Showing posts with label Confiscation Act. Show all posts
Showing posts with label Confiscation Act. Show all posts

Friday, October 29, 2021

Stephen Duncan to Mrs. Mary Duncan, August 25, 1863

Natchez.
August 25th
1863
My Dear Mary

I trouble you with a line on the subject of our affairs, hoping that you may be able to communicate the substance to some person or persons having influence with the U. S. Govmt.— In the first place — allow me to say I have no cause of complaint against President Lincoln's Proclamation as a War Measure. All Goverments must possess the right & the power of self-preservation, — & to use all means & measures calculated to secure this end. The President, therefore, had the right to proclaim freedom to the slaves — if he deemed the exercise of the right necessary & essential to the suppression of the Rebellion — but — I think there is just ground of complaint against its indiscriminate application to friends as well as enemies & it is unfortuneately too true that its injurious effects are felt certainly by three friends (& probably five) where two enemies suffer. This is hard because the friends were powerless against the numbers opposed to them. It is further hard — because the Confiscation Act is less [incessing?] in its destruction. It discriminates, & only operates on those found in actual rebellion with officers or soldiers in the Rebel ranks or those holding civil offices under the Rebel Govmt. If possible — this great grievance should be remedied. It furnishes a strong argument against the U. S. Govmt — which the secessionists do not fail to use, — & use freely. Why would not the President allow the Army officers commanding districts — to exercise a sound discretion in bringing the Proclamation to bear on the inhabitants of their respective districts? But again — there is a strong & daily increasing desire to return to the Union, — under a pledge to the adoption of a gradual system of emancipation. Efforts are now making to bring this about.— Already the converts are numerous — very numerous, & among those — too — most actively engaged on the secession side. All that is now wanting to give success to this movement is some official assurance that the rights of property holders (of any description) will be recognized on our return to the Union with the pledge on our part that immediately thereon a system of gradual emancipation shall be adopted by our State Legislature — on just & equitable terms (without compensation in money, but liberal terms as to time.) Can the Govmt ask more than this? Could the people of the Northern & Western States desire more? Would it not be infinitely (& to all intents & purposes) better for them than Emancipation under the Proclamation? The people of the U. S. Govmt cannot be benefitted by the total & sudden prostration of our productive powers! by the extinction of our entire prosperity. If we are to live again under one Union & one Govmt — we must live in mutual dependence on each other. Taxes for the payment of the Govmt debt cannot be collected from a people utterly ruined. The sudden emancipation of our slaves would so reduce the value of the lands — that the fee simple would not sell for as much as could & would be collected from the people when in the enjoyment of their rights as slaveholders. But — is it not important to bring back as speedily as possible the States of Texas, Louisiana, Mississippi, Arkansas, & Tennessee? How long after would it be before Alabama, Georgia, Florida, & North Carolina would follow the example? I cannot think otherwise than that the Govmt of the U. S. ought at once (& without a months delay) to invite the people of these States to return to the Union. It wants but some assurance that they will be treated as the Prodigal Son (so beautifully illustrated in the Scriptures) & they will gladly manifest their penitence if they can be assured that their acknowledgment will not be spurned & scorned: (signed) Stephen Duncan.

SOURCE: Papers of Abraham Lincoln at the Library of Congress, Accessed October 27, 2021

Saturday, August 20, 2016

William Cullen Bryant to Dr. Dewey, August 17, 1862

August 17, 1862

 . . . I must answer your letter a little. Neither you nor I understand war nor medicine ; but of medicine we know enough not to employ a physician who regularly doses all his patients, nor one who proposes to cure an inflammation of the bowels by poulticing the little finger, I judge of the merits of military men in the same way. Again, I have a right to choose between the opinions of men well acquainted with the military art, and I know that officers of great merit hold that McClellan has mismanaged the campaign throughout. Pope, one of the most successful of them, does so. (I know this;) so does Wadsworth; so does General Hitchcock, a veteran officer personally kind toward McClellan, and disposed to judge him candidly (I speak from personal knowledge); so also, I have reason to believe, do hundreds of other officers.

What the “Evening Post” has said in regard to the course taken by the Government I said in still stronger terms to Mr. Lincoln himself ten days since, when I went to Washington for the purpose. With me was Mr. K—, a millionaire (or millionary — which?) of this city, who said to him that unless the war was prosecuted with greater energy — far greater — and the confiscation and emancipation act carried into vigorous execution, not sixty days would elapse before the Government securities would be so depressed that the administration would not have a dollar to carry on the war.

Mr. Lincoln knows that McClellan is wanting in some of the necessary qualities of a general officer. He said to Mr. Field: “McClellan is one of the most accomplished officers in all the army. No man organizes or prepares an army better, but when the time for action comes he is greatly deficient.”

As to emancipation, I have none of the fears which you entertain, and the conduct of the blacks already freed — more than fifty thousand of them — convinces me that there is no ground for them. Their peaceful and docile behavior assures me that we have neither “wild disorder nor massacre to dread.” The rebellion has buried its roots so firmly into the social system of the South that they must both be pulled up together.

You anticipate a bad effect upon the recruiting service from such criticisms on the conduct of the Government as the “Evening Post” had thought it necessary to make. The mischief was done before the “Evening Post” began to criticise. A gloomy and discouraged feeling prevailed, throughout this city and this State at least, which seemed to make the raising of the necessary number of volunteers hopeless. The only remedy that the case seemed to admit was the adoption by the press and by public speakers of a more vigorous style of animadversion on the conduct of the war, and the representations of disinterested persons made personally to the President. Mayor Opdyke, William Curtis Noyes, Dr. Charles King, and many others, singly or in pairs, have visited Washington for this purpose. There is not one of these men to whom such conclusions as you have reached would not be matter of exceeding surprise. They have all regarded the cause of the Union as drifting to ruin if instant and powerful means were not applied to give things a new direction. I believe their representations, and the language held in public meetings, and to some degree also the comments of the press, have had a certain effect. I hear this morning that it was Pope who recommended Halleek to the President as a fit person to force McClellan into action, and to push on the war with vigor. Other proceedings of the administration within a few days give token that it is waking to a sense of the danger we are in from causes very much like those of which you speak.

I have written thus largely because I had some things to say which I cannot print. If I could, I would have received your rebuke without a reply.

SOURCE: Parke Godwin, A Biography of William Cullen Bryant, Volume 1, p. 176-8

Friday, October 2, 2015

Diary of Sarah Morgan: August 17, 1862

Another Sunday. Strange that the time, which should seem so endless, flies so rapidly! Miriam complains that Sunday comes every day; but though that seems a little too much, I insist that it comes twice a week. Let time fly, though; for each day brings us so much nearer our destiny, which I long to know.

Thursday, we heard from a lady just from town that our house was standing the day before, which somewhat consoled us for the loss of our silver and clothing; but yesterday came the tidings of new afflictions. I declare we have acted out the first chapter of Job, all except that verse about the death of his sons and daughters. God shield us from that! I do not mind the rest. “While he was yet speaking, another came in and said, ‘Thy brethren and kinsmen gathered together to wrest thine abode from the hand of the Philistines which pressed sore upon thee; when lo! the Philistines sallied forth with fire and sword, and laid thine habitation waste and desolate, and I only am escaped to tell thee.’” Yes! the Yankees, fearing the Confederates might slip in unseen, resolved to have full view of their movements, so put the torch to all eastward, from Colonel Matta's to the Advocate. That would lay open a fine tract of country, alone; but unfortunately, it is said that once started, it was not so easy to control the flames, which spread considerably beyond their appointed limits. Some say it went as far as Florida Street; if so, we are lost, as that is a half-square below us. For several days the fire has been burning, but very little can be learned of the particulars. I am sorry for Colonel Matta. Such a fine brown stone front, the finest in town. Poor Minna! poverty will hardly agree with her. As for our home, I hope against hope. I will not believe it is burnt, until somebody declares having been present on that occasion. Yet so many frame houses on that square must have readily caught fire from the sparks.

