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II.

PRESIDENT JOHNSON'S ORDERS AND PROCLAMATIONS.

Respecting Commercial Intercourse with In- | proceed to prefer charges against said parties for surrectionary States, April 29, 1865.

EXECUTIVE CHAMBER, WASHINGTON, April 29, 1865. Being desirous to relieve all loyal citizens and well-disposed persons, residing in insurrectionary States, from unnecessary commercial restrictions, And to encourage them to return to peaceful pursuits, It is hereby ordered:

I. That all restrictions upon internal, domestic, and coastwise commercial intercourse be discontinued in such parts of the States of Tennesjee, Virginia, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, and so nuch of Louisiana as lies east of the Mississippi river, as shall be embraced within the lines of national military occupation, excepting only such restrictions as are imposed by acts of Congress and regulations in pursuance thereof, prescribed by the Secretary of the Treasury, and approved by the President; and excepting also from the effect of this order the following articles contraband of war, to wit: arms, ammunition, all artiles from which ammunition is manufactured, gray uniforms and cloth, locomotives, cars, railroad iron, and machinery for operating railroads, telegraph wires, insulators, and instruments for Operating telegraphic lines.

II. All existing military and naval orders in any manner restricting internal, domestic, and coastwise commercial intercourse and trade with or in the localities above named be, and the same are hereby revoked; and that no military or naval officer, in any manner, interrupt or interfere with the same, or with any boats or other vessels engaged therein, under proper authority, pursuant to the regulations of the Secretary of The Treasury.

ANDREW JOHNSON.

Executive Order for the Trial of the Alleged Assassins of President Lincoln, May 1, 1865. EXECUTIVE CHAMBER, WASHINGTON CITY, May 1, 1865. Whereas, the Attorney General of the United States hath given his opinion:

That the persons implicated in the murder of the late President, Abraham Lincoln, and the attempted assassination of the Honorable William H. Seward, Secretary of State, and in an alleged conspiracy to assassinate other officers of the Federal Government at Washington city, and their aiders and abettors, are subject to the jurisdiction of, and lawfully triable before, a military commission :

It is Ordered: 1st, That the Assistant Adju. tant General detail nine competent military officers to serve as a commission for the trial of said parties, and that the Judge Advocate General

their alleged offences, and bring them to trial before said military commission; that said trial or trials be conducted by the said Judge Advocate General, and as recorder thereof, in person, aided by such assistant and special judge advocates as he may designate; and that said trials be . ends of justice: the said commission to sit withconducted with all diligence consistent with the out regard to hours.

2d. That Brevet Major General Hartranft be assigned to duty as special provost marshal general, for the purpose of said trial, and atupon said commission, and the execu

tendance

tion of its mandates.

3d. That the said commission establish such

order or rules of proceedings as may avoid unnecessary delay, and conduce to the ends of public justice. ANDREW JOHNSON.

ORDER FOR THE EXECUTION OF THE SENTENCE OF THE COMMISSION.

EXECUTIVE MANSION, July 5, 1865. The foregoing sentences in the cases of David E. Herold, G. A. Atzerodt, Lewis Payne, Michael O'Laughlin, Edward Spangler, Samuel Arnold, Mary E. Surratt and Samuel A. Mudd, are hereby approved, and it is ordered that the sentences of said David E. Herold, G. A. Atzerodt, Lewis Payne, Mary E. Surratt and Samuel A. Mudd, be carried into execution by the proper military authority, under the direction of the Secretary of War, on the 7th day of July, 1865, between the hours of 10 o'clock, a. m., and 2 o'clock, p. m., of that day. It is further ordered, that the pris oners, Samuel Arnold, Samuel A. Mudd, Edward Spangler, and Michael O'Laughlin be confined at hard labor in the Penitentiary at Albany, New York, during the period designated in their respective sentences.

ANDREW JOHNSON, President,

[By an order dated July 15, the place of confinement, as to the four last mentioned, was changed to the "military prison at Dry Tortugas, Florida."]

For the Arrest of Jefferson Davis, Clement C.

Clay, and others, May 2, 1865.

