Showing posts with label US Supreme Court. Show all posts
Showing posts with label US Supreme Court. Show all posts

Wednesday, June 15, 2016

Diary of William Howard Russell: May 18, 1861

An exceedingly hot day, which gives bad promise of comfort for the Federal soldiers, who are coming, as the Washington Government asserts, to put down rebellion in these quarters. The mosquitoes are advancing in numbers and force. The day I first came I asked the waiter if they were numerous. “I wish they were a hundred times as many,” said he. On my inquiring if he had any possible reason for such an extraordinary aspiration, he said, “because we would get rid of these darned black republicans out of Fort Pickens all the sooner.” The man seemed to infer that they would not bite the Confederate soldiers.

I dined at Dr. Nott's, and met Judge Campbell, who has resigned his high post as one of the Judges of the Supreme Court of the United States, and explained his reasons for doing so in a letter, charging Mr. Seward with treachery, dissimulation, and falsehood. He seemed to me a great casuist rather than a profound lawyer, and to delight in subtle distinctions and technical abstractions; but I had the advantage of hearing from him at great length the whole history of the Dred Scott case, and a recapitulation of the arguments used on both sides, the force of which, in his opinion, was irresistibly in favor of the decision of the Court. Mr. Forsyth, Colonel Hardee, and others were of the company.

To me it was very painful to hear a sweet ringing silvery voice, issuing from a very pretty mouth, “I'm so delighted to hear that the Yankees in Fortress Monroe have got typhus fever. I hope it may kill them all.” This was said by one of the most charming young persons possible, and uttered with unmistakable sincerity, just as if she had said, “I hear all the snakes in Virginia are dying of poison.” I fear the young lady did not think very highly of me for refusing to sympathize with her wishes in that particular form. But all the ladies in Mobile belong to “The Yankee Emancipation Society.” They spend their days sewing cartridges, carding lint, preparing bandages, and I'm not quite sure that they don't fill shells and fuses as well. Their zeal and energy will go far to sustain the South in the forthcoming struggle, and no where is the influence of women greater than in America.

As to Dr. Nott, his studies have induced him to take a purely materialist view of the question of slavery, and, according to him, questions of morals and ethics, pertaining to its consideration, ought to be referred to the cubic capacity of the human cranium — the head that can take the largest charge of snipe shot will eventually dominate in some form or other over the head of inferior capacity. Dr. Nott detests slavery, but he does not see what is to be done with the slaves, and how the four millions of negroes are to be prevented from becoming six, eight, or ten millions, if their growth is stimulated by high prices for Southern produce.

There is a good deal of force in the observation which I have heard more than once down here, that Great Britain could not have emancipated her negroes had they been dwelling within her border, say in Lancashire or Yorkshire. No inconvenience was experienced by the English people per se in consequence of the emancipation, which for the time destroyed industry and shook society to pieces in Jamaica. Whilst the States were colonies, Great Britain viewed the introduction of slaves to such remote dependencies with satisfaction, and when the United States had established their sovereignty they found the institution of slavery established within their own borders, and an important, if not essential, stratum in their social system. The work of emancipation would have then been comparatively easy; it now is a stupendous problem which no human being has offered to solve.

SOURCE: William Howard Russell, My Diary North and South, p. 225-6

Sunday, June 28, 2015

Congressman Horace Binney to Francis Lieber, February 8, 1860

Philada., Feb. 8, 1860.

. . . The safer principle to adopt in regard to the Dred Scott case, I think, is, that when the Constitution has been interpreted on a contested point, by the Supreme Court, and that interpretation practically followed for more than half a century, no contrary decision by the same court can have the least authority whatever. This is the specific rule that I would apply.

There is no Constitution without it. If the Dred Scott case is followed, we have no unchanging Constitution whatever. It will be “alia lex Romœ, alia Athenis, alia nunc, alia posthac. Cicero had no notion of such a law.