Wicked as it may seem, I would rather have all I own burned, than in the possession of the negroes. Fancy my magenta organdie on a dark beauty! Bah! I think the sight would enrage me! Miss Jones's trials are enough to drive her crazy. She had the pleasure of having four officers in her house, men who sported epaulets and red sashes, accompanied by a negro woman, at whose disposal all articles were placed. The worthy companion of these “gentlemen” walked around selecting things with the most natural airs and graces. “This,” she would say, “we must have. And some of these books, you know; and all the preserves, and these chairs and tables, and all the clothes, of course; and yes! the rest of these things.” So she would go on, the “gentlemen” assuring her she had only to choose what she wanted, and that they would have them removed immediately. Madame thought they really must have the wine, and those handsome cut-glass goblets. I hardly think I could have endured such a scene; to see all I owned given to negroes, without even an accusation being brought against me of disloyalty.1 One officer departed with a fine velvet cloak on his arm; another took such a bundle of Miss Jones's clothes, that he had to have it lifted by some one else on his horse, and rode off holding it with difficulty. This I heard from herself, yesterday, as I spent the day with Lilly and mother at Mr. Elder's, where she is now staying. Can anything more disgraceful be imagined? They all console me by saying there is no one in Baton Rouge who could possibly wear my dresses without adding a considerable piece to the belt. But that is nonsense. Another pull at the corset strings would bring them easily to the size I have been reduced by nature and bones. Besides, O horror! Suppose, instead, they should let in a piece of another color? That would annihilate me! Pshaw! I do not care for the dresses, if they had only left me those little articles of father's and Harry's. But that is hard to forgive.
_______________

1 The Act of July 16th, 1862, authorized the confiscation of property only in the cases of rebels whose disloyalty was established. — W. D.

SOURCE: Sarah Morgan Dawson, A Confederate Girl's Diary, p. 176-9

Sunday, July 19, 2015

John M. Forbes to Congressman Charles B. Sedgwick, June 2, 1862

June 2,1862.

My Dear Mr. Sedgwick, — I see I forgot the 21stly, as the old parsons used to say, of my sermon; my amen to your emancipation speech.

If you have such a devilish poor set in Congress that they are afraid to pass your bill, for freeing such slaves as come to our aid, you had better give up trying for any emancipation bill until Parson Brownlow, General Rodgers, and other pro-slavery border state men have cultivated the manliness of Congress up to the Tennessee standard! Why, I hear that the border state Unionists everywhere are in advance of Congress, and go for strangling the rebellion through its vitals, not pinching the ends of its toes! Rather than take anything worse than your bill, I would trust to old Abe's being pushed up to the use of the military powers of emancipation. What infernal nonsense is your present law, making freedom the reward of those who serve the enemy, while their masters only promise them hanging and burning if they serve us.

You carry on the war in such a manner that either slaves or other loyal men in the border and rebel States have one plain road to safety open; namely, to help the rebels. You reward the slaves with freedom for such help: you offer them no reward, except the chance of being shot by us and hanged by their masters, if they come into our lines! . . .

Your lame confiscation bill will be no terror to the rebels, but rather an indication of the mildness with which you will treat them hereafter, and the many exceptions you will make if you pass any confiscation acts.

I only wonder with such a policy that any Union men show their heads! All your efforts seem to be to make rebellion cheap and easy, and loyalty hard and dangerous.

In great haste, I bide yours,
J. M. Forbes

SOURCE: Sarah Forbes Hughes, Letters and Recollections of John Murray Forbes, Volume 1, p. 315-6

Saturday, May 2, 2015

Proclamation of Jefferson Davis: General Orders No. 111, December 23, 1862

GENERAL ORDERS No. 111.

ADJT. AND INSP. GENERAL'S OFFICE,
Richmond, December 24, 1862.

I. The following proclamation of the President is published for the information and guidance of all concerned therein:


BY THE PRESIDENT OF THE CONFEDERATE STATES.
A PROCLAMATION.

Whereas a communication was addressed on the 6th day of July last (1862) by General Robert E. Lee, acting under the instructions of the Secretary of War of the Confederate States of America, to General H. W. Halleck, General-in-Chief of the U. S. Army, informing the latter that a report had reached this Government that William B. Mumford, a citizen of the Confederate States, had been executed by the U. S. authorities at New Orleans for having pulled down the U. S. flag in that city before its occupation by the forces of the United States, and calling for a statement of the facts with a view to retaliation if such an outrage had really been committed under sanction of the authorities of the United States;

And whereas (no answer having been received to said letter) another letter was on the 2d August last (1862) addressed by General Lee under my instructions to General Halleck renewing the inquiry in relation to the said execution of said Mumford, with the information that in the event of not receiving a reply within fifteen days it would be assumed that the fact alleged was true and was sanctioned by the Government of the United States;

And whereas an answer, dated on the 7th August last (1862) was addressed to General Lee by General H. W. Halleck, the said General-in-Chief of the Armies of the United States, alleging sufficient cause for failure to make early reply to said letter of 6th July, asserting that “no authentic information had been received in relation to the execution of Mumford, but measures will be immediately taken to ascertain the facts of the alleged execution,” and promising that General Lee should be duly informed thereof;

And whereas on the 29th November last (1862) another letter was addressed under my instructions by Robert Ould, Confederate agent for the exchange of prisoners under the cartel between the two Governments, to Lieut. Col. W. H. Ludlow, agent of the United States under said cartel, informing him that the explanations promised in the said letter of General Halleck of 7th August last had not yet been received, and that if no answer was sent to the Government within fifteen days from the delivery of this last communication it would be considered that an answer is declined;

And whereas by letter dated on the 3d day of the present month of December the said Lieutenant-Colonel Ludlow apprised the said Robert Ould that the above-recited communication of 29th of November had been received and forwarded to the Secretary of War of the United States;

And whereas this last delay of fifteen days allowed for answer has elapsed and no answer has been received;

And whereas in addition to the tacit admission resulting from the above refusal to answer I have received evidence fully establishing the truth of the fact that the said William B. Mumford, a citizen of this Confederacy, was actually and publicly executed in cold blood by hanging after the occupation of the city of New Orleans by the forces under the command of General Benjamin F. Butler when said Mumford was an unresisting and non-combatant captive, and for no offense even alleged to have been committed by him subsequent to the date of the capture of the said city;

And whereas the silence of the Government of the United States and its maintaining of said Butler in high office under its authority for many months after his commission of an act that can be viewed in no other light than as a deliberate murder, as well as of numerous other outrages and atrocities hereafter to be mentioned, afford evidence only too conclusive that the said Government sanctions the conduct of said Butler and is determined that he shall remain unpunished for his crimes:

Now therefore I, Jefferson Davis, President of the Confederate States of America, and in their name do pronounce and declare the said Benjamin F. Butler to be a felon deserving of capital punishment. I do order that he be no longer considered or treated simply as a public enemy of the Confederate States of America but as an outlaw and common enemy of mankind, and that in the event of his capture the officer in command of the capturing force do cause him to be immediately executed by hanging; and I do further order that no commissioned officer of the United States taken captive shall be released on parole before exchange until the said Butler shall have met with due punishment for his crimes.

