stark weather, William H. Delaware-James A. Bayard, Willard Saulsbury. Barnum. Maryland–William Pinckney Whyte, George New York - Stephen Taber. Demas Barnes, WilVickers.

liam E. Robinson, John Fox, John Morrissey, North Carolina-John C. Abbott, John Pool. Thoinas E Stewart, Joho W. Chanler, James South Carolina—Thomas J. Robertson, Frederick Brooks, Fernando Wood, Williain II. RobertA. Sawyer.

son. Charles H. Van Wyck, John H Ketcham, Alabama Willard Warner, George E. Spencer. Thomas Cornell, John V. L. Pruyn, John A. Louisiana-John 8 Harris, William P. Kellorg. Griswold, Orange Ferriss, Calvin T Bulburd Ohio-Benjamin F. Wade. John Sherman. Jaines M. Marvin, William C. Fields, Addison Kentucky - Thomas C McCreery, Garrett Davis. H. Lathin, Alexander H. Bailey, John C. Tennessee-David T. Patterson, Joseph S. Fowler. Churchill Dennis McCarthy, Theodore M. Indiana- Thomas A. Hendricks, Oliver

Pomeroy, William H. Kelsey, William S. Lin.

coln, Hamilton Ward, Lewis Selye, Burt Van Illinois-Richard Yates Lyman Trumbull. Horn, James M. Humphrey, Ilenry Van Missouri—John B. Henderson, Charles D. Drake. Aeroam.



New Jersey-William Moore, Charles Haight, Thomas L. Jones, James B. Beck, George M.

Charles Sitgreaves, John Hill, George A. Hal. Adams, Samuel McKee. sey

Tennessee -- Roderick R. Butler, IIorace MayPennsylvania ---Samuel J. Randall, Charles O'. nard, William B. Stokes, James Mullins John

Neill, Leonard Myers, William D. Kelley, Ca- Trimble, Samuel M. Arnell, Isaac R. Hawkins,
leb N. Taylor, Benjamin M. Boyer, Jolin M. David A. Nunn.
Broomall, J. Lawrence Getz, O. J. Dickey, * Indiana - William E. Niblack, Michael C. Kerr,
Henry L. Cake, Daniel M. Van Auken, George Morton C. Ilunter, William S. Holman, George
W. Woodward, Ulveses Mercur, George F. W. Julian, John Coburn, Henry D. Washburn,
Miller, Adam J. Glossbrenner, William H. Godlove S. Orih. Schuyler Colfax, William
Koontz, Daniel J. Morrell, Stephen F. Wilson, Williams, John P. C Shanks.
Glenni W. Scofield, S Newton Pettis. † Jolin Illinois-Norman B. Judd, John F. Farnsworth,
Covode. James K. Moorhead, Thomas Wil. Ellibu B. Washburne, Abner C. Harding, Ebon
liams George V. Lawrence.

C. Ingersoll, Burton C. Cook, Ilenry P. H. Delaware-John A. Nicholson.

Bronwell, Shelby M. Cullom, Lewis W Ross, Maryland—Hiram McCullough, Stevenson Arch- Albert G. Burr, Samuel S. Marshall Jehu Ba

er, Charles E. Phelps, Francis Thomas, Fred- ker, Green B. Raum, John A. Logan. eri k stone.

Missouri - William A. Pile. Carman A Newcomb, North Carolina-John R. French, David Ileaton, James R. McCormick, Joseph J Gravely, John

Oliver II Dockery, John T. Deweese, Israel II. Stover,* Robert T. Van Horn, Benjamin G Lash, Nathaniel Boyden, Alexander H. F. Loan, John F. Benjamin, George W. AnJones.

derson. South Carolina–B. F. Whittemore, C. C. Bowen, Arkansas-Logan H. Roots, James T. Elliott, Simeon Corley, James II. Goss.

Thomas Boles. Georyia-J. W. Clift, Nelson Tist, W. P. Ed. Michigan-Fernando C. Beaman. Charles Upson,

wards, Samuel F. Gove, C. II. Prince, (vacan- Austin Blair. Thomas W. Ferry, Rowland E. cy.) PM, B. Young.

