Looking now to the present and future, and with reference to a resumption of the national authority within the States wherein that authority has been suspended, I have thought fit to issue a proclamation, a copy of which is herewith transmitted. On examination of this proclamation it will appear, as is believed, that nothing will be attempted beyond what is amply justified by the Constitution. True, the form of an oath is given, but no man is coerced to take it. The man is promised a pardon only in case he voluntarily takes the oath. The Constitution authorizes the Executive to grant or withhold the pardon at his own absolute discretion, and this includes the power to grant on terms, as is fully established by judicial and other authorities.
It is also proffered that if in any of the States named a State government shall be in the mode prescribed set up, such government shall be recognized and guaranteed by the United States, and that under it the State shall, on the constitutional conditions, be protected against invasion and domestic violence. The constitutional obligation of the United States to guarantee to every State in the Union a republican form of government and to protect the State in the cases stated is explicit and full. But why tender the benefits of this provision only to a State government set up in this particular way? This section of the Constitution contemplates a case wherein the element within a State favorable to republican government in the Union may be too feeble for an opposite and hostile element external to or even within the State, and such are precisely the cases with which we are now dealing.
An attempt to guarantee and protect a revived State government, constructed in whole or in preponderating part from the very element against whose hostility and violence it is to be protected, is simply absurd. There must be a test by which to separate the opposing elements, so as to build only from the sound; and that test is a sufficiently liberal one which accepts as sound whoever will make a sworn recantation of his former unsoundness.
But if it be proper to require as a test of admission to the political body an oath of allegiance to the Constitution of the United States and to the Union under it, why also to the laws and proclamations in regard to slavery? Those laws and proclamations were enacted and put forth for the purpose of aiding in the suppression of the rebellion. To give them their fullest effect there had to be a pledge for their maintenance. In my judgment, they have aided and will further aid the cause for which they were intended. To now abandon them would be not only to relinquish a lever of power, but would also be a cruel and an astounding breach of faith. I may add at this point that while I remain in my present position I shall not attempt to retract or modify the emancipation proclamation, nor shall I return to slavery any person who is free by the terms of that proclamation or by any of the acts of Congress. For these and other reasons it is thought best that support of these measures shall be included in the oath, and it is believed the Executive may lawfully claim it in return for pardon and restoration of forfeited rights, which he has clear constitutional power to withhold altogether or grant upon the terms which he shall deem wisest for the public interest. It should be observed also that this part of the oath is subject to the modifying and abrogating power of legislation and supreme judicial decision.
The proposed acquiescence of the National Executive in any reasonable temporary State arrangement for the freed people is made with the view of possibly modifying the confusion and destitution which must at best attend all classes by a total revolution of labor throughout whole States. It is hoped that the already deeply afflicted people in those States may be somewhat more ready to give up the cause of their affliction if to this extent this vital matter be left to themselves, while no power of the National Executive to prevent an abuse is abridged by the proposition.
The suggestion in the proclamation as to maintaining the political framework of the States on what is called reconstruction is made in the hope that it may do good without danger of harm. It will save labor and avoid great confusion.
But why any proclamation now upon this subject? This question is beset with the conflicting views that the step might be delayed too long or be taken too soon. In some States the elements for resumption seem ready for action, but remain inactive apparently for want of a rallying point—a plan of action. Why shall A adopt the plan of B rather than B that of A? And if A and B should agree, how can they know but that the General Government here will reject their plan? By the proclamation a plan is presented which may be accepted by them as a rallying point, and which they are assured in advance will not be rejected here. This may bring them to act sooner than they otherwise would.
The objections to a premature presentation of a plan by the National Executive consist in the danger of committals on points which could be more safely left to further developments. Care has been taken to so shape the document as to avoid embarrassments from this source. Saying that on certain terms certain classes will be pardoned with rights restored, it is not said that other classes or other terms will never be included. Saying that reconstruction will be accepted if presented in a specified way, it is not said it will never be accepted in any other way.