And whereas the hostilities waged against this Confederacy by the forces of the United States under the command of said Benjamin F. Butler have borne no resemblance to such warfare as is alone permissible by the rules of international law or the usages of civilization but have been characterized by repeated atrocities and outrages, among the large number of which the following may be cited as examples:

Peaceful and aged citizens, unresisting captives and non-combatants, have been confined at hard labor with balls and chains attached to their limbs, and are still so held in dungeons and fortresses. Others have been subjected to a like degrading punishment for selling medicines to the sick soldiers of the Confederacy.

The soldiers of the United States have been invited and encouraged by general orders to insult and outrage the wives, the mothers and the sisters of our citizens.

Helpless women have been torn from their homes and subjected to solitary confinement, some in fortresses and prisons and one especially on an island of barren sand under a tropical sun; have been fed with loathsome rations that had been condemned as unfit for soldiers, and have been exposed to the vilest insults.

Prisoners of war who surrendered to the naval forces of the United States on agreement that they should be released on parole have been seized and kept in close confinement.

Repeated pretexts have been sought or invented for plundering the inhabitants of the captured city by fines levied and exacted under threat of imprisoning recusants at hard labor with ball and chain.

The entire population of the city of New Orleans have been forced to elect between starvation, by the confiscation of all their property, and taking an oath against conscience to bear allegiance to the invaders of their country.

Egress from the city has been refused to those whose fortitude withstood the test, even to lone and aged women and to helpless children; and after being ejected from their homes and robbed of their property they have been left to starve in the streets or subsist on charity.

The slaves have been driven from the plantations in the neighborhood of New Orleans till their owners would consent to share the crops with the commanding general, his brother Andrew J. Butler, and other officers; and when such consent had been extorted the slaves have been restored to the plantations and there compelled to work under the bayonets of guards of U. S. soldiers.

Where this partnership was refused armed expeditions have been sent to the plantations to rob them of everything that was susceptible of removal, and even slaves too aged or infirm for work have in spite of their entreaties been forced from the homes provided by the owners and driven to wander helpless on the highway.

By a recent general order (No. 91) the entire property in that part of Louisiana lying west of the Mississippi River has been sequestrated for confiscation and officers have been assigned to duty with orders to gather up and collect the personal property and turn over to the proper officers upon their receipts such of said property as may be required for the use of the U. S. Army; to collect together all the other personal property and bring the same to New Orleans and cause it to be sold at public auction to the highest bidders” – an order which if executed condemns to punishment by starvation at least a quarter of a million of human beings of all ages, sexes and conditions; and of which the execution although forbidden to military officers by the orders of President Lincoln is in accordance with the confiscation law of our enemies which he has directed to be enforced through the agency of civil officials. And finally the African slaves have not only been excited to insurrection by every license and encouragement but numbers of them have actually been armed for a servile war – a war in its nature far exceeding in horrors the most merciless atrocities of the savages.

And whereas the officers under the command of the said Butler have been in many instances active and zealous agents in the commission of these crimes, and no instance is known of the refusal of any one of them to participate in the outrages above narrated;
And whereas the President of the United States has by public and official declaration signified not only his approval of the effort to excite servile war within the Confederacy but his intention to give aid and encouragement thereto if these independent States shall continue to refuse submission to a foreign power after the 1st day of January next, and has thus made known that all appeals to the laws of nations, the dictates of reason and the instincts of humanity would be addressed in vain to our enemies, and that they can be deterred from the commission of these crimes only by the terms of just retribution:

Now therefore I, Jefferson Davis, President of the Confederate States of America and acting by their authority, appealing to the Divine Judge in attestation that their conduce is not guided by the passion of revenge but that they reluctantly yield to the solemn duty of repressing by necessary severity crimes of which their citizens are the victims, do issue this my proclamation, and by virtue of my authority as Commander-in-Chief of the Armies of the Confederate States do order—

1. That all commissioned officers in the command of said Benjamin F. Butler be declared not entitled to be considered as soldiers engaged in honorable warfare but as robbers and criminals deserving death, and that they and each of them be whenever captured reserved for execution.

2. That the private soldiers and non-commissioned officers in the army of said Butler be considered as only the instruments used for the commission of the crimes perpetrated by his orders and not as free agents; that they therefore be treated when captured as prisoners of war with kindness and humanity and be sent home on the usual parole that they will in no manner aid or serve the United States in any capacity during the continuance of this war unless duly exchanged.

3. That all negro slaves captured in arms be at once delivered over to the executive authorities of the respective States to which they belong to be dealt with according to the laws of said States.

4. That the like orders be executed in all cases with respect to all commissioned officers of the United States when found serving in company with armed slaves in insurrection against the authorities of the different States of this Confederacy.

In testimony whereof I have signed these presents and caused the seal of the Confederate States of America to be affixed thereto at the city of Richmond on this 23d day of December, in the year of our Lord one thousand eight hundred and sixty-two.

[L. S.]
JEFF'N DAVIS.
By the President:
J. P. BENJAMIN,
Secretary of State.

II. Officers of the Army are charged with the observance and enforcement of the foregoing orders of the President. Where the evidence is not full or the case is for any reason of a doubtful character it will be referred through this office for the decision of the War Department.

By order:
S. COOPER,

SOURCE: The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies, Series 2, Volume 5 (Serial No. 118), p. 795-7

Monday, April 27, 2015

The Confiscation Act of 1862: July 17, 1862

AN ACT to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That every person who shall hereafter commit the crime of treason against the United States, and shall be adjudged guilty thereof, shall suffer death, and all his slaves, if any, shall be declared and made free; or, at the discretion of the court, he shall be imprisoned for not less than five years and fined not less than $10,000, and all his slaves, if any, shall be declared and made free; said fine shall be levied and collected on any or all of the property, real and personal, excluding slaves, of which the said person so convicted was the owner at the time of committing the said crime, any sale or conveyance to the contrary notwithstanding.

SEC. 2. And be it further enacted, That if any person shall hereafter incite, set on foot, assist, or engage in any rebellion or insurrection against the authority of the United States, or the laws thereof, or shall give aid or comfort thereto, or shall engage in, or give aid and comfort to, any such existing rebellion or insurrection, and be convicted thereof, such person shall be punished by imprisonment for a period not exceeding ten years, or by a fine not exceeding ten thousand dollars, and by the liberation of all his slaves, if any he have; or by both of said punishments, at the discretion of the court.

SEC. 3. And be it further enacted, That every person guilty of either of the offenses described in this act shall be forever incapable and disqualified to hold any office under the United States.

SEC. 4. And be it further enacted, That this act shall not be construed in any way to affect or alter the prosecution, conviction, or punishment of any person or persons guilty of treason against the United States before the passage of this act, unless such person is convicted under this act.

SEC. 5. And be it further enacted, That, to insure the speedy termination of the present rebellion, it shall be the duty of the President of the United States to cause the seizure of all the estate and property, money, stocks, credits, and effects of the persons hereinafter named in this section, and to apply and use the same and the proceeds thereof for the support of the Army of the United States – that is to say:

First. Of any person hereafter acting as an officer of the army or navy of the rebels in arms against the Government of the United States.

Secondly. Of any person hereafter acting as President, Vice-President, member of Congress, judge of any court, cabinet officer, foreign minister, commissioner or consul of the so-called Confederate States of America.

Thirdly. Of any person acting as Governor of a State, member of a convention or Legislature, or judge of any court of any of the so-called Confederate States of America.

Fourthly. Of any person who, having held an office of honor, trust, or profit in the United States, shall hereafter hold an office in the so-called Confederate States of America.