Whereas it appears from evidence in the Bureau of Military Justice that the atrocious mur der of the late President, Abraham Lincoln, and the attempted assassination of the Honorable William H. Seward, Secretary of State, were incited, concerted, and procured by and between Jefferson Davis, late of Richmond, Virginia, and Jacob Thompson, Clement C. Clay, Beverly Tucker, George N. Saunders, William C. Cleary,

and other rebels and traitors against the Gov- | city of Richmond, and his confederates, or under ernment of the United States, harbored in Canada:

Now, therefore, to the end that justice may be done, I, Andrew Johnson, President of the United States, do offer and promise for the arrest of said persons, or either of them, within the limits of the United States, so that they can be brought to trial, the following rewards:

One hundred thousand dollars for the arrest of Jefferson Davis.

Twenty-five thousand dollars for the arrest of Clement C. Clay.*

Twenty-five thousand dollars for the arrest of Jacob Thompson, late of Mississippi.

Twenty-five thousand dollars for the arrest of George N. Sanders.

Twenty-five thousand dollars for the arrest of Beverly Tucker.

Ten thousand dollars for the arrest of William C. Cleary, late clerk of Clement C. Clay.

The Provost Marshal General of the United States is directed to cause a description of said persons, with notice of the above rewards, to be published.

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

Done at the city of Washington this second day of May, in the year of our Lord one thousand eight hundred and sixty-five, [L. S.] and of the Independence of the United States of America the eighty-ninth. ANDREW JOHNSON.

By the President:

W. HUNTER, Acting Secretary of State. Executive Order to Re-establish the Authority of the United States, and Execute the Laws within the Geographical Limits known as the State of Virginia.

EXECUTIVE CHAMBER, WASHINGTON CITY, May 9, 1865. ORDERED-First. That all acts and proceedings of the political, military, and civil organizations which have been in a state of insurrection and rebellion, within the State of Virginia, against the authority and laws of the United States, and of which Jefferson Davis, John Letcher, and William Smith were late the respective chiefs, are declared null and void. All persons who shall exercise, claim, pretend, or attempt to exercise any political, military, or civil, power, authority, jurisdiction, or right, by, through, or under Jefferson Davis, late of the

*Mr. CLAY was released under this order:

John Letcher or William Smith and their con federates, or under any pretended political, mili tary, or civil commission or authority issued by them, or either of them, since the 17th day of April, 1861, shall be deemed and taken as in rebellion against the United States, and shall be dealt with accordingly.

Second. That the Secretary of State proceed to put in force all laws of the United States, the administration whereof belongs to the Depart ment of State, applicable to the geographical

limits aforesaid.

Third. That the Secretary of the Treasury proceed, without delay, to nominate for appoint ment, assessors of taxes and collectors of customs and internal revenue, and such other officers of the Treasury Department as are authorized by law, and shall put into execution the revenue laws of the United States within the geographical limits aforesaid. In making appointments, the pref erence shall be given to qualified loyal persons residing within the districts where their respec tive duties are to be performed. But if suitable persons shall not be found residents of the districts, then persons residing in other States or districts shall be appointed.

Fourth. That the Postmaster General shall proceed to establish post offices and post routes, and put into execution the postal laws of the United States within the said States, giving to loyal residents the preference of appointment; but if suitable persons are not found, then to appoint agents, &c., from other States.

Fifth. That the district judge of said district proceed to hold courts within said State, in accordance with the provisions of the acts of Congress. The Attorney General will instruct the proper officers to libel and bring to judgment, confiscation, and sale, property subject to confis cation, and enforce the administration of justice within said State, in all matters civil and criminal within the cognizance and jurisdiction of the Federal courts.

Sixth. That the Secretary of War assign such assistant provost marshal general, and such provost marshals in each district of said State may deem necessary.

as he

Seventh. The Secretary of the Navy will take possession of all public property belonging to the Navy Department within said geographical limits, and put in operation all acts of Congress in relation to naval affairs having application to the said State.

Eighth. The Secretary of the Interior will also put in force the laws relating to the Department of the Interior.

WAR DEPARTMENT, ADJUTANT GENERAL'S OFFICE, WASHINGTON, April 17, 1866. Ninth. That to carry into effect the guarantee Maj. Gen. N. A. MILES, Commanding, &c., Fortress Monroe, of the Federal Constitution of a republican form Virginia: Ordered, That Clement C. Clay, Jr., is hereby released of State government, and afford the advantage from confinement, and permitted to return to and remain and security of domestic laws, as well as to comin the State of Alabama, and to visit such other places in plete the re-establishment of the authority of the the United States as his personal business may render abso-laws of the United States, and the full and comlutely necessary, upon the following conditions, viz: that he takes the oath of allegiance to the United States, and gives his parole of honor to conduct himself as a loyal citizen of the same, and to report himself in person at any time and place to answer any charges that may hereafter be prepared against him by the United States.

