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XXXIX. Political Votes, 40th Congress, 3d Ses-

sion-Condemnation of President Johnson's

proposition respecting payment of the Public
Dobt

:9-16
Conciernatory resolutions in the Senate and
Hous-tite on Minority Representation-Re-
moval of Di-alilities by General Act-Repre-
sentetion of Georgia--Counting the Electoral
Vote-Bill for further Security of Equal Rights
in District of Columbia--Bill to Strengthen
Public Credit-Tenure-of-Office Act.

XLV. Judicial Decisions-Opinion of Attorney

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General on Jurisdiction of Military Commis-

sions

.51-95

On Right of a State to Tax Passengers passing

through it-State Taxation of United States Cer-

tificates of Indebtedness State Taxation of

United States Notes-Clause making United

States Notes a Legal Tender for Debts has no

reference to State taxes-Express Contracts to

pay Coined Dollars can only be satisfied by

payment of Coined Dollars-Status of State of

Texas--McCardle Case-Car Grifin (Vir-

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

-Intermarriage of White and Colored Persons

in Georgia-Opinion of Attorney General Hoar

as to Jurisdiction of Military Commissions in

Texas.

XLVI. State Platforms of 1869.

.96-106

California-Iowa-Vississippi-Ohio--Pennsyl-
vania-Vermont-Virginia-Washington Ter-
ritory.

XLVII. Votes of State Legislatures on proposed

XVth Amendment to Constitution of Uni od

States

..103-116

Yeas and Nays-Arkansas-Connecticut--Dela-
ware - Florida-- Georgia -Illinois - Indiana-
Kansas-Kentucky-Louisiana-Maine -- Mas-
sachusetts - Michigan - Missouri - Nevada-
New Hampshire - New Jersey - New York-
North Carolina-Ohio-Pennsylvania --Rhode
Island-South Carolina-West Virginia-Wis-
consin.

XLVIII. Statistical Tables

117-120

Presidential Election Returns, (Electoral and

PopularVote-Official Statement of Public Debt

of United States, July, 1869.

XLIX. Miscellaneous Matters.

..121-124

General Sherman's Letter as to the surrender of
General Joseph E. Johnston-Mississippi Elec-
tion Proclamation–Texas Election Proclama-
tion--Female Suffrage in Massachusetts and
in Cengress-Proposed Religious Amendment
to United States Constitution - Elections of
1869 in New Hampshire, Rhode Island, Con-
necticut, Michigan, Virginia, and Washington
Territory - Daniel's Virginia Election Dis-
patch,

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PART IV.

.

POLITICAL MANUAL FOR 1869.

XXXVII.

MEMBERS OF THE CABINET OF PRESIDENT JOHNSON,

AND OF THE FORTIETH CONGRESS, THIRD SESSION.

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

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

ard. Secretary of the Treasury-Hugu McCULLOCH, of FloridaAdonijah S. Welch, Thomas W. Osborn. Indiana.

Iowa-James W. Grimes, Janics Harlın 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.

Minnesuta - Alexander Ramsey, Dan'l S. Norton. Postmaster General-ALEXANDER W. RANDALL, Oregon—George H. Williams, llenry W Corbett. of Wisconsin.

Kansas-Edmund G. Ross, Samuel C Poineroy. Attorney General-WilliaM. Evarts, of New West Virginia–Peter G. Van Winkle, Waitman York.

T. Willey.

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

NebraskaThomas W. Tipton, John W. Thayer. Third Session, December 7, 1868–March 3, 1869.

House of Representatives.
Senate.