Fifthly. Of any person hereafter holding any office or agency under the government of the so-called Confederate States of America, or under any of the several States of the said Confederacy, or the laws thereof, whether such office or agency be national, state, or municipal in its name or character: Provided, That the persons thirdly, fourthly, and fifthly above described shall have accepted their appointment or election since the date of the pretended ordinance of secession of the State, or shall have taken an oath of allegiance to, or to support the Constitution of, the so-called Confederate States.

Sixthly. Of any person who, owning property in any loyal State or Territory of the United States, or in the District of Columbia, shall hereafter assist and give aid and comfort to such rebellion ; and all sales, transfers, or conveyances of any such property shall he null and void; and it shall be a sufficient bar to any suit brought by such person for the possession or the use of such property, or any of it, to allege and prove that he is one of the persons described in this section.

SEC. 6. And be it further enacted, That if any person within any State or Territory of the United States, other than those named, as aforesaid, after the passage of this act, being engaged in armed rebellion against the Government of the United States, or aiding or abetting such rebellion, shall not, within sixty days after public warning and proclamation duly given and made by the President of the United States, cease to aid, countenance, and abet such rebellion, and return to his allegiance to the United States, all the estate and property, money, stocks, and credits of such person shall be liable to seizure, as aforesaid, and it shall be the duty of the President to seize and use them as aforesaid or the proceeds thereof. And all sales, transfers, or conveyances of any such property after the expiration of the said sixty days from the date of such warning and proclamation shall be null and void; and it shall be a sufficient bar to any suit brought by such person for the possession or the use of such property, or any of it, to allege and prove that he is one of the persons described in this section.

SEC. 7. And be it further enacted, That to secure the condemnation and sale of any of such property, after the same shall have been seized, so that it may be made available for the purpose aforesaid, proceedings in rein shall be instituted in the name of the United States in any district court thereof, or in any Territorial court or in the United States district court for the District of Columbia, within which the property above described, or any part thereof, may be found, or into which the same, if movable, may first be brought, which proceedings shall conform as nearly as may be to proceedings in admiralty or revenue cases; and if said property, whether real or personal, shall be found to have belonged to a person engaged in rebellion, or who has given aid or comfort thereto, the same shall be condemned as enemies' property and become the property of the United States, and may be disposed of as the court shall decree, and the proceeds thereof paid into the Treasury of the United States for the purposes aforesaid.

SEC. 8. And be it further enacted, That the several courts aforesaid shall have power to make such orders, establish such forms of decree and sale, and direct such deeds and conveyances to be executed and delivered by the marshals thereof where real estate shall be the subject of sale, as shall fitly and efficiently effect the purposes of this act, and vest in the purchasers of such property good and valid titles thereto. And the said courts shall have power to allow such fees and charges of their officers as shall be reasonable and proper in the premises.

SEC. 9. And be it further enacted, That all slaves of persons who shall hereafter be engaged in rebellion against the Government of the United States, or who shall in any way give aid or comfort thereto, escaping from such persons and taking refuge within the lines of the Army; and all slaves captured from such persons or deserted by them and coming under the control of the Government of the United States, and all slaves of such persons found on [or] being within any place occupied by rebel forces and afterward occupied by the forces of the United States shall be deemed captives of war, and shall be forever free of their servitude, and not again held as slaves.

SEC. 10. And be it further enacted, That no slave escaping into any State, Territory, or the District of Columbia, from any other State, shall be delivered up, or in any way impeded or hindered of his liberty, except for crime, or some offense against the laws, unless the person claiming said fugitive shall first make oath that the person to whom the labor or service of such fugitive is alleged to be due is his lawful owner, and has not borne arms against the United States in the present rebellion, nor in any way given aid and comfort thereto; and no person engaged in the military or naval service of the United States shall, under any pretense whatever, assume to decide on the validity of the claim of any person to the service or labor of any other person, or surrender up any such person to the claimant, on pain of being dismissed from the service.

SEC. 11. And be it further enacted, That the President of the United States is authorized to employ as many persons of African descent as he may deem necessary and proper for the suppression of this rebellion, and for this purpose he may organize and use them in such manner as he may judge best for the public welfare.

SEC. 12. And be it further enacted, That the President of the United States is hereby authorized to make provision for the transportation, colonization, and settlement, in some tropical country beyond the limits of the United States, of such persons of the African race, made free by the provisions of this act, as may be willing to emigrate, having first obtained the consent of the government of said country to their protection and settlement within the same, with all the rights and privileges of freemen.

SEC. 13. And be it further enacted, That the President is hereby authorized, at any time hereafter, by proclamation, to extend to persons who may have participated in the existing rebellion in any State or part thereof, pardon and amnesty, with such exceptions and at such time and on such conditions as he may deem expedient for the public welfare.

SEC. 14. And be it further enacted, That the courts of the United States shall have full power to institute proceedings, make orders and decrees, issue process, and do all other things necessary to carry this act into effect.

Approved July 17, 1862.

SOURCE: SOURCE: The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies, Series III, Volume 2 (Serial No. 123), p. 275-6

The Confiscation Act of 1861: August 6, 1861

An Act to confiscate Property used for Insurrectionary Purposes.

Be it enacted . . . , That if, during the present or any future insurrection against the Government of the United States, after the President of the United States shall have declared, by proclamation, that the laws of the United States are opposed, and the execution thereof obstructed, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the power vested in the marshals by law, any person or persons, his, her, or their agent, attorney, or employé, shall purchase or acquire, sell or give, any property of whatsoever kind or description, with intent to use or employ the same, or suffer the same to be used or employed, in aiding, abetting, or promoting such insurrection or resistance to the laws, or any person or persons engaged therein; or if any person or persons, being the owner or owners of any such property, shall knowingly use or employ, or consent to the use or employment of the same as aforesaid, all such property is hereby declared to be lawful subject of prize and capture wherever found; and it shall be the duty of the President of the United States to cause the same to be seized, confiscated, and condemned.

Sec. 2. And be it further enacted, That such prizes and capture shall be condemned in the district or circuit court of the United States having jurisdiction of the amount, or in admiralty in any district in which the same may be seized, or into which they may be taken and proceedings first instituted.

Sec. 3. And be it further enacted, That the Attorney-General, or any district attorney of the United States in which said property may at the time be, may institute the proceedings of condemnation, and in such case they shall be wholly for the benefit of the United States; or any person may file an information with such attorney, in which case the proceedings shall be for the use of such informer and the United States in equal parts.

Sec. 4. And be it further enacted, That whenever hereafter, during the present insurrection against the Government of the United States, any person claimed to be held to labor or service under the law of any State, shall be required or permitted by the person to whom such labor or service is claimed to be due, or by the lawful agent of such person, to take up arms against the United States, or shall be required or permitted by the person to whom such labor or service is claimed to be due, or his lawful agent, to work or to be employed in or upon any fort, navy yard, dock, armory, ship, entrenchment, or in any military or naval service whatsoever, against the Government and lawful authority of the United States, then, and in every such case, the person to whom such labor or service is claimed to be due shall forfeit his claim to such labor, any law of the State or of the United States to the contrary notwithstanding. And whenever thereafter the person claiming such labor or service shall seek to enforce his claim, it shall be a full and sufficient answer to such claim that the person whose service or labor is claimed had been employed in hostile service against the Government of the United States, contrary to the provisions of this act.

SOURCES: William MacDonald, Editor, Documentary Source Book of American History, 1606-1913, p. 443-4; Frank Moore, Editor, The Rebellion Record, Volume 2, p. 475-6

Sunday, April 5, 2015

Abraham Lincoln’s First Annual Message to Congress: December 3, 1861

Fellow citizens Of The Senate And House Of Representatives:

In the midst of unprecedented political troubles, we have cause of great gratitude to God for unusual good health and most abundant harvests.