Please report receipt and execution of this order.
By order of the President of the United States:
E. D. TOWNSEND,
Assistant Adjutant General.

plete restoration of peace within the limits aforesaid, Francis H. Pierpoint, Governor of the State of Virginia, will be aided by the Federal Government, so far as may be necessary, in the lawful measures which he may take for the extension and administration of the State Government throughout the geographical limits of said State.

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Whereas the President of the United States, by his proclamation of the nineteenth day of April, one thousand eight hundred and sixtyone, did declare certain States therein mentioned in insurrection against the Government of the United States;

And whereas armed resistance to the authority of this Government in the said insurrectionary States may be regarded as virtually at an end, and the persons by whom that resistance, as well as the operations of insurgent cruisers, were directed, are fugitives or captives;

And whereas it is understood that some of those cruisers are still infesting the high seas, and others are preparing to capture, burn, and destroy vessels of the United States:

Now, therefore, be it known, that I, Andrew Johnson, President of the United States, hereby enjoin all naval, military, and civil officers of the United States, diligently to endeavor, by all lawful means, to arrest the said cruisers, and to bring them into a port of the United States, in order that they may be prevented from committing further depredations on commerce, and that the persons on board of them may no longer enjoy impunity for their crimes.

And I further proclaim and declare, that if, after a reasonable time shall have elapsed for this proclamation to become known in the ports of nations claiming to have been neutrals, the said insurgent cruisers and the persons on board of them shall continue to receive hospitality in the said ports, this Government will deem itself justified in refusing hospitality to the public vessels of such nations in ports of the United States, and in adopting such other measures as may be deemed advisable towards vindicating the national sovereignty.

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 tenth day

of May, in the year of our Lord one thousand eight hundred and sixty-five, [2. S.] and of the independence of the United States of America the eighty-ninth. ANDREW JOHNSON.

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events and circumstances have since occurred which, in my judgment, render it expedient to remove that restriction, except as to the ports of Galveston, La Salle, Brazos de Santiago (Point Isabel,) and Brownsville, in the State of Texas:

Now, therefore, be it known that I, Andrew Johnson, President of the United States, do hereby declare that the ports aforesaid, not excepted as above, shall be open to foreign commerce from and after the first day of July, next; that commercial intercourse with the said ports may, from that time, be carried on, subject to the laws of the United States, and in pursuance of such regulations as may be prescribed by the Secretary of the Treasury. If, however, any vessel from a foreign port shall enter any of the beforenamed excepted ports in the State of Texas, she will continue to be held liable to the penalties prescribed by the act of Congress approved on the thirteenth day of July, eighteen hundred and sixty-one, and the persons on board of her to such penalties as may be incurred, pursuant to the laws of war, for trading, or attempting to trade, with an enemy.

And I, Andrew Johnson, President of. the United States, do hereby declare and make known that the United States of America do, henceforth, disallow to all persons trading, or attempting to trade, in any ports of the United States in violation of the laws thereof, all pretence of belligerent rights and privileges, and I give notice that, from the date of this proclamation, all such offenders will be held and dealt with as pirates.

It is also ordered that all restrictions upon trade heretofore imposed in the territory of the United States east of the Mississippi river, save those relating to contraband of war, to the reservation of the rights of the United States to property purchased in the territory of an enemy, and to the twenty-five per cent. upon purchases of cotton, are removed. All provisions of the internal revenue law will be carried into effect under the proper officers.

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 twentysecond day of May, in the year of our Lord one thousand eight hundred and [SEAL.] sixty-five, and of the Independence of the United States of America the eightyninth.

By the President:

ANDREW JOHNSON.