The movements by State action for emancipation in several of the States not included in the emancipation proclamation are matters of profound gratulation. And while I do not repeat in detail what I have heretofore so earnestly urged upon this subject my general views and feelings remain unchanged and I trust that Congress will omit no fair opportunity of aiding these important steps to a great consummation.
In the midst of other cares, however important we must not lose sight of the fact that the war power is still our main reliance. To that power alone we look yet for a time to give confidence to the people in the contested regions that the insurgent power will not again overrun them. Until that confidence shall be established little can be done anywhere what is called reconstruction. Hence our chiefest care must still be directed to the Army and Navy who have thus far borne their harder part so nobly and well; and it may be esteemed fortunate that giving the greatest efficiency to these indispensable arms we do also honorably recognize the gallant men, from commander to sentinel, who compose them, and to whom more than to others the world must stand indebted for the home of freedom disenthralled, regenerated, enlarged, and perpetuated.
In conformity to the law of July 16, 1862, I most cordially recommend that Captain John Rogers United States Navy, receive a vote of thanks from Congress for the eminent skill and gallantry exhibited by him in the engagement with the rebel armed ironclad steamer Fingal, alias Atlanta, whilst in command of the United States ironclad steamer Weehawken, which led to her capture on the 17th June, 1863, and also for the zeal, bravery, and general good conduct shown by this officer on many occasions.
This recommendation is specially made in order to comply with the requirements of the ninth section of the aforesaid act, which is in the following words, viz:
That any line officer of the Navy or Marine Corps may be advanced one grade if upon recommendation of the President by name he receives the thanks of Congress for highly distinguished conduct in conflict with the enemy or for extraordinary heroism in the line of his profession.
Congress, on my recommendation, passed a resolution, approved 7th February, 1863, tendering its thanks to Commander D. D. Porter "for the bravery and skill displayed in the attack on the post of Arkansas on the 10th January, 1863," and in consideration of those services, together with his efficient labors and vigilance subsequently displayed in thwarting the efforts of the rebels to obstruct the Mississippi and its tributaries and the important part rendered by the squadron under his command, which led to the surrender of Vicksburg.
I do therefore, in conformity to the seventh section of the act approved 16th July, 1862, nominate Commander D. D. Porter to be a rear-admiral in the Navy on the active list from the 4th July, 1863, to fill an existing vacancy.
Understanding that your lodgment at Chattanooga and Knoxville is now secure, I wish to tender you, and all under your command, my more than thanks, my profoundest gratitude, for the skill, courage, and perseverance with which you and they, over so great difficulties, have effected that important object. God bless you all!
Governor of Pennsylvania.
DEAR SIR:—I have to urge my illness, and the preparation of the message, in excuse for not having sooner transmitted you the inclosed from the Secretary of War and Provost Marshal General in response to yours in relation to recruiting in Pennsylvania. Though not quite as you desire, I hope the grounds taken will be reasonably satisfactory to you. Allow me to exchange congratulations with you on the organization of the House of Representatives, and especially on recent military events in Georgia and Tennessee.
Yours very truly,
MAJOR-GENERAL BUTLER, Fort Monroe, Va.:
Please suspend execution in any and all sentences of death in your department until further order.
MAJOR-GENERAL MEADE, Army of the Potomac:
Lieut. Col. James B. Knox, Tenth Regiment Pennsylvania Reserves, offers his resignation under circumstances inducing me to wish to accept it. But I prefer to know your pleasure upon the subject. Please answer.
HON. OGDEN HOFFMAN, U. S. District Judge, San Francisco, Cal.:
The oath in the proclamation of December 8 is intended for those who may voluntarily take it, and not for those who may be constrained to take it in order to escape actual imprisonment or punishment. It is intended that the latter class shall abide the granting or withholding of the pardoning power in the ordinary way.
MOTHER MARY GONYEAG, Superior, Academy of Visitation, Keokuk, Iowa:
The President has no authority as to whether you may raffle for the benevolent object you mention. If there is no objection in the Iowa laws, there is none here.