You will not be surprised to learn that, in the peculiar exigencies of the times, our intercourse with foreign nations has been attended with profound solicitude, chiefly turning upon our own domestic affairs.

A disloyal portion of the American people have, during the whole year, been engaged in an attempt to divide and destroy the Union. A nation which endures factious domestic division is exposed to disrespect abroad, and one party, if not both, is sure, sooner or later, to invoke foreign intervention.

Nations thus tempted to interfere are not always able to resist the counsels of seeming expediency and ungenerous ambition, although measures adopted under such influences seldom fail to be unfortunate and injurious to those adopting them.

The disloyal citizens of the United States who have offered the ruin of our country in return for the aid and comfort which they have invoked abroad have received less patronage and encouragement than they probably expected. If it were just to suppose, as the insurgents have seemed to assume, that foreign nations, in this case, discarding all moral, social, and treaty obligations, would act solely and selfishly for the most speedy restoration of commerce, including especially the acquisition of cotton, those nations appear as yet not to have seen their way to their object more directly or clearly through the destruction than through the preservation of the Union. If we could dare to believe that foreign nations are actuated by no higher principle than this, I am quite sure a sound argument could be made to show them that they can reach their aim more readily and easily by aiding to crush this rebellion than by giving encouragement to it.
The principal lever relied on by the insurgents for exciting foreign nations to hostility against us, as already intimated, is the embarrassment of commerce. Those nations, however, not improbably saw from the first that it was the Union which made as well our foreign as our domestic commerce. They can scarcely have failed to perceive that the effort for disunion produces the existing difficulty, and that one strong nation promises more durable peace and a more extensive, valuable, and reliable commerce than can the same nation broken into hostile fragments.

It is not my purpose to review our discussions with foreign States, because whatever might be their wishes or dispositions the integrity of our country and the stability of our Government mainly depend, not upon them, but on the loyalty, virtue, patriotism, and intelligence of the American people. The correspondence itself, with the usual reservations, is herewith submitted.
I venture to hope it will appear that we have practiced prudence and liberality toward foreign powers, averting causes of irritation, and with firmness maintaining our own rights and honor.
Since, however, it is apparent that here, as in every other State, foreign dangers necessarily attend domestic difficulties, I recommend that adequate and ample measures be adopted for maintaining the public defenses on every side. While under this general recommendation provision for defending our sea-coast line readily occurs to the mind, I also, in the same connection, ask the attention of Congress to our great lakes and rivers. It is believed that some fortifications and depots of arms and munitions, with harbor and navigation improvements, all at well selected points upon these, would be of great importance to the national defense and preservation. I ask attention to the views of the Secretary of War, expressed in his report, upon the same general subject.

I deem it of importance that the loyal regions of East Tennessee and Western North Carolina should be connected with Kentucky and other faithful parts of the Union by railroad. I therefore recommend, as a military measure, that Congress provide for the construction of such road as speedily as possible. Kentucky no doubt will co-operate, and, through her Legislature, make the most judicious selection of a line. The northern terminus must connect with some existing railroad, and whether the route shall be from Lexington or Nicholasville to the Cumberland Gap, or from Lebanon to the Tennessee line in the direction of Knoxville, or on some still different line, can easily be determined. Kentucky and the General Government co-operating the work can be completed in a very short time, and when done it will be not only of vast present usefulness but also a valuable permanent improvement, worth its cost in all the future.

Some treaties, designed chiefly for the interests of commerce, and having no grave political importance, have been negotiated and will be submitted to the Senate for their consideration.

Although we have failed to induce some of the commercial powers to adopt a desirable melioration of the rigor of maritime war, we have removed all obstructions from the way of this humane reform, except such as are merely of temporary and accidental occurrence.

I invite your attention to the correspondence between Her Britannic Majesty's minister accredited to this Government and the Secretary of State relative to the detention of the British ship Perthshire, in June last, by the U. S. steamer Massachusetts, for a supposed breach of the blockade. As this detention was occasioned by an obvious misapprehension of the facts, and as justice requires that we should commit no belligerent act not founded in strict right, as sanctioned by public law, I recommend that an appropriation be made to satisfy the reasonable demand of the owners of the vessel for her detention.

I repeat the recommendation of my predecessor, in his annual message to Congress in December last, in regard to the disposition of the surplus which will probably remain after satisfying the claims of American citizens against China, pursuant to the awards of the commissioners under the act of the 3d of March, 1859. If, however, it should not be deemed advisable to carry that recommendation into effect, I would suggest that authority be given for investing the principal, over the proceeds of the surplus referred to, in good securities, with a view to the satisfaction of such other just claims of our citizens against China as are not unlikely to arise hereafter in the course of our extensive trade with that Empire.

By the act of the 5th of August last Congress authorized the President to instruct the commanders of suitable vessels to defend themselves against and to capture pirates. This authority has been exercised in a single instance only. For the more effectual protection of our extensive and valuable commerce, in the Eastern seas especially, it seems to me that it would also be advisable to authorize the commanders of sailing vessels to recapture any prizes which pirates may make of U. S. vessels and their cargoes, and the consular courts, now established by law in Eastern countries, to adjudicate the cases, in the event that this should not be objected to by the local authorities.

If any good reason exists why we should persevere longer in withholding our recognition of the independence and sovereignty of Hayti and Liberia, I am unable to discern it. Unwilling, however, to inaugurate a novel policy in regard to them without the approbation of Congress, I submit for your consideration the expediency of an appropriation for maintaining a charge d'affaires near each of those new States. It does not admit of doubt that important commercial advantages might be secured by favorable treaties with them.

The operations of the Treasury during the period which has elapsed since your adjournment have been conducted with signal success. The patriotism of the people has placed at the disposal of the Government the large means demanded by the public exigencies. Much of the national loan has been taken by citizens of the industrial classes, whose confidence in their country's faith and zeal for their country's deliverance from present peril have induced them to contribute to the support of the Government the whole of their limited acquisitions. This fact imposes peculiar obligations to economy in disbursement and energy in action.

The revenue from all sources, including loans, for the financial year ending on the 30th of June, 1861, was $86,835,900.27, and the expenditures for the same period, including payments on account of the public debt, were $84,578,834.47, leaving a balance in the Treasury on the 1st of July of $2,257,005.80. For the first quarter of the financial year, ending on the 30th of September, 1861, the receipts from all sources, including the balance of 1st of July, were $102,532,509.27, and the expenses $98,239,733.09, leaving a balance on the 1st of October, 1861, of $4,292,770.18.

Estimates for the remaining three quarters of the year, and for the financial year 1863, together with his views of ways and means for meeting the demands contemplated by them, will be submitted to Congress by the Secretary of the Treasury. It is gratifying to know that the expenditures made necessary by the rebellion are not beyond the resources of the loyal people, and to believe that the same patriotism which has thus far sustained the Government will continue to sustain it till peace and union shall again bless the land.

I respectfully refer to the report of the Secretary of War for information respecting the numerical strength of the Army, and for recommendations having in view an increase of its efficiency and the wellbeing of the various branches of the service intrusted to his care.  It is gratifying to know that the patriotism of the people has proved equal to the occasion and that the number of troops tendered greatly exceeds the force which Congress authorized me to call into the field.

I refer with pleasure to those portions of his report which make allusion to the creditable degree of discipline already attained by our troops, and to the excellent sanitary condition of the entire Army.

The recommendation of the Secretary for an organization of the militia upon a uniform basis is a subject of vital importance to the future safety of the country, and is commended to the serious attention of Congress.

The large addition to the Regular Army, in connection with the defection that has so considerably diminished the number of its officers, gives peculiar importance to his recommendation for increasing the corps of cadets to the greatest capacity of the Military Academy.