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

Maine-John Lynch, Sidney Verham, 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. Musschusetts – 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. Freliugliuysen, Alex- Rhode Island, Thomas A. Jenckes, Nathan F. ander G. Cattell

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

kiss, Henry H. Starkweather, William H. Delaware-James A. Bayard, Willard Saulsbury. Barnurn. Maryland, William Piackney Whyte, George New York Stephen Taber, Demas Barnes, WilVickers.

liam E. Robinson, John Fox, John Morrissey, North Carolina-Jolin C. Abbott, John Pool. Thomas E Stewart, John 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— \Villard Warner, George E. Spencer. Thomas Cornell, John V. L. Pruyn, John A. Louisiana-John 3 Harris, William P. Kellung. 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. 1. Lathin, Alexander H. Bailey, John C. Tennessee-David T. Patterson, Joseph s. Fowler. Churchill Dennis McCarthy, Theodore M. Indiana- Thomas A. Hendricks, Oliver P. Mor. Pomeroy, William H. Kelsey, William S. Lin. ton.

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

A

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, Ilorace 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 11. Boyer, Jolin M. David A. Nunn.
Broomall, J. Lawrence Geiz, 0. J. Dirkey.* Indiana - William E. Niblack, Michael C. Kerr,
Henry L. Cake, Daniel M. Van Auken, George Morton C. Hunter, William S. Holman, George
W. Woodward, Ulvsses Mercur, George F. W. Julian, John Coburn, Henry D. Washburn,
Miller, Adam J. Glo:sbrenner, William II. Godlore S. Orih. Schuyler Colfax, William
Koontz, Daniel J. Morrell, Stephen F. Wilson, Williains, John P. C Shanks.
Glenni W. Scofield, S Newton Pettis. † John 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. Delítware-John A. Nicholson.

Bronwell, Shelby 11. Cullom, Lewis W Ross, Maryland—Iliram McCullough, Stevenson Arch- Albert G. Burr, Samuel S. Marshall Jehu Ba

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

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

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

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

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

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

Trowbridge, John F. Driggs. Alabina- 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 laughey. B. Allison, William Loughridge, Grenville Louisiana-J. Ilale Sypher, (vacancy.) Joseph M. Dodge, Asahel W. Hubbard.

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

kins, Amasa 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 llungen, Reader W. Clarke, Samuel Shel- James A. Johnson. labarger, 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- | \Vest Virginia—Chester D. Hubbard, Bethuel fi-d.

M. Kitchen, Daniel Polsley. Kentucky-Lawrence S. Trimble, (vacancy,) J. NeradaDelos 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.

XXXVIII.

PRESIDENT JOHNSON'S LAST ANNUAL MESSAGE,

DECEMBER 7, 1868. The following extracts relate to reconstruction ganized condition under the various laws which a:d 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 greatest Upon the reassembling of Congress, it again wrongs indicted upon a people are caused by becomes my duty to call your attention to the unjust and arbitrary legislation, or by the unstate of the Union, and to its continued disor-Irelenting decrees of despotic rulers, and that

struction.

Do

the timely revocation of injurious and oppress- tion as near completion as was within the scope ive mea-ures 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 wbich arrested the progress of resOur own history, although embracing a period toration, frostrated all that had been so successless than a century, affords abundant proof that fully accomplished, and after three years of most, if 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 enactments of the past three years upon the argument to show that legislation which has question of reconstruction. Alter 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 remain longer upon Under The influence of party passion aud secthe statutc-look. States to wbich the Constitu tional prejudice, other ac:s have been passed not tion guaranties a republican form of government warranted 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 pecuing 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 ubat rigied accountability of public oficers so cluded from the two Houses, and, conírary 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 President 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 !he doinination of per-ons of color The act of March 2, 1867, making af propriin the south 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 wluch, leading in some President's constitutional functions as Cominstanres 10 collision and bloodshed. has pre- mander in Chief of the Army, and deny to vented that co operation between the two races States of the Union the riglii to protect ihem$0 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 inight, in times of great emergency, the disturbed condition of afliirs 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 miglit 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 arms throughout that portion of the country. shall not be infringed."