W. HUNTER, Acting Secretary of State.

Of Amnesty, May 29, 1865. WHEREAS the President of the United States, on the 8th day of December, A. D. eighteen hundred and sixty-three, and on the 26th day of March, A. D. eighteen hundred and sixtyfour, did, with the object to suppress the existing rebellion, to induce all persons to return to their loyalty, and to restore the authority of the United States, issue proclamations offering amnesty and pardon to certain persons who had directly, or by implication, participated in the said rebellion; and whereas many persons who had so engaged in said rebellion, have, since the

issuance of said proclamations, failed or neglected to take the benefits offered thereby; and whereas many persons who have been justly deprived of all claim to amnesty and pardon thereunder by reason of their participation, directly or by implication, in said rebellion, and continued hostility to the Government of the United States since the date of said proclamations, now desire to apply for and obtain amnesty and pardon:

To the end, therefore, that the authority of the Government of the United States may be restored, and that peace, order, and freedom may be established, I, Andrew Johnson, President of the United States, do proclaim and declare that I hereby grant to all persons who have, directly or indirectly, participated in the existing rebellion, except as hereinafter excepted, amnesty and pardon, with restoration of all rights of property, except as to slaves, and except in cases where legal proceedings, under the laws of the United States providing for the confiscation of property of persons engaged in rebellion, have been instituted; but upon the condition, nevertheless, that every such person shall take and subscribe the following oath (or affirmation), and thenceforward keep and maintain said oath inviolate; and which oath shall be registered for permanent preservation, and shall be of the tenor and effect following, to wit:

"I, do solemnly swear (or affirm), in presence of Almighty God, that I will henceforth faithfully support, protect, and defend the Constitution of the United States, and the union of the States thereunder; and that I will, in like manner, abide by and faithfully support all laws and proclamations which have been made during the existing rebellion, with reference to the emancipation of slaves: So help me God."

The following classes of persons are excepted from the benefits of this proclamation :

1st. All who are or shall have been pretended civil or diplomatic officers or otherwise domestic or foreign agents of the pretended government. 2d. All who left judicial stations under the United States to aid the rebellion.

3d. All who shall have been military or naval officers of said pretended confederate government above the rank of colonel in the army, or lieutenant in the navy.

4th. All who left seats in the Congress of the United States to aid the rebellion.

5th. All who resigned or tendered resignations of their commissions in the army or navy of the United States, to evade duty in resisting the rebellion.

6th. All who have engaged in any way in treating otherwise than lawfully as prisoners of war, persons found in the United States service as officers, soldiers, seamen, or in other capacities.

7th. All persons who have been or are absentees from the United States for the purpose of aiding the rebellion.

8th. All military and naval officers, in the rebel service, who were educated by the Government in the Military Academy at West Point or the United States Naval Academy.

9th. All persons who held the pretended offices

of governors of States in insurrection against the United States.

10th. All persons who left their homes within the jurisdiction and protection of the United States, and passed beyond the Federal military lines into the pretended confederate States for the purpose of aiding the rebellion.

11th. All persons who have been engaged in the destruction of the commerce of the United States upon the high seas, and all persons who have made raids into the United States from Canada, or been engaged in destroying the com merce of the United States upon the lakes and rivers that separate the British Provinces from the United States.

12th. All persons who, at the time when they seek to obtain the benefits hereof by taking the oath herein prescribed, are in military, naval, or civil confinement, or custody, or under bonds of the civil, military, or naval authorities, or agents of the United States, as prisoners of war, or persons detained for offences of any kind, either before or after conviction.

13th. All persons who have voluntarily participated in said rebellion, and the estimated value of whose taxable property is over twenty thousand dollars.

14th. All persons who have taken the oath of amnesty as prescribed in the President's proclamation of December 8, A. D. 1863, or an United States since the date of said proclamaoath of allegiance to the Government of the tion, and who thenceforward kept and main

tained the same inviolate.

made to the President for pardon by any person Provided, That special application may be belonging to the excepted classes; and such clemency will be liberally extended as may be consistent with the facts of the case and the peace and dignity of the United States.

The Secretary of State will establish rules and regulations for administering and recording said amnesty cath, so as to insure its benefit to the people, and guard the Government against fraud.

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

Done at the City of Washington, the twentyninth day of May, in the year of our Lord one thousand eight hundred and sixty-five, andof the Independence of the United States the eighty-ninth. ANDREW JOHNSON.

[SEAL.]