They talk of overruling the former decisions and practice. Whoever heard of such a thing being done by the same tribunal? How can it overrule its own body, confirmed by the decisions of Presidents over and over again, and by the laws of the Representatives of the people? The judges have done an awful thing, as I have already told you; and my word for it, it will not stand one moment if this government stands. You know how the Amphictyonic Council fell when it went into politics and decided corruptly between Sparta and Thebes. So it will be here, unless the Dred Scott case is brushed away. . . .

SOURCE: Charles Chauncey Binney, The Life of Horace Binney: With Selections from His Letters, p. 296-7

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;

Friday, December 12, 2014

Diary of Mary Boykin Chesnut: March 8, 1861

Judge Campbell,1 of the United States Supreme Court, has resigned. Lord! how he must have hated to do it. How other men who are resigning high positions must hate to do it. Now we may be sure the bridge is broken. And yet in the Alabama Convention they say Reconstructionists abound and are busy. Met a distinguished gentleman that I knew when he was in more affluent circumstances. I was willing enough to speak to him, but when he saw me advancing for that purpose, to avoid me, he suddenly dodged around a corner — William, Mrs. de Saussure's former coachman. I remember him on his box, driving a handsome pair of bays, dressed sumptuously in blue broadcloth and brass buttons; a stout, respectable, fine-looking, middle-aged mulatto. He was very high and mighty. Night after night we used to meet him as fiddler-in-chief of all our parties. He sat in solemn dignity, making faces over his bow, and patting his foot with an emphasis that shook the floor. We gave him five dollars a night; that was his price. His mistress never refused to let him play for any party. He had stable-boys in abundance. He was far above any physical fear for his sleek and well-fed person. How majestically he scraped his foot as a sign that he was tuned up and ready to begin!  Now he is a shabby creature indeed. He must have felt his fallen fortunes when he met me — one who knew him in his prosperity. He ran away, this stately yellow gentleman, from wife and children, home and comfort. My Molly asked him “Why? Miss Liza was good to you, I know.” I wonder who owns him now; he looked forlorn. Governor Moore brought in, to be presented to me, the President of the Alabama Convention. It seems I had known him before; he had danced with me at a dancing-school ball when I was in short frocks, with sash, flounces, and a wreath of roses. He was one of those clever boys of our neighborhood, in whom my father saw promise of better things, and so helped him in every way to rise, with books, counsel, sympathy. I was enjoying his conversation immensely, for he was praising my father2 without stint, when the Judge came in, breathing fire and fury. Congress has incurred his displeasure. We are abusing one another as fiercely as ever we have abused Yankees. It is disheartening.
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1 John Archibald Campbell, who had settled in Montgomery and was appointed Associate Justice of the United States Supreme Court by President Pierce in 1853. Before he resigned, he exerted all his influence to prevent Civil War and opposed secession, although he believed that States had a right to secede.

2 Mrs. Chesnut's father was Stephen Decatur Miller, who was born in South Carolina in 1787, and died in Mississippi in 1838. He was elected to Congress in 1816, as an Anti-Calhoun Democrat, and from 1828 to 1830 was Governor of South Carolina. He favored Nullification, and in 1830 was elected United States Senator from South Carolina, but resigned three years afterward in consequence of ill health. In 1835 he removed to Mississippi and engaged in cotton growing.

SOURCE: Mary Boykin Chesnut, Edited by Isabella D. Martin and Myrta Lockett Avary, A Diary From Dixie, p. 14-6

Sunday, February 2, 2014

Diary of Edward Bates, January 10, 1862

Disappointed in the S.[upreme] C.[ourt] by the postponement of the School cases, I hastened to C.[abinet] C.[ouncil] where we had a free consultation, which disclosed great negligence, ignorance and lack of preparation and forethought. Nothing is ready. McClellan is still sick, and nobody knows his plans, if he have any (which with me is very doubtful). The expeditions for the South do not go19 — nobody knows why not — The boats and bomb-rafts at Cairo are not ready20 — not manned — Indeed we do not know that the mