suits in the Court of Claims has been fixed by statute, and for the purpose of settling the question of the pay of officers in the volunteer army the date of the President's proclamation declaring the insurrection at an end has been adopted to interpret the phrase "close of the war." perty may be used to increase the revenues of tile and belligerent character (within the grasp the hostile power, are in this contest liable to of war) until the work of restoring the relations be treated as enemies, though not foreigners. of peace can be accomplished; that it is for ConThey have cast off their allegiance and made war gress, the department of the national Governon their Government, and are none the less ene- ment to which the power to declare war is inmies because they are traitors. Where all law-trusted by the Constitution, to determine when ful governments have been extinguished by the the war has so far ended that this work can be rebellion on the theatre of active military opera- safely and successfully completed. The act of tions, where war really prevailed, there is a ne- Congress of March 2, 1867, is, in my opinion, a cessity to furnish a substitute for the civil author- legislative declaration that in Texas the war, ity thus overthrown, to preserve the safety of the which sprang from the rebellion, is not, to all army and society; and as no power is left but the intents and purposes, ended; and that it shall be military, it is allowed to govern by martial rule held to continue until, in conformity with the until the laws can have their free course. The legislative will, a State government republican right to govern by military law under such cir- in form and subordinate to the Constitution and cumstances was fully conceded in the opinion of laws of the United States, for which the act the Supreme Court of the United States in ex parte makes provision, shall have been re-established. Milligan, (4 Wall., p. 127.) The test is there sug- It is true that in several acts of Congress the gested that the right to govern by military power suppression of the rebellion and the end of the depends upon the fact that the courts are ac- war have in express terms or by implication tually closed, and that it is impossible to admin- been recognized, but it will be found on examister criminal justice according to law. But ination that these phrases have been used in while the war continues, although military power regard to special subjects, which do not seem may be the only government in territory held by to me inconsistent with the proposition that for force of arms, the military commander may some purposes the rights of war are not ended; make use of such local tribunals already existing while, in respect to captured and abandoned as he may find it convenient to employ in sub-property, a limitation of the right to commence jection to his paramount authority. It then remains to consider: First, whether the State of Texas has been, during rebellion, so deprived of all constitutional and lawful government as a State, and so in armed hostility to the Government of the United States, as to be subject to military law when possession of her territory was regained by the military power of the United States; and, secondly, whether the right to hold and govern the State by military power has terminated. To the first question there can be but one answer. In language of Chief Justice Chase, in Texas vs. White et al., decided at the present term of the Supreme Court, no one has been bold enough to contend that, while Texas has been controlled by a government hostile to the United States and in affiliation with a hostile confederation waging war upon the United States, senators chosen by her legislature or representatives elected by her citizens, were entitled to seats in Congress, or that any suit instituted in her name would be entertained in this court. All admit that during this condition of civil war the right of the State as a member, and of her people as citizens, of the Union, was suspended. The government and the citizens of the State, refusing to recognize their constitutional obligations, assumed the character of enemies, and incurred the consequences of rebellion. The second question is one of more importance and difficulty. Having suppressed the rebellion as far as it was maintained by an armed force, it became the duty of Congress to re-establish the broken relations of the State with the Union; and the same authority which recognized the existence of the war is, in my judgment, the only authority having the constitutional right to determine when, for all purposes, the war has ceased. The rights of war do not necessarily terminate with the cessation of actual hostilities. I can have no doubt that it is competent for the nation to retain the territory and the people which have once assumed a hos It does not seem to me inconsistent with either of these enactments that Congress should declare that the States whose civil governments have been destroyed should continue under military authority until such governments could be restored. Every act of Congress is to be presumed to be constitutional unless the contrary plainly appears. It is to be also presumed that Congress will provide for the restoration, through constitutional government, of the rebellious States, as speedily as in its judgment the public safety will allow; but until civil authority is restored, and the rights of persons and property can be protected in the region which has been the theatre of war by organized governments, the direction by Congress to employ a military force to give that protection and preserve the peace would seem to be the only alternative with anarchy. It appears by the papers submitted that the trial of Weaver before the military