A Proclamation.
Whereas by an act of the Congress of the United States of the 24th of May, 1828, entitled "An act in addition to an act entitled 'An act concerning discriminating duties of tonnage and impost' and to equalize the duties on Prussian vessels and their cargoes," it is provided that upon satisfactory evidence being given to the President of the United States by the government of any foreign nation that no discriminating duties of tonnage or impost are imposed or levied in the ports of the said nation upon vessels wholly belonging to citizens of the United States or upon the produce, manufactures, or merchandise imported in the same from the United States or from any foreign country, the President is thereby authorized to issue his proclamation declaring that the foreign discriminating duties of tonnage and impost within the United States are and shall be suspended and discontinued so far as respects the vessels of the said foreign nation and the produce, manufactures, or merchandise imported into the United States in the same from the said foreign nation or from any other foreign country, the said suspension to take effect from the time of such notification being given to the President of the United States and to continue so long as the reciprocal exemption of vessels belonging to citizens of the United States and their cargoes, as aforesaid, shall be continued, and no longer; and
Whereas satisfactory evidence has lately been received by me through an official communication of Senor Don Luis Molina, Envoy Extraordinary and Minister Plenipotentiary of the Republic of Nicaragua, under date of the 28th of November, 1863, that no other or higher duties of tonnage and impost have been imposed or levied since the second day of August, 1838, in the ports of Nicaragua, upon vessels wholly belonging to citizens of the United States, and upon the produce, manufactures, or merchandise imported in the same from the United States, and from any foreign country whatever, than are levied on Nicaraguan ships and their cargoes in the same ports under like circumstances:
Now, therefore, I, Abraham Lincoln, President of the United States of America, do hereby declare and proclaim that so much of the several acts imposing discriminating duties of tonnage and impost within the United States are, and shall be, suspended and discontinued so far as respects the vessels of Nicaragua, and the produce, manufactures, and the merchandise imported into the United States in the same from the dominions of Nicaragua, and from any other foreign country whatever; the said suspension to take effect from the day above mentioned, and to continue thenceforward so long as the reciprocal exemption of the vessels of the United States, and the produce, manufactures, and merchandise imported into the dominions of Nicaragua in the same, as aforesaid, shall be continued on the part of the government of Nicaragua.
Given under my hand at the city of Washington, the sixteenth day of December, in the year of our Lord one thousand eight hundred and sixty-three, and the eighty-eighth of the Independence of the United States.
By the President: WILLIAM H. SEWARD, Secretary of State.
Herewith I lay before you a letter addressed to myself by a committee of gentlemen representing the freedmen's aid societies in Boston, New York, Philadelphia, and Cincinnati. The subject of the letter, as indicated above, is one of great magnitude and importance, and one which these gentlemen, of known ability and high character, seem to have considered with great attention and care. Not having the time to form a mature judgment of my own as to whether the plan they suggest is the best, I submit the whole subject to Congress, deeming that their attention thereto is almost imperatively demanded.
EXECUTIVE MANSION, WASHINGTON, D. C., December 17, 1863.
MAJOR-GENERAL HURLBUT, Memphis, Tenn.:
I understand you have under sentence of death, a tall old man, by the name of Henry F. Luckett. I personally knew him, and did not think him a bad man. Please do not let him be executed unless upon further order from me, and in the meantime send me a transcript of the record.
GENERAL GRANT, Chattanooga, Tennessee:
The Indiana delegation in Congress, or at least a large part of them, are very anxious that General Milroy shall enter active service again, and I share in this feeling. He is not a difficult man to satisfy, sincerity and courage being his strong traits. Believing in our cause, and wanting to fight for it, is the whole matter with him. Could you, without embarrassment, assign him a place, if directed to report to you?
EXECUTIVE MANSION, WASHINGTON, D. C., December 21, 1863.
MY DEAR SIR:—Sending a note to the Secretary of the Navy, as I promised, he called over and said that the strikes in the ship-yards had thrown the completion of vessels back so much that he thought General Gilimore's proposition entirely proper. He only wishes (and in which I concur) that General Gillmore will courteously confer with, and explain to, Admiral Dahlgren.
In regard to the Western matter, I believe the program will have to stand substantially as I first put it. Henderson, and especially Brown, believe that the social influence of St. Louis would inevitably tell injuriously upon General Pope in the particular difficulty existing there, and I think there is some force in that view.
As to retaining General Schofield temporarily, if this should be done, I believe I should scarcely be able to get his nomination through the Senate. Send me over his nomination, which, however, I am not quite ready to send to the Senate.
Yours as ever,
O. D. FILLEY, ST. Louis, Missouri:
I have just looked over a petition signed by some three dozen citizens of St. Louis, and three accompanying letters, one by yourself, one by a Mr. Nathan Ranney, and one by a Mr. John D. Coalter, the whole relating to the Rev. Dr. McPheeters. The petition prays, in the name of justice and mercy, that I will restore Dr. McPheeters to all his ecclesiastical rights. This gives no intimation as to what ecclesiastical rights are withheld.
Your letter states that Provost-Marshal Dick, about a year ago, ordered the arrest of Dr. McPheeters, pastor of the Vine Street Church, prohibited him from officiating, and placed the management of the affairs of the church out of the control of its chosen trustees; and near the close you state that a certain course "would insure his release." Mr. Ranney's letter says: "Dr. Samuel S. McPheeters is enjoying all the rights of a civilian, but cannot preach the Gospel!!!!" Mr. Coalter, in his letter, asks: "Is it not a strange illustration of the condition of things, that the question of who shall be allowed to preach in a church in St. Louis shall be decided by the President of the United States?"
Now, all this sounds very strangely; and, withal, a little as if you gentlemen making the application do not understand the case alike; one affirming that the doctor is enjoying all the rights of a civilian, and another pointing out to me what will secure his release! On the second day of January last, I wrote to General Curtis in relation to Mr. Dick's order upon Dr. McPheeters; and, as I suppose the doctor is enjoying all the rights of a civilian, I only quote that part of my letter which relates to the church. It is as follows: "But I must add that the United States Government must not, as by this order, undertake to run the churches. When an individual, in a church or out of it, becomes dangerous to the public interest, he must be checked; but the churches, as such, must take care of themselves. It will not do for the United States to appoint trustees, supervisors, or other agents for the churches."
This letter going to General Curtis, then in command there, I supposed, of course, it was obeyed, especially as I heard no further complaint from Dr. McPheeters or his friends for nearly an entire year. I have never interfered, nor thought of interfering, as to who shall or shall not preach in any church; nor have I knowingly or believingly tolerated any one else to so interfere by my authority. If any one is so interfering by color of my authority, I would like to have it specifically made known to me. If, after all, what is now sought is to have me put Dr. McPheeters back over the heads of a majority of his own congregation, that, too, will be declined. I will not have control of any church on any side.
Yours respectfully,
MILITARY COMMANDER, Point Lookout, Md.:
If you have a prisoner by the name Linder—Daniel Linder, I think, and certainly the son of U. F. Linder, of Illinois, please send him to me by an officer.
MILITARY COMMANDER, Point Lookout, Md.:
If you send Linder to me as directed a day or two ago, also send Edwin C. Claybrook, of Ninth Virginia rebel cavalry.
HON. U. F. LINDER, Chicago, Ill.: Your son Dan has just left me with my order to the Secretary of War, to administer to him the oath of allegiance, discharge him and send him to you.
Yours of the sixteenth is received, and I send you, as covering the ground of it, a copy of my answer to yours of the sixth, it being possible the original may not reach you. I intend you to be master in every controversy made with you.
Yours truly,
MAJOR-GENERAL BUTLER, Fort Monroe, Va.:
Jacob Bowers is fully pardoned for past offence, upon condition that he returns to duty and re-enlists for three years or during the war.