Trowbridge, John F. Driggs. Alabilma- Francis W. Kellogg, Charles W Florida-Charles M. Hamilton.

Buckley, Benjamin W. Norris, Charles W. Iowa-James F. Wilson, Hiram Price, William

Pierce, John B. Callis, Thomas IIaughey. B. Allison, William Loughridge, Grenville Louisiana-J. Hale Sypher, (vacancy;) Joseph M. Dodge, Asahel W. Hubbard.

P. Newsham, Michel Vidal, W. Jasper Black | Wisconsin-Halbert E Paine, Benjamin F. Hopburn.

kins, Arnasa Cohb, Charles A. Eldridge, PhileOhio-Benjamin Eggleston, Samuel F. Cary, tus Sawyer, Cadwalader C. Washburn.

Robert C. Schenck, William Lawrence, Wii California—Samuel B. Axtell, William Higby, liam Mungen, Reader W. Clarke, Samuel Shel- James A. Johnson. laburger, Jolin Beatty, Ralph P. Buckland, Minnesota— William Windom, Ignatius DonJames M. Ashley, Jolin T. Wilson, Philadelph nelly. Van Trump. Columbus Delano, Martin Welker, Oregon – Rufus Mallory. Tobias A. Plants, John A. Bingham, Ephraim Kunsas-Sidney Clarke. R. Eckley, Rufus P. Spalding, James A. Gar- West Virginia-Chester D. Hubbard, Bethuel fird.

M. Kitchen, Daniel Polsley. KentuckyLawrence S. Trimble, (vacancy,) J. Nerada–Delos R. Ashley.

S Golladay, J. Proctor Knott, Asa P. Grover, Nebraska--John Taff3.

* In place of Thaddeus Stevens, deceased.

* In place of Joseph W. McClurg, resigned. † In place of Darwin A. Finney, deceased.



DECEMBER 7, 1868.


The following extracts relate to reconstruction (ganized condition under the various laws which aud other controverted subjects :

have been passed upon the subject of recon. Fellow-Citizens of the Senate

It may be safely assumed, as an axiom in and House of Representatives : the government of States, that the

est Upon the reassembling of Congress, it again wrongs inflicted upon a people are caused by becoines my duty to call your attention to the unjust and arbitrary legislation, or by the unstate of the Union, and to its continued disor-relenting decrees of despotic rulers, and that

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the timely revocation of injurious and oppress- tion as near completion as was within the scope ive measures is the greatest good that can be of its authority, and the nation was encouraged conferred upon a nation, The legislator or by the prospect of an early and satisfactory adruler who has the wisdom and magnanimity to justmentof all its difficulties. Congress, however, retrace his steps, when convinced of error, intervened, and, refusing to perfect the work so will sooner or later be rewarded with the nearly consummated, declined to admit members respect and gratitude of an intelligent and from the unrepresented States, adopted a series patriotic people.