commission was fairly and carefully conducted, and that the murder of which he was convicted was wanton and cruel. A freedman who had been at work for Weaver, having chosen to leave his employment to go to work for another man, went to him in a field near his house on that morning to ask for the wages which were due him. Weaver seized an ox-band, beat him severely with that, and then sent his hired man to his house for a double barreled gun, loaded with buckshot, and on his return with it shot the freedman through the head, killing him instantly. There appears to have been neither provocation nor resistance; and this atrocious act was committed in the sight of the wife of the man murdered, who stood by her own door. The finding of the commission has been approved by the military | holding his approval. The papers which were commander, and has been certified to be regular sent me are returned herewith. and proper by the Judge Advocate General. I find no reason in law for the President's with Very respectfully, your obedient servant, XLVI. STATE PLATFORMS OF 1869.* CALIFORNIA, IOWA, MISSISSIPPI, OHIO, PENNSYLVANIA, VERMONT, VIRGINIA, WASHINGTON TERRITORY. CALIFORNIA. Republican, July 22, 1869. Resolved, That the Republican party of California gives its earnest support to the administration of President Grant, and do hereby endorse the acts and policy of his administration. We recognize the earnest effort of the Government to secure an economical administration of its affairs, to reduce expenses, to honestly pay the national debt, to prevent peculation and fraud upon the treasury, to enforce the collection of the revenue, and to cause the speedy restoration of public confidence in our financial strength and integrity. 2. That the negro question has ceased to be an element in American politics, and that the ratification of the XVth amendment to the Constitution ought to be followed by an act of universal amnesty and enfranchisement of the southern people. the material interests of this coast, a reproach upon the intelligence of the American people, and contrary to the spirit of the age. 5. That the Republican party having ever had in its especial keeping the rights of labor and of the laborer, and removed therefrom the blighting curse of slavery, and inaugurated a new era, in which the wages of labor have greatly advanced, while the hours therefor have been correspondingly diminished, claim to have originated in this State and steadily supported what is known as the "eight-hour law," the sound policy of which has been proclaimed by a Republican Congress, and by a proclamation of a Republican President made applicable to the public works of the United States. 6. That we endorse the action of the Senate of the United States in rejecting the so-called Alabama treaty," and consider it the duty of the general Government to demand full reparation for the injuries inflicted by the British Government and her people upon our commerce during the late rebellion. 3. That we regard with pride and satisfaction the evidences of an increasing immigration to this State of industrious and intelligent people 7. That we are in favor of imposing upon from the Atlantic States and Europe, with whom all kinds and classes of taxable property in the we are anxious to share the benefits of a fruit-State an equal share of the burdens of taxation, ful soil, a genial climate, and an advancing civilization; but, while giving preference to the immigration of people of our own race, we hold that unoffending emigrants from China to this State are entitled to full protection for their lives, liberty, and property, and due process of law to enforce the same, but we are opposed to Chinese suffrage in any form, and to any change in the naturalization laws of the United States. and to that end favor the organization of a State board of equalization or review, that the inequalities now existing under the present system of assessment and collection of the State revenues may be avoided. 8. That we are opposed to grants of State aid to railroads, and are in favor of limiting taxation to the amount of revenues absolutely requisite to pay the actual expenses of the State Government, and to maintain the financial credit of the State. 4. That we recognize the power of the general Government to restrict or prevent Chinese immigration whenever the welfare of the nation 9. That we hail with joy the return of peace, demands such a measure, by terminating our and the promising signs of an increasing decommercial relations with China, but it should velopment of the country and the permanent be considered that the adoption of a non-inter- prosperity of the whole people. We earnestly course policy in respect to China surrenders to invite the co-operation at the ballot box of all Europe the commerce of the empire of Asia. We who agree to the foregoing declarations, regardbelieve that the general prosperity will be great-less of old party ties or previous differences ly enhanced by fostering commercial intercourse of opinion upon the now settled questions of with Asia, and that the closing of our ports at this slavery, rebellion, reconstruction, and negro time against Chinese would be most injurious to suffrage. *It is deemed inadvisable to enlarge this chapter and volume by presenting all the State platforms. Sich only are given as are of most significance and retent date. Democratic, June 29, 1869. Whereas upon the eve of a political canvass the time-honored usages of our party require that a platform of principles be announced for the government of those who may be elected to political office; and whereas new questions have arisen since the meeting of the last Democratic convention, making such action eminently proper: therefore, natural sequence, the erection