SIR:—Please fix up the department to which Curtis is to go, without waiting to wind up the Missouri matter. Lane is very anxious to have Fort Smith in it, and I am willing, unless there be decided military reasons to the contrary, in which case of course, I am not for it. It will oblige me to have the Curtis department fixed at once.
Yours truly,
WAR DEPARTMENT, WASHINGTON, D.C., January 1, 1864. 3.30 p.m.
GENERAL SULLIVAN, Harper's Ferry:
Have you anything new from Winchester, Martinsburg or thereabouts?
GOVERNOR PIERPOINT, Alexandria, Va.:
Please call and see me to-day if not too inconvenient.
SIR:—The Secretary of War and myself have concluded to discharge of the prisoners at Point Lookout the following classes: First, those who will take the oath prescribed in the proclamation of December 8, and issued by the consent of General Marston, will enlist in our service. Second, those who will take the oath and be discharged and whose homes lie safely within our military lines.
I send by Mr. Hay this letter and a blank-book and some other blanks, the way of using which I propose for him to explain verbally better than I can in writing.
Yours, very truly,
If not inconsistent with the service, please allow General William Harrow as long a leave of absence as the rules permit with the understanding that I may lengthen it if I see fit. He is an acquaintance and friend of mine, and his family matters very urgently require his presence.
By a joint resolution of your honorable bodies approved December 23, 1863, the paying of bounties to veteran volunteers, as now practiced by the War Department, is, to the extent of three hundred dollars in each case, prohibited after this 5th day of the present month. I transmit for your consideration a communication from the Secretary of War, accompanied by one from the Provost-Marshal General to him, both relating to the subject above mentioned. I earnestly recommend that the law be so modified as to allow bounties to be paid as they now are, at least until the ensuing 1st day of February.
I am not without anxiety lest I appear to be importunate in thus recalling your attention to a subject upon which you have so recently acted, and nothing but a deep conviction that the public interest demands it could induce me to incur the hazard of being misunderstood on this point. The Executive approval was given by me to the resolution mentioned, and it is now by a closer attention and a fuller knowledge of facts that I feel constrained to recommend a reconsideration of the subject.
GOVERNOR BRAMLETTE, Frankfort, Kentucky:
Yours of yesterday received. Nothing is known here about General Foster's order, of which you complain, beyond the fair presumption that it comes from General Grant, and that it has an object which, if you understood, you would be loath to frustrate. True, these troops are, in strict law, only to be removed by my order; but General Grant's judgment would be the highest incentive to me to make such order. Nor can I understand how doing so is bad faith and dishonor, nor yet how it so exposes Kentucky to ruin. Military men here do not perceive how it exposes Kentucky, and I am sure Grant would not permit it if it so appeared to him.
I understand an effort is being made by some worthy gentlemen to reconstruct a legal State government in Florida. Florida is in your Department, and it is not unlikely you may be there in person. I have given Mr. Hay a commission of major, and sent him to you, with some blank-books and other blanks, to aid in the reconstruction. He will explain as to the manner of using the blanks, and also my general views on the subject. It is desirable for all to co-operate, but if irreconcilable differences of opinion shall arise, you are master. I wish the thing done in the most speedy way, so that when done it be within the range of the late proclamation on the subject. The detail labor will, of course, have to be done by others; but I will be greatly obliged if you will give it such general supervision as you can find consistent with your more strictly military duties.
GOVERNOR BROUGH, Columbus, Ohio:
If Private William G. Toles, of Fifty-ninth Ohio Volunteers, returns to his regiment and faithfully serves out his term, he is fully pardoned for all military offenses prior to this.
GENTLEMEN: The number for this month and year of the North American Review was duly received, and for which please accept my thanks. Of course I am not the most impartial judge; yet, with due allowance for this, I venture to hope that the article entitled "The President's Policy" will be of value to the country. I fear I am not worthy of all which is therein kindly said of me personally.