By mere omission, I presume, Congress has failed to provide chaplains for hospitals occupied by volunteers. This subject was brought to my notice, and I was induced to draw up the form of a letter, one copy of which, properly addressed, has been delivered to each of the persons, and at the dates respectively named and stated, in a schedule containing also the form of the letter, marked A, and herewith transmitted.

These gentlemen, I understand, entered upon the duties designated at the times respectively stated in the schedule and have labored faithfully therein ever since. I therefore recommend that they be compensated at the same rate as chaplains in the Army. I further suggest that general provision be made for chaplains to serve at hospitals, as well as with regiments.

The report of the Secretary of the Navy presents in detail the operations of that branch of the service, the activity and energy which have characterized its administration and the results of measures to increase its efficiency and power. Such have been the additions, by construction and purchase, that it may almost be said a navy has been created and brought into service since our difficulties commenced.

Besides blockading our extensive coast, squadrons larger than ever before assembled under our flag have been put afloat and performed deeds which have increased our naval renown.

I would invite special attention to the recommendation of the Secretary for a more perfect organization of the Navy by introducing additional grades in the service.

The present organization is defective and unsatisfactory, and the suggestions submitted by the Department will, it is believed, if adopted, obviate the difficulties alluded to, promote harmony, and increase the efficiency of the Navy.

There are three vacancies on the bench of the Supreme Court — two by the decease of Justices Daniel and McLean and one by the resignation of Justice Campbell. I have so far forborne making nominations to fill these vacancies for reasons which I will now state. Two of the outgoing judges resided within the States now overrun by revolt; so that if successors were appointed in the same localities they could not now serve upon their circuits; and many of the most competent men there probably would not take the personal hazard of accepting to serve, even here, upon the supreme bench. I have been unwilling to throw all the appointments northward, thus disabling myself from doing justice to the South on the return of peace; although I may remark that to transfer to the North one which has heretofore been in the South, would not, with reference to territory and population, be unjust.

During the long and brilliant judicial career of Judge McLean his circuit grew into an empire — altogether too large for any one judge to give the courts therein more than a nominal attendance — rising in population from 1,470,018 in 1830 to 6,151,405 in I860.

Besides this, the country generally has outgrown our present judicial system. If uniformity was at all intended, the system requires that all the States shall be accommodated with circuit courts, attended by supreme judges, while, in fact, Wisconsin, Minnesota, Iowa, Kansas, Florida, Texas, California, and Oregon have never had any such courts. Nor can this well be remedied without a change of the system; because the adding of judges to the Supreme Court, enough for the accommodation of all parts of the country with circuit courts, would create a court altogether too numerous for a judicial body of any sort. And the evil, if it be one, will increase as new States come into the Union. Circuit courts are useful, or they are not useful. If useful, no State should be denied them; if not useful, no State should have them. Let them be provided for all or abolished as to all.

Three modifications occur to me, either of which, I think, would be an improvement upon our present system. Let the Supreme Court be of convenient number in every event. Then, first, let the whole country be divided into circuits of convenient size, the supreme judges to serve in a number of them corresponding to their own number, and independent circuit judges be provided for all the rest; or, secondly, let the supreme judges be relieved from circuit duties, and circuit judges provided for all the circuits; or, thirdly, dispense with circuit courts altogether, leaving the judicial functions wholly to the district courts and an independent Supreme Court.

I respectfully recommend to the consideration of Congress the present condition of the statute laws, with the hope that Congress will be able to find an easy remedy for many of the inconveniences and evils which constantly embarrass those engaged in the practical administration of them. Since the organization of the Government Congress has enacted some 5,000 acts and joint resolutions, which fill more than 6,000 closely printed pages and are scattered through many volumes. Many of these acts have been drawn in haste and without sufficient caution, so that their provisions are often obscure in themselves or in conflict with each other, or at least so doubtful as to render it very difficult for even the best informed persons to ascertain precisely what the statute law really is.

It seems to me very important that the statute laws should be made as plain and intelligible as possible, and be reduced to as small a compass as may consist with the fullness and precision of the will of the Legislature and the perspicuity of its language. This, well done, would, I think, greatly facilitate the labors of those whose duty it is to assist in the administration of the laws, and would be a lasting benefit to the people, by placing before them, in a more accessible and intelligible form, the laws which so deeply concern their interests and their duties.

I am informed by some whose opinions I respect that all the acts of Congress now in force, and of a permanent and general nature, might be revised and rewritten so as to be embraced in one volume (or at most, two volumes) of ordinary and convenient size; and I respectfully recommend to Congress to consider of the subject, and if my suggestion be approved, to devise such plan as to their wisdom shall seem most proper for the attainment of the end proposed.

One of the unavoidable consequences of the present insurrection is the entire suppression, in many places, of all the ordinary means of administering civil justice by the officers and in the forms of existing law. This is the case, in whole or in part, in all the insurgent States; and as our armies advance upon and take possession of parts of those States the practical evil becomes more apparent. There are no courts nor officers to whom the citizens of other States may apply for the enforcement of their lawful claims against citizens of the insurgent States, and there is a vast amount of debt constituting such claims. Some have estimated it as high as $200,000,000, due in large part from insurgents, in open rebellion, to loyal citizens, who are even now making great sacrifices in the discharge of their patriotic duty to support the Government.

Under these circumstances, I have been urgently solicited to establish, by military power, courts to administer summary justice in such cases. I have thus far declined to do it, not because I had any doubt that the end proposed — the collection of the debts — was just and right in itself, but because I have been unwilling to go beyond the pressure of necessity in the unusual exercise of power; but the powers of Congress, I suppose, are equal to the anomalous occasion, and therefore I refer the whole matter to Congress, with the hope that a plan may be devised for the administration of justice in all such parts of the insurgent States and Territories as may be under the control of this Government, whether by a voluntary return to allegiance and order or by the power of our arms; this, however, not to be a permanent institution, but a temporary substitute, and to cease as soon as the ordinary courts can be re-established in peace.

It is important that some more convenient means should be provided, if possible, for the adjustment of claims against the Government, especially in view of their increased number by reason of the war. It is as much the duty of Government to render prompt justice against itself, in favor of citizens, as it is to administer the same between private individuals. The investigation and adjudication of claims in their nature belong to the judicial department; besides, it is apparent that the attention of Congress will be more than usually engaged for some time to come with great national questions. It was intended by the organization of the Court of Claims mainly to remove this branch of business from the halls of Congress; but while the court has proved to be an effective and valuable means of investigation, it in great degree fails to effect the object of its creation for want of power to make its judgments final.

Fully aware of the delicacy, not to say the danger, of the subject, I commend to your careful consideration whether this power of making judgments final may not properly be given to the court, reserving the right of appeal on questions of law to the Supreme Court, with such other provisions as experience may have shown to be necessary.

I ask attention to the report of the Postmaster-General, the following being a summary statement of the condition of the Department:

The revenue from all sources during the fiscal year ending June 30, 1861, including the annual permanent appropriation of $700,000 for the transportation of “free mail matter,” was $9,049,296.40, being about 2 per cent, less than the revenue for 1860.

The expenditures were $13,606,759.11, showing a decrease of more than 8 per cent, as compared with those of the previous year, and leaving an excess of expenditure over the revenue for the last fiscal year of 81,557,462.71.

The gross revenue for the year ending June 30,1863, is estimated at an increase of 4 per cent, on that of 1861, making $8,683,000, to which should be added the earnings of the Department in carrying free matter, viz, $700,000, making $9,383,000.