of an empire upon that the labor of our white population should Resolved, That the Democracy of California now profligacy, corruption, and extravagance in pub8. That we arraign the Radical party for its and always confide in the intelligence, patriot-lic expenditures; for its tyranny, extortion, and ism, and discriminating justice of the white peo- disfranchisement; for its contempt of constituple of the country to administer and control their tional obligations; for placing the city of WashGovernment, without the aid of either negroes or ington in the hands of semi-civilized Africans; Chinese. and we particularly condemn the appointment of healthy and able-bodied negroes to office while the land is filled with capable white citizens who are suffering for the common necessaries of life. 2. That the Democratic party view with alarm the action of an unscrupulous majority in Congress in their attempts to absorb the powers of the executive and judicial departments of the federal Government, and to annihilate the rights and functions reserved to the State Governments. 9. That we heartily endorse and approve of the manner in which the Democracy have administered the State government, and point 3. That the subjection of the white population with pride to the acts to protect the wages of of the southern States to the rule of a mass of ig-labor, to lessen public and official expenses, and norant negroes, their disfranchisement, and the to the fact that, during the present State admindenial to them of all those sacred rights guaran-istration, the State debt has been reduced nearly teed to every freeman, is an outrage and a wrong $1,000,000, and taxation reduced from $1 18 on for which the history of free governments in mod$100 to 97 cents. ern times may be searched in vain for a parallel. 4. That the Democratic party is opposed to the policy of lending the credit of the State and squandering the State property upon railway or other corporations, to the detriment of the public interests, and the overwhelming increase of the State debt and taxation. is now, 5. That the Democratic party ever has been, and ever will be, the champion of the rights of the mechanic and workingman; that all the reforms having for their object the reduction of the hours of his labor, the enlargement of his privileges, and the protection of his personal liberty, have ever been demanded, enacted, and enforced by the Democracy; that we point with pride to the fact that in California it was the Democratic element in the legislature that passed and a Democratic governor that approved the eight hour law, and that we pledge ourselves to use our utmost exertions to carry the provisions of that law into full force and effect, as well as to labor in other directions for the cause of the sons of toil. 10. That the so-called Alabama treaty having been rejected by the treaty-making power of the Government, the Democratic party, true to its record as the only political party which on such issues has uniformly proved itself faithful to our own country, will now, as heretofore, be by the honest dignity and rights of the repubfound ready to sustain all measures demanded lic in its relations with all foreign Powers. 11. That all voters in the State of California who are opposed to the radical measures of Congress, including the proposed XVth amendment to the Constitution of the United States, and who are opposed to the appointment of negroes to office, be invited to unite with the Democracy in the coming contest. 12. That the Western Union Telegraph Company, which controls all the wires connecting the Atlantic with the Pacific, has, in instituting a tariff designed to give a virtual monopoly of eastern news to a few newspapers of one political party in this State, been guilty of a great public wrong, has betrayed the trust confided to 6. That we are opposed to the adoption of the it, and effectually restricted the liberties of the proposed XVth amendment of the United States press, and that its action in this regard calls Constitution, believing the same to be designed, loudly for such legislative interference as shall and if adopted, certain to degrade the right of suf- prohibit discriminations, prevent the use of the frage; to ruin the laboring white man, by bring-telegraph as a political engine, and make it, ing untold hordes of Pagan slaves (in all but like the mails, free to all. name) into direct competition with his efforts to earn a livelihood; to build up an aristocratic class of oligarchs in our midst, created and maintained by Chinese votes; to give the negro and Chinaman the right to vote and hold office; and that its passage would be inimical to the best interests of our country, in direct opposition to the teachings of Washington, Adams, Jefferson, and the other founders of the republic; in flagrant violation of the plainest principles upon which the superstructure of our liberties was raised, subversive of the dearest rights of the different States, and a direct step toward anarchy and its G 13. That Hon. Eugene Casserly, by his manly and statesmanlike course in the United States Senate, deserves the confidence of the people of the State of California. IOWA. Republican, June 10, 1869. Resolved, That we cordially endorse the administration of Governor Merril as wise, economical, and honest, and that it deserves, as it has received, the hearty approval of the people of Iowa. 2. That we insist upon a continuance of strict | system as shall promote commerce with every and close economy in all departments of our nation of the world. State government, in order to the maintenance of the happy and exceptional financial condition to which our State has attained under Republican rule. 4. That the pretended trial, conviction, and execution of persons not belonging to the military or naval service of the United States, by military commission, is in direct conflict with the Constitution, and we denounce the same as unworthy of a free people, and disgraceful to the American Government. 