of measures which arrested the progress of res. Our own history, although embracing a period toration, frnstrated all that had been so successless than a century, affords abundant proof that fully accomplished, and after three years of most, it not all, of our domestic troubles are agitation and strife has left the country further directly traceable to violations of the organic from the attainment of union and fraternal law and.excessive legislation. The most striking feeling than at the inception of the congressillustrations of this fact are furnished by the ional plan of reconstruction. It needs enactinents of the past three years upon the argument to show that legislation which has question of reconstruction. After a fair trial produced such baneful consequences should be they have substantially failed and proved per- abrogated, or else inade to conform to the nicious in their results, and there seeins to be no genuine principles of republican government. good reason why they should reinain longer upon Under ihe influence of party passion and secthe statutc-book. States to which the Constitutional prejudice, other acis have been passed not tion guaranties a republican form of government warrantei by the Constitution. Congress has have been reduced to military dependencies, in already been made familiar with my views reseach of which the people have been made sub pecting the ': tenure of office bill." Experience ject to the arbitrary will of the commanding has proved that its repeal is demanded by the general. Although the Constitution requires best in:erests of the country, and that while it that each State shall be represented in Congress, remains in force the President cannot enjoin Virginia, Mississippi, and Texas are yei ex: that rigid accountability of public officers so cluded from the two llouses, and, contrary to essential to an honest and efficient execution of the express provisions of that instrument, were the laws. Its revocation would enable the denied participation in the recent election for executive department to exercise the power of a Prerident and Vice President of the United appointment and removal in accordance with States The attempt to place the white popula- the original design of the Federal Constitution. tion under the domination of persons of color The act of March 2, 1867, making appropriin the Sonth has impaired, if not destroyed, the ations for the support of the army for the year kindly relations that had previously existed be: ending June 30, 1868, and for other purposes, tween them; and mutual distrust has engendered contains provisions which interfere with the a feeling of animosity which, leading in some President's constitutional functions as Cominstances 10 collision and bloodshed. has pre- mauder in Chief of the Army, and deny to vented that co operation between the two races States of the Union the righi to protect themso essential to the success of industrial enter- selves by means of their own militia. These prises in the Southern States. Nor have the provisions should be at once annulled; for while inbabitants of those States alone suffered froin ihe first might, in times of great emergency, the disturbed condition of aff:virs growing out seriously embarrass the Executive in efforts to of these congressional enactments. The entire employ and direct the common strengih of the Union has been agitated by grave apprehensions nation for its protection and preservation, the of troubles which might again involve the peace other is contrary to the express declaration of of the nation; its interests have been injuriously the Constitution, that, "a well regulated inilitia affecied by the derangement of business and being necessary to the security of a free State, labor and the consequent want of prosperity the right of the people to keep and bear arins throughout that portion of the country. shall not be infringed."

The Federal Constitution—the magna charta It is believed that the repeal of all such laws of American rights, under whose wise and salu would be accepted by the American people as tary provisions we have successfully conducted at least a partial return to the fundamental all our domestic and foreign affairs, sustained principles of the Government, and an indication ourselves in peace and in war, and become a great that bereafter the Constitution is to be made the nation among the Powers of the earth-must nation's sata and unerring guide. They can be assuredly be now adequate to the settlement of producuve of no permanent benefit to the counquestions growing out of the civil war waged iry, and should not be permitted to stand as so alone for its vindication. This great fact is many monuments of the deficient wisdom wlich made most manifest by the condition of the bas characterized our recent legislation. country whern Congress assembled in the month The condition of our finances d-inands the of 1-einber, 1865. Civil sirile bad ceased; the early and earnest consideration of Congress. spirit of rebellion had spent its entire force; in compared with the growth of our population, the the southern States the people had warmed into public expenditures bave reached an amount national life, and throughout the whole country unprecedented in our bistory. a healthy reaction in public sentiment band The population of the United States in 1790 taken place By the application of the simple was nearly four millions of people. Increa-ing yet effective provisions of the Constitution ile each decade about thirty thren per cent., it executive department, with the voluntary aid reached in 1860 сhiriy one millions—an increase of the States, bad brought the work of restora- of seren bundred per cent. on the population in

nine years.


1790. In 1869 it is estimated that it will reach | $372,000,000, estimated as necessary for the fiscal thirty-eight millions, or an increase of eight year ending the 30th of June, 1869 we obtain a hundred and sixty-eight per cent. in seventy- total expenditure of $1,600,000,000 during the

lour years immediately succeeding the war, or The annual expenditures of the Federal nearly as much as was expended during the Government in 1701 were $1.200,000; in 1920, seventy two years tbat preceded the rebellion, $18.200,000; in 1830, $11,000.000; in 1860, and einbraced the extraordinary expenditures $63,000,000; in 1865, nearly $1,300,000.000; already named. and in 1869 it is estimated by the Secretary of These startling facts clearly illustrate the nethe Treasury, in his last annual report, ihat cessity of retrenchment in all branches of the pubthey will be $372,000,000.