The total expenditures for 1863 are estimated at $12,528,000, leaving an estimated deficiency of $3,145,000 to be supplied from the Treasury, in addition to the permanent appropriation.

The present insurrection shows, I think, that the extension of this District across the Potomac River at the time of establishing the capital here was eminently wise, and consequently that the relinquishment of that portion of it which lies within the State of Virginia was unwise and dangerous. I submit for your consideration the expediency of regaining that part of the District, and the restoration of the original boundaries thereof, through negotiations with the State of Virginia.

The report of the Secretary of the Interior, with the accompanying documents, exhibits the condition of the several branches of the public business pertaining to that Department. The depressing influences of the insurrection have been especially felt in the operations of the Patent and General Land Offices. The cash receipts from the sales of public lands during the past year have exceeded the expenses of our land system only about $200,000. The sales have been entirely suspended in the Southern States, while the interruptions to the business of the country and the diversion of large numbers of men from labor to military service have obstructed settlements in the new States and Territories of the Northwest.

The receipts of the Patent Office have declined in nine months about $100,000, rendering a large reduction of the force employed necessary to make it self sustaining.

The demands upon the Pension Office will be largely increased by the insurrection. Numerous applications for pensions, based upon the casualties of the existing war, have already been made. There is reason to believe that many who are now upon the pension rolls and in receipt of the bounty of the Government are in the ranks of the insurgent army or giving them aid and comfort. The Secretary of the Interior has directed a suspension of the payment of the pensions of such persons upon proof of their disloyalty. I recommend that Congress authorize that officer to cause the names of such persons to be stricken from the pension rolls.

The relations of the Government with the Indian tribes have been greatly disturbed by the insurrection, especially in the Southern superintendency and in that of New Mexico. The Indian country south of Kansas is in the possession of insurgents from Texas and Arkansas. The agents of the United States appointed since the 4th of March for this superintendency have been unable to reach their posts, while the most of those who were in office before that time have espoused the insurrectionary cause and assume to exercise the powers of agents by virtue of commissions from the insurrectionists. It has been stated in the public press that a portion of those Indians have been organized as a military force and are attached to the army of the insurgents. Although the Government has no official information upon this subject, letters have been written to the Commissioner of Indian Affairs by several prominent chiefs giving assurance of their loyalty to the United States and expressing a wish for the presence of Federal troops to protect them. It is believed that upon the repossession of the country by the Federal forces the Indians will readily cease all hostile demonstrations and resume their former relations to the Government.

Agriculture, confessedly the largest interest of the nation, has not a department nor a bureau, but a clerkship only, assigned to it in the Government. While it is fortunate that this great interest is so independent in its nature as to not have demanded and extorted more from the Government I respectfully ask Congress to consider whether something more cannot be given voluntarily with general advantage.

Annual reports exhibiting the condition of our agriculture, commerce, and manufactures would present a fund of information of great practical value to the country. While I make no suggestion as to details, I venture the opinion that an agricultural and statistical bureau might profitably be organized.

The execution of the laws for the suppression of the African slave trade has been confided to the Department of the Interior. It is a subject of gratulation that the efforts which have been made for the suppression of this inhuman traffic have been recently attended with unusual success. Five vessels being fitted out for the slave trade have been seized and condemned. Two mates of vessels engaged in the trade, and one person in equipping a vessel as a slaver, have been convicted and subjected to the penalty of fine and imprisonment, and one captain, taken with a cargo of Africans on board his vessel, has been convicted of the highest grade of offense under our laws, the punishment of which is death.

The Territories of Colorado, Dakota, and Nevada, created by the last Congress, have been organized, and civil administration has been inaugurated therein under auspices especially gratifying, when it is considered that the leaven of treason was found existing in some of these new countries when the Federal officers arrived there.

The abundant natural resources of these Territories, with the security and protection afforded by organized government, will doubtless invite to them a large immigration when peace shall restore the business of the country to its accustomed channels. I submit the resolutions of the Legislature of Colorado, which evidence the patriotic spirit of the people of the Territory. So far the authority of the United States has been upheld in all the Territories, as it is hoped it will be in the future. I commend their interests and defense to the enlightened and generous care of Congress.

I recommend to the favorable consideration of Congress the interests of the District of Columbia. The insurrection has been the cause of much suffering and sacrifice to its inhabitants, and as they have no representative in Congress, that body should not overlook their just claims upon the Government.

At your late session a joint resolution was adopted authorizing the President to take measures for facilitating a proper representation of the industrial interests of the United States at the exhibition of the industry of all nations to be holden at London in the year 1862. I regret to say I have been unable to give personal attention to this subject — a subject at once so interesting in itself and so extensively and intimately connected with the material prosperity of the world. Through the Secretaries of State and of the Interior a plan, or system, has been devised and partly matured, and which will be laid before you.

Under and by virtue of the act of Congress entitled “An act to confiscate property used for insurrectionary purposes,” approved August 6, 1861, the legal claims of certain persons to the labor and service of certain other persons have become forfeited, and numbers of the latter thus liberated are already dependent on the United States and must be provided for in some way. Besides this, it is not impossible that some of the States will pass similar enactments for their own benefit, respectively, and by operation of which persons of the same class will be thrown upon them for disposal. In such case I recommend that Congress provide for accepting such persons from such States according to some mode of valuation in lieu, pro tanto, of direct taxes, or upon some other plan to be agreed on with such States, respectively; that such persons on such acceptance by the General Government be at once deemed free; and that in any event steps be taken for colonizing both classes (or the one first mentioned if the other shall not be brought into existence) at some place or places in a climate congenial to them. It might be well to consider, too, whether the free colored people already in the United States could not, so far as individuals may desire, be included in such colonization.

To carry out the plan of colonization may involve the acquiring of territory, and also the appropriation of money beyond that to be expended in the territorial acquisition. Having practiced the acquisition of territory for nearly sixty years, the question of constitutional power to do so is no longer an open one with us. The power was questioned at first by Mr. Jefferson, who, however, in the purchase of Louisiana, yielded his scruples on the plea of great expediency. If it be said that the only legitimate object of acquiring territory is to furnish homes for white men, this measure effects that object; for the emigration of colored men leaves additional room for white men remaining or coming here. Mr. Jefferson, however, placed the importance of procuring Louisiana more on political and commercial grounds than on providing room for population.

On this whole proposition, including the appropriation of money with the acquisition of territory, does not the expediency amount to absolute necessity — that, without which the Government itself cannot be perpetuated!

The war continues. In considering the policy to be adopted for suppressing the insurrection, I have been anxious and careful that the inevitable conflict for this purpose shall not degenerate into a violent and remorseless revolutionary struggle. I have, therefore, in every case, thought it proper to keep the integrity of the Union prominent as the primary object of the contest on our part, leaving all questions which are not of vital military importance to the more deliberate action of the Legislature.

In the exercise of my best discretion I have adhered to the blockade of the ports held by the insurgents, instead of putting in force, by proclamation, the law of Congress enacted at the late session for closing those ports.

So, also, obeying the dictates of prudence, as well as the obligations of law, instead of transcending, I have adhered to the act of Congress to confiscate property used for insurrectionary purposes. If a new law upon the same subject shall be proposed, its propriety will be duly considered. The Union must be preserved; and hence, all indispensable means must be employed. We should not be in haste to determine that radical and extreme measures, which may reach the loyal as well as the disloyal, are indispensable.

The inaugural address at the beginning of the Administration and the message to Congress at the late special session were both mainly devoted to the domestic controversy out of which the insurrection and consequent war have sprung. Nothing now occurs to add or subtract, to or from, the principles, or general purposes, stated and expressed in those documents.