3. That the means now in the State treasury, and which may become available, ought to be used for the purpose of defraying the necessary expenditures of the State government economi- 5. That we demand no more, and will submit cally administered, and for no other purposes; to nothing less, than the settlement of the Alaand no State taxes, or only the minimum abso-bama claims according to the recognized rules lutely required, should be levied or collected until such means are exhausted, to the end that the burden of taxation may be made as light as possible. 4. That we rejoice in the glorious national victory of 1868, which has brought peace and happiness and prosperity to our nation, and we heartily endorse the administration of General Grant. 5. That the Republican party of Iowa, being among the first since the rebellion to incorporate in a State constitution the great principle of impartial suffrage, cordially accepts the opportunity presented by adopting the XVth amendment to the Constitution of the United States of making the principle national. 6. That the public expenditures of the national Government should be reduced to the lowest sum which can be reached by a system of the most rigid economy; that no money should be taken from the national Treasury for any work of internal improvement, or for the erection of any public buildings not clearly necessary to be made or erected until the national debt is paid or greatly reduced; that all the money that can be saved from the national revenue honestly collected should be applied to the reduction of the national debt, to the end that the people may be relieved from the burden of taxation as rapidly as practicable. 7. That we endorse and approve the policy which the present Secretary of the Treasury of the United States has pursued. Democratic, July 14, 1869. Whereas upon the eve of a political canvass the time-honored usage of our party requires that a platform of principles be announced for the government of those who may be elected to office: of international law, and that we declare it to be the duty of the government to protect every citizen, whether naturalized or native, in every right of liberty and property throughout the world, without regard to the pretended claims of foreign nations to their allegiance. 6. That we are in favor of, and insist upon, an economical administration of the national and State Governments, that the people may be as speedily as possible relieved from the load of taxation with which they are now oppressed, and that the public officers should be held to a strict accountability to the people for all their official acts. 7. That a national debt is a national curse, and that while we favor the payment of our present indebtedness according to the strict letter of the contract, we would rather repudiate the same than see it made the means for the establishment of an empire upon the ruins of constitutional law and liberty. 8. That in the opinion of this convention the so-called Maine liquor law, that now disgraces the statute-books of the State of Iowa ought to be repealed at the earliest possible moment. The following resolutions were offered and rejected: Resolved, That we are in favor of the repeal of the present prohibitory liquor law, believing it inadequate to accomplish the purposes designed by it, and as a substitute for the same we are in favor of the enactment of a stringent license law. 2. That we are opposed to the proposed XVth amendment to the Federal Constitution. MISSISSIPPI. Republican, July 2, 1869. The Republicans of Mississippi, in convention assembled, in a spirit of amity and peace toward their opponents, and of justice to themselves, make the following declaration of principles and Resolved, That the Democratic party view with alarm the action of an unscrupulous majority in Congress, in their attempt to absorb the powers of the executive and judicial depart-policy: ments of the Government, and to annihilate the rights and functions reserved to the State gov ernments. 2. That we favor a reform in the national banking system looking to an ultimate abolishment of that pernicious plan for the aggrandizement of a few at the expense of the many. 3. That now, as in times past, we are opposed to a high protective tariff, and that we will use every effort to prevent and defeat that system of national legislation which would enrich a small class of manufacturers at the expense of the great mass of producers and consumers, and that we are in favor of such reforms in our tariff 1. Unfaltering devotion to the Union, first, last, and forever. 2. Faith in and fidelity to the principles, objects, and aims of the great national Republican party, with which and with the President and Congress we are in full accord and sympathy. 3. A fair, impartial, just, and economical administration of the Government, national and State. 4. Full and unrestricted right of speech to all men, at all times and all places, with the most complete and unrestrained freedom of the ballot, including protection to citizens in the exercise of the suffrage. 5. A system of free schools which shall place | with no success; plans to increase our populathe means of liberal education within the reach of every child in the State. 6. Reformation of the iniquitous and unequal taxation and assessments which, discriminating against labor and laborers, have borne so unjustly and unequally upon the people. 