lic service. Abuses which were tolerated during By comparing the public disbursements of the war for the preservation of the nation will 1869, as estiinated. with those of 1791, it will be not be endured by the people, now that profound seen that the increase of expenditure since the peace prevails. The receipts from internal rev. beginning of the Government has been eightenues and customs have during i he past three thousand six hundred and eighteen per cent., jears gradually diminished, and ihe continuance while the increase of the population for the same of useless and extravagant expenditures will period was only eighteen hundred and sixty-involve us in national bankruptcy, or else make eight per cent. Again: tle expenses of the Gov- inevitable an increase of taxes, already too ernment in 1860, the year of peace immediately onerous, and in many respects obnoxious on preceding the war, were only $63,000,000; while account of their inquisitorial character. One in 1869, the year of peace three years after the hundred millions annually are expended for the war, it is estimated they will be $37:2,000,000-military force, a large portion of wbich is eman increase of four hundred and eighty-nine per ployed in the execution of laws both unnecessary cent., wlule the increase of population was only and unconstitutional; $150,000,000 are required twenty one per cent. for the same period. each

year pai the interest on the public debt; These statistics further show, that in 1791 the 2n army of iax gatherers impoverishes tbe naannual national expenses, compared with the tion; and public agents, placed by Congress bepopulation, were little more than $1 per capita. sond the control of the Executive, divert from and in 1860 but $2 per capita; while in 1869 their legitimate purposes large sums of money they will reach the extravagant sum of $978 which they collect from the people in the name per capita.

of the Government. Judicious legislation and It will be observed that all of these statements prudent economny can alone remedy defects and refer to and exhibit the disbursements of peace avert evils which, if suffered to exist, cannot periods. It may, therefore, be of interest to fail to diminish confidence in the public councils, compare the expenditures of the iliree war pe. and weaken the attachment and respect of the rivds--the war with Great Britain, the Mexican people toward their political institutions. Withwar, and the war of the rebellios.

out proper care the small balance which it is In 1814 the annual expenses incident to the estimated will remain in the Treasury at the war of 1812 reached their highest amount-close of the present fiscal year will not be realabou thirty-one millions; whiile our population ized, and additional millions be added to a debt slightly exceeded eight millions, showing an which is now enumerated by billions. expenditure of only $3 80 per capila. In 1847 It is shown by the able and comprehensive the expenditures growing out of the war will report of the Secretary of the Treasury that the Mexico reached $75,000,000, and the population receipts for the fiscal year ending June 30 1868, about twenty one millions, giving only $2 60 were $405,638,083, and that the expenditures for per capila for the war expenses of that year. In the saine period were $377,340 284. leaving in 1865 The expenditures called for by the rebellion the Treasury a surplus of $28,297,798. It is estireached the vast amount of $1.290,000,000, mated that the receipts during the present fiscal which, compared with a population of thirty year ending June 30, 1869, will be $341,392,868, four millions, gives $38 20 per capita.

and the expenditures $336,152,470, showing a Proin the 4th day of March, 1789, to the 30th small balance of $5,240,398 in favor of the Gov. of June, 1861, the entire expenditures of the ernment. For the fiscal year ending June 30, Government were $1,700 000,000. During that 1870, it is estimated that the receipts will amount period we were engaged in wars with Great Bri 10 $327,000.000, and the expendicures to $303,tain and Mexico, and were involved in hostilities 000 000, leaving an estimated surplus of $24,with powerfui Indian cribes; Louisiana was 1 000,000. purchased from France at a cost of $15.000,000; It becomes proper, in this connection, to make Florida was ceded to us by Spain for $5 000 0 0; a brief reference to our public indebtedness, California was acquired from Mexico for $15, which has accumulated with such alarıning rap000,000; and the Territory of New Mexico was idity and assumed such colossal proportions. obtained from Texas fir the sum of $10,000,000 In 1789. when the Government commenced Early in 1861 the war of the rebellion commenced; operations under the Federal Constitution, it was and from the 1st of July of that year to the 30th burdened with an indebtedness of $75,000,000 of June, 1065, the public expenditures reached created during the war of the Revolution. This the enoriuous aggregate of $3,300,000 000. Three amount had been reduced to $45.000,000 when, years of peace have intervened, and during that in 1812, war was declared against Great Britain. time tive disbursements of the Government have The three years' struggle that followed largely suce-sively been $520,000 000, $346,000,000, increased the national obligations, and in 1816 and $393,000,000. 'Adding to these amounts they had attained the sum of $127,000,000. Wise

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