The sentence of twelve lines, commencing at the top of page 252, I could wish to be not exactly what it is. In what is there expressed, the writer has not correctly understood me. I have never had a theory that secession could absolve States or people from their obligations. Precisely the contrary is asserted in the inaugural address; and it was because of my belief in the continuation of those obligations that I was puzzled, for a time, as to denying the legal rights of those citizens who remained individually innocent of treason or rebellion. But I mean no more now than to merely call attention to this point.
Yours respectfully,
Sundry citizens of the State of Arkansas petition me that an election may be held in that State, at which to elect a Governor; that it be assumed at that election, and thenceforward, that the constitution and laws of the State, as before the rebellion, are in full force, except that the constitution is so modified as to declare that there shall be neither slavery nor involuntary servitude, except in the punishment of crimes whereof the party shall have been duly convicted; that the General Assembly may make such provisions for the freed people as shall recognize and declare their permanent freedom, and provide for their education, and which may yet be construed as a temporary arrangement suitable to their condition as a laboring, landless, and homeless class; that said election shall be held on the 28th of March, 1864, at all the usual places of the State, or all such as voters may attend for that purpose, that the voters attending at eight o'clock in the morning of said day may choose judges and clerks of election for such purpose; that all persons qualified by said constitution and laws, and taking the oath presented in the President's proclamation of December 8, 1863, either before or at the election, and none others, may be voters; that each set of judges and clerks may make returns directly to you on or before the —th day of —— next; that in all other respects said election may be conducted according to said constitution and laws: that on receipt of said returns, when five thousand four hundred and six votes shall have been cast, you can receive said votes, and ascertain all who shall thereby appear to have been elected; that on the —th day of ——— next, all persons so appearing to have been elected, who shall appear before you at Little Rock, and take the oath, to be by you severally administered, to support the Constitution of the United States and said modified Constitution of the State of Arkansas, may be declared by you qualified and empowered to enter immediately upon the duties of the offices to which they shall have been respectively elected.
You will please order an election to take place on the 28th of March, 1864, and returns to be made in fifteen days thereafter.
In accordance with a letter addressed by the Secretary of State, with my approval, to the Hon. Joseph A. Wright, of Indiana, that patriotic and distinguished gentleman repaired to Europe and attended the International Agricultural Exhibition, held at Hamburg last year, and has since his return made a report to me, which, it is believed, can not fail to be of general interest, and especially so to the agricultural community. I transmit for your consideration copies of the letters and report. While it appears by the letter that no reimbursement of expenses or compensation was promised him, I submit whether reasonable allowance should not be made him for them.
I, Abraham Lincoln, President of the United States having seen and considered the additional regulations of trade prescribed by the Secretary of the Treasury, and numbered LI, LII, LIII, LIV, LV, and LVI, do hereby approve the same; and I further declare and order that all property brought in for sale, in good faith, and actually sold in pursuance of said Regulations LII, LIII, LIV, LV, and LVI, after the same shall have taken effect and come in force as provided in Regulation LVI, shall be exempt from confiscation or forfeiture to the United States.
MAJOR-GENERAL FOSTER, Knoxville, Tenn.:
Is a supposed correspondence between General Longstreet and yourself about the amnesty proclamation, which is now in the newspapers, genuine?
HON. EDWARD STANLEY, San Francisco, Cal.:
Yours of yesterday received. We have rumors similar to the dispatch received by you, but nothing very definite from North Carolina. Knowing Mr. Stanley to be an able man, and not doubting that he is a patriot, I should be glad for him to be with his old acquaintances south of Virginia, but I am unable to suggest anything definite upon the subject.
WASHINGTON, January 28, 1864.
Some citizens of Missouri, vicinity of Kansas City, are apprehensive that there is special danger of renewed troubles in that neighborhood, and thence on the route toward New Mexico. I am not impressed that the danger is very great or imminent, but I will thank you to give Generals Rosecrans and Curtis, respectively, such orders as may turn their attention thereto and prevent as far as possible the apprehended disturbance.
Yours truly,