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I am, sir, your obedient servant,

WILLIAM H. SEWARD.

missioned officer, civil, military, or naval, in the | restore said State to its constitutional relations service of the United States, or any civil or mili- to the Federal Government, and to present such tary officer of a loyal State or Territory, who, a republican form of State government as will by the laws thereof, may be qualified for admin- entitle the State to the guarantee of the United istering oaths. All officers who receive such States therefor, and its people to protection by oaths are hereby authorized to give certified the United States against invasion, insurrection, copies thereof to the persons respectively by and domestic violence; Provided, that in any whom they were made. And such officers are election that may be hereafter held for choosing hereby required to transmit the originals of such delegates to any State convention, as aforesaid, oaths, at as early a day as may be convenient, no person shall be qualified as an elector, or to this Department, where they will be depos- shall be eligible as a member of such convention, ited, and remain in the archives of the Govern- unless he shall have previously taken the oath ment. A register thereof will be kept in the of amnesty, as set forth in the President's procDepartment, and on application, in proper cases, lamation of May 29, A. D. 1865, and is a voter certificates will be issued of such records in the qualified as prescribed by the Constitution and customary form of official certificates. laws of the State of North Carolina, in force immediately before the 20th day of May, 1861, the date of the so-called ordinance of secession; and the said convention when convened, or the Appointing William W. Holden Provisional Gov- Legislature that may be thereafter assembled, ernor of North Carolina, May 29, 1865. will prescribe the qualification of electors, and Whereas the fourth section of the fourth article the eligibility of persons to hold office under the of the Constitution of the United States declares Constitution and laws of the State, a power the that the United States shall guarantee to every people of the several States composing the FedState in the Union a republican form of gov-eral Union have rightfully exercised from the ernment, and shall protect each of them against invasion and domestic violence; and whereas the President of the United States is, by the Constitution, made commander-in-chief of the army and navy, as well as chief civil executive officer of the United States, and is bound by solemn oath faithfully to execute the office of President of the United States, and to take care that the laws be faithfully executed; and whereas the rebellion, which has been waged by a portion of the people of the United States against the properly constituted authorities of the Government thereof, in the most violent and revolting form, but whose organized and armed forces have now been almost entirely overcome, has, in its revolutionary progress, deprived the people of the State of North Carolina of all civil government; and whereas it becomes necessary and proper to carry out and enforce the obligations of the United States to the people of North Carolina, in securing them in the enjoyment of a republican form of government:

origin of the Government to the present time. And I do hereby direct:

First. That the military commander of the Department, and all officers and persons in the military and naval service aid and assist the said Provisional Governor in carrying into effect this proclamation, and they are enjoined to abstain from, in any way, hindering, impeding, or discouraging the loyal people from the organization of a State Government, as herein authorized.

Second. That the Secretary of State proceed to put in force all laws of the United States, the administration whereof belongs to the State Department, applicable to the geographical limits aforesaid.

Third. That the Secretary of the Treasury proceed to nominate for appointment assessors of taxes and collectors of customs and internal revenue, and such other officers of the Treasury Department as are authorized by law, and put in execution the revenue laws of the United States within the geographical limits aforesaid. In making appointments, the preference shall be given to qualified loyal persons residing within the districts where their respective duties are to be performed. But, if suitable residents of the districts shall not be found, then persons residing in other States or districts shall be appointed.

Fourth. That the Postmaster General proceed to establish post offices and post routes, and put into execution the postal laws of the United States within the, said State, giving to loyal residents the preference of appointment; but if suitable residents are not found, then to appoint agents, &c., from other States.

Now, therefore, in obedience to the high and solemn duties imposed upon me by the Constitution of the United States, and for the purpose of enabling the loyal people of said State to organize a State government, whereby justice may be established, domestic tranquillity insured, and loyal citizens protected in all their rights of life, liberty, and property, I, Andrew Johnson, President of the United States, and Commanderin-Chief of the army and navy of the United States, do hereby appoint William W. Holden Provisional Governor of the State of North Carolina, whose duty it shall be, at the earliest practicable period, to prescribe such rules and Fifth. That the district judge for the judicial regulations as may be necessary and proper for district in which North Carolina is included proconvening a convention, composed of delegates ceed to hold courts within said State, in accordto be chosen by that portion of the people of ance with the provisions of the act of Congress. said State who are loyal to the United States, The Attorney General will instruct the proper and no others, for the purpose of altering or officers to libel, and bring to judgment, confiscaamending the constitution thereof; and with au- tion and sale, property subject to confiscation, thority to exercise, within the limits of said State, and enforce the administration of justice within all the powers necessary and proper to enable said State in all matters within the cognizance such loyal people of the State of North Carolina to | and jurisdiction of the Federal courts.

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