7. That all men, without regard to race, color, or previous condition, are equal before the law; and that to be a freeman is to possess all the civil and political rights of a citizen, are not only enduring truths, but the settled and permanent doctrines of the Republican party. 8. This convention recognizes but two great national parties; that under the administration of the one, the material and industrial resources of the country will languish, whilst under the liberal and fostering care of the national Republican party, commerce, manufactures, and internal improvements by the General Government will surely make the people of Mississippi what nature, soil, and climate intend they should be -rich, prosperous, and contented. 9. Recognizing as peculiarly American and republican the sentiment that the true basis of government is the "consent of the governed," which, in a republic, is expressed through the ballot-box, we, in the language of the Chicago platform, "favor the removal of the disqualifications and restrictions imposed upon the late rebels in the same measure as the spirit of disloyalty may die out, and as may be consistent with the safety of the loyal people;" and we shall hail with unfeigned delight the day when the spirit of toleration now dawning upon our State shall be so firmly established as to warrant Congress and the nation in declaring disabilities and restrictions forever at an end-when there shall be no citizen of Mississippi clamoring for his rights. 10. That the present modified condition of public sentiment in this State renders it wise and expedient that the Republican party should embrace the opportunity which is to be presented in the approaching election of ratifying the new constitution, so far modified in the franchise and general provisions thereof as to conform to the Constitution of the United States and the reconstruction laws; and that, as soon as Mississippi shall be fully reconstructed, according to the true intent of the laws, all disabilities imposed upon the late rebels should be entirely removed. 11. That we favor the prompt ratification by this State of article XV as an amendment to the Constitution of the United States at the earliest practicable opportunity. 12. We declare for universal amnesty and universal suffrage, the enlightened spirit of the age demanding that the fossil remains of proscription must be numbered with the things of the past. 13. The languishing condition of our State, notwithstanding her genial climate and productive soil, capable of sustaining and inviting a population of 15,000,000, reminds us not only of the necessity of reconstruction on a proper basis, but of the need of immigration. Schemes designed for class immigration, such as laborers only, or favoring one section, or country, or people, or portions of people, over another, on account of political or any other causes, will meet tion must embrace all countries, climes, people, professions, politics, and religious beliefs; any plan stopping short of this, or hesitating to give a practical, earnest, cordial welcome to settlers, without regard to race, color, locality, politics, or religion, will meet with merited failure, because indicating the existence of bigotry and intolerance. 14. We recognize in General Grant the chosen leader of our party and cause, as well as the representative man of the age. As Washington was in his time, so is Grant now "first in war, first in peace, and first in the hearts of his countrymen." Through his election, peace, toleration, and prosperity at last dawn upon Mississippi, and ere long throughout these States the old flag and the ancient principles he and it represent, will be respected, adopted, and adored. The magic words, Let us have peace," possess a power, and have a mission, which will embrace the whole world, and will cease only with time. 15. We endorse and adopt his language, "that the question of suffrage is one which is likely to agitate the public so long as a portion of the citizens of the nation are excluded from its privileges," and, in his own words, we "favor such constitution and laws as will effectually secure the civil and political rights of all persons," a consummation we devoutly desire at the earliest practicable moment, with safety and justice to all. 16. We confide in and will support Major General Adelbert Ames, military commander and governor of this State. We look to him as the representative of the President and of Congress, and regard him as able and firm in peace as in war; his quiet yet decided administration commands our confidence and admiration. For his order relieving the poor of a heavy burden and unequal taxes, and for the order abolishing distinction of color for the jury, and for the marked ability and independence displayed by him, the loyal people owe him a debt of gratitude which they can never repay, save by a life of like devotion to the principles he represents. 17. We look to Congress as the assembled wisdom and expressed will of the nation. At whatever cost of obloquy or life, we shall in the future, as in the past, yield our unwavering fidelity to the laws and policy of the national legislature. A united nation and the principles of liberty owe their existence to-day to the firmness, patriotism, and wisdom of a Republican Congress. Conservative Republican, June 23. Resolved, That this convention now proceed to organize the National Union Republican party of the State of Mississippi. 2. That we express our unfaltering devotion to the great principles of the National Union Republican party, and that we look forward with hope and confidence to the early restora tion of our State government in accordance with the reconstruction laws of the Congress of the United States. 3. That the repeated failures of all former and existing organizations to restore the State and to meet the requirements of the republican spirit |