The Federal Constitution-the magna charta li 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 indiration our-elves in peace and in wur, and become a great that bereafter the Constitution is to be made the nation among the Powers of the earth-must nation's safe and unerring guide. They can be assuredly be now adequate to the settlement of productive 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 jis vindication. This great fact is many monuments of the deficient wisdom wlich mave most manifest by the condition of the bas characterized our recent legi-lation. country when Congress assembled in the month The condition of our finances d-inands the of Duteinber, 1865. Civil surile bad ceased; the early and earnest consideration of Congress. spirit of ribellion had spent its entire force; in Compared with the growth of our population, the the-outhern States the people had warmed into public expenditures have reached an amount national litis, and throughout the whole country unprecedented in our bistory. a healthy reaction in public sentiment buil The population of the United States in 1790 taken place By the application of the simple was nearly tour millions of people. Increa-ing yet effective provisions of the Constitution ihe each decade about thirty thren per cent., it executive department, with the voluntary aid reached in 1860 ihiriy one millions-an increase of the States, bad brought the work of restora- of seren hundred 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- iotal 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 1731 were $ 1.200.000; in 1920. sevenly two years that preceded the rebellion, $18. 200,000; in 1830, $41,000 000; in 1860, and embraced the extraordinary expenditures $63,000,000; in 1865, nearly $1,300,000.000; already pamed. and in 1869 it is estimated by the Secretary o! These startling facts clearly illustrate the nethe Treasury, in his last annual report, inat cessity of retrenchment in all branches of the pubthey will be $372,000,000.

lic service. Abuses wliich were tolerated during By comparing the public disbursements of the war for the preservation of the nation will 1869, as estimated 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 revbeginning 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 the 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 eiglit per cent. Again: tle expenses of the Gov- inevitable an increase of taxes, already too ernment in 1860, the year of peare immediately onerous, and in many respects obnoxious on preceding the war, were only $13,000,000; 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 $372,000,000-military force, a large portion of which is eman increase of four hundred and eighty-nine per ployed in the execution of laws both unnecessary cent., while the increase of population was only and unconstitutional; $150,000,000 are required twenty one per cent. for the same period. each year to gras the interest on the public debt;

These statistics further show, that in 1791 the 2.n army of tax gatherers impoverishes the naannual national expenses, compared with the tion; and public agents, placed by Congress bepopulation, were liule more than $1 per capita sond the control of the Executive, divert from and in 1860 but $2 per capila; while in 1869 their legitimate purposes large sums of money they will reach the extravagant sum of $9 78 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 economy 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 three war pe. and weaken the attachment and respect of the riods--the war with Great Britain, the Mexican people toward their polivical institutions. Withwar, and the war of the rebellion.

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 realabout thirty-one millions; while our population ized, and additional millions be added to a debt slightly exceeded eighit roillions, 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 Nexico reached $15,000,000, and the population receipts for the fiscal year ending June 30 1863, about twenty one millions, giving only $2 60 were $105,638,083, and that the expenditures for per capila for the war expenses of that year. In the saine period were $377,340 234. leaving in 1856. 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 ihe 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 I'roin the 4th day of March, 1789, to the 30th small balauce 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 ihat | 1870, it is estimated that the receipts will amount period we were engaged in wars with Great Bri: 10 $327,000.000, and the expenditures to $303,tain and Mexico, and were involved in hostilities 000 000, leaving an estimated surplus of $24,with powerfui Indian cribes; Louisiana was 1000,000. purchased from France at a cost of $15,000,000: It becomes proper, in this connection, to make Flornia 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 sucl: alarining rap000,000; and the Territory of New Mexico wa idity and assumed such colossal proportions. obtained from Texas fi r the sum of $10,000,000. In 1789. when the Government commenced Early in 1861the 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 enortuous aggregate of $3,300,000 000. Three amvunt had been reduced to $45.000,006 when, years of peace have intervened, and during that in 1812, war was declared against Great Britain. time the disbursements of the Government have The three years' struggle that followed largely sucesively been $520,000 000, $346,000,000, increased ihe 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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