The last ray of hope for preserving the Union peaceably expired at the assault upon Fort Sumter; and a general review of what has occurred since may not be unprofitable. What was painfully uncertain then is much better defined and more distinct now; and the progress of events is plainly in the right direction. The insurgents confidently claimed a strong support from north of Mason and Dixon's line; and the friends of the Union were not free from apprehension on the point. This, however, was soon settled definitely, and on the right side. South of the line, noble little Delaware led off right from the first. Maryland was made to seem against the Union. Our soldiers were assaulted, bridges were burned, and railroads torn up within her limits; and we were many days, at one time, without the ability to bring a single regiment over her soil to the capital. Now her bridges and railroads are repaired and open to the Government; she already gives seven regiments to the cause of the Union and none to the enemy; and her people, at a regular election, have sustained the Union by a larger majority and a larger aggregate vote than they ever before gave to any candidate or any question. Kentucky, too, for some time in doubt, is now decidedly, and, I think, unchangeably, ranged on the side of the Union. Missouri is comparatively quiet; and I believe cannot again be overrun by the insurrectionists. These three States of Maryland, Kentucky, and Missouri, neither of which would promise a single soldier at first, have now an aggregate of not less than 40,000 in the field for the Union; while, of their citizens, certainly not more than a third of that number, and they of doubtful whereabouts, and doubtful existence, are in arms against it. After a somewhat bloody struggle of months, winter closes on the Union people of Western Virginia, leaving them masters of their own country.

An insurgent force of about 1,500, for months dominating the narrow peninsular region constituting the counties of Accomuc and Northampton, and known as Eastern Shore of Virginia, together with some contiguous parts of Maryland, have laid down their arms; and the people there have renewed their allegiance to and accepted the protection of the old flag. This leaves no armed insurrectionist north of the Potomac or east of the Chesapeake.

Also we have obtained a footing at each of the isolated points on the Southern coast, of Hatteras, Port Royal, Tybee Island, near Savannah, and Ship Island; and we likewise have some general accounts of popular movements in behalf of the Union in North Carolina and Tennessee.

These things demonstrate that the cause of the Union is advancing steadily and certainly southward.

Since your last adjournment Lieutenant General Scott has retired from the head of the Army. During his long life the nation has not been unmindful of his merits; yet, on calling to mind how faithfully, ably, and brilliantly he has served the country, from a time far back in our history, when few of the now living had been born, and thenceforward continually, 1 cannot but think we are still his debtors. I submit, therefore, for your consideration, what further mark of recognition is due to him, and to ourselves, as a grateful people.

With the retirement of General Scott came the executive duty of appointing, in his stead, a general-in-chief of the army. It is a fortunate circumstance that neither in council nor country was there, so far as I know, any difference of opinion as to the proper person to be selected. The retiring chief repeatedly expressed his judgment in favor of General McClellan for the position; and in this the nation seemed to give a unanimous concurrence. The designation of General McClellan is, therefore, in considerable degree, the selection of the country, as well as of the Executive; and hence there is better reason to hope there will be given him the confidence and cordial support thus, by fair implication, promised, and without which he cannot, with so full efficiency, serve the country.

It has been said that one bad general is better than two good ones; and the saying is true, if taken to mean no more than that an army is better directed by a single mind, though inferior, than by two superior ones at variance and cross-purposes with each other.

And the same is true in all joint operations wherein those engaged can have none but a common end in view, and can differ only as to the choice of means. In a storm at sea no one on board can wish the ship to sink; and yet, not unfrequently, all go down together, because too many will direct, and no single mind can be allowed to control.

It continues to develop that the insurrection is largely, if not exclusively, a war upon the first principle of popular government — the rights of the people. Conclusive evidence of this is found in the most grave and maturely considered public documents, as well as in the general tone of the insurgents. In those documents we find the abridgment of the existing right of suffrage, and the denial to the people of all right to participate in the selection of public officers, except the legislative, boldly advocated, with labored arguments to prove that large control of the people in government is the source of all political evil. Monarchy itself is sometimes hinted at as a possible refuge from the power of the people.

In my present position I could scarcely be justified were I to omit raising a warning voice against this approach of returning despotism.

It is not needed, nor fitting here, that a general argument should be made in favor of popular institutions; but there is one point, with its connections, not so hackneyed as most others, to which I ask a brief attention. It is the effort to place capital on an equal footing with, if not above, labor in the structure of government. It is assumed that labor is available only in connection with capital; that nobody labors unless somebody else, owning capital, somehow by the use of it induces him to labor. This assumed, it is next considered whether it is best that capital shall hire laborers, and thus induce them to work by their own consent, or buy them, and drive them to it without their consent. Having proceeded so far, it is naturally concluded that all laborers are either hired laborers, or what we call slaves. And further, it is assumed that whoever is once a hired laborer is fixed in that condition for life.

Now, there is no such relation between capital and labor as assumed; nor is there any such thing as a free man being fixed for life in the condition of a hired laborer. Both these assumptions are false, and all inferences from them are groundless.

Labor is prior to, and independent of, capital. Capital is only the fruit of labor, and could never have existed if labor had not first existed. Labor is the superior of capital, and deserves much the higher consideration. Capital has its rights, which are as worthy of protection as any other rights. Nor is it denied that there is, and probably always will be, a relation between labor and capital, producing mutual benefits. The error is in assuming that the whole labor of community exists within that relation. A few men own capital, and that few avoid labor themselves, and, with their capital, hire or buy another few to labor for them. A large majority belong to neither class — neither work for others nor have others working for them. In most of the Southern States a majority of the whole people of all colors are neither slaves nor masters; while in the Northern a large majority are neither hirers nor hired. Men with their families — wives, sons, and daughters — work for themselves, on their farms, in their houses, and in their shops, taking the whole product to themselves, and asking no favors of capital on the one hand nor of hired laborers or slaves on the other. It is not forgotten that a considerable number of persons mingle their own labor with capital — that is, they labor with their own hands, and also buy or hire others to labor for them; but this is only a mixed, and not a distinct class. No principle stated is disturbed by the existence of this mixed class.

Again, as has already been said, there is not, of necessity, any such thing as the free hired laborer being fixed to that condition for life. Many independent men everywhere in these States, a few years back in their lives, were hired laborers. The prudent, penniless beginner in the world labors for wages awhile, saves a surplus with which to buy tools or land for himself, then labors on his own account another while, and at length hires another new beginner to help him. This is the just and generous and prosperous system which opens the way to all — gives hope to all, and consequent energy and progress and improvement of condition to all. No men living are more worthy to be trusted than those who toil up from poverty—none less inclined to take, or touch, aught which they have not honestly earned. Let them beware of surrendering a political power which they already possess, and which, if surrendered, will surely be used to close the door of advancement against such as they, and to fix new disabilities and burdens upon them, till all of liberty shall be lost.

From the first taking of our national census to the last are seventy years; and we find our population, at the end of the period, eight times as great as it was at the beginning. The increase of those other things which men deem desirable has been even greater. We thus have, at one view, what the popular principle, applied to government through the machinery of the States and the Union, has produced in a given time; and also what, if firmly maintained, it promises for the future. There are already among us those who, if the Union be preserved, will live to see it contain two hundred and fifty millions. The struggle of to-day is not altogether for to-day — it is for a vast future also. With a reliance on Providence all the more firm and earnest, let us proceed in the great task which events have devolved upon us.

ABRAHAM LINCOLN.
Washington, December 3, 1861.

SOURCES: The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies, Series III, Volume 1 (Serial No. 122), p. 709-21; Basler, Roy P. Editor, The Collected Works of Abraham Lincoln, Vol. 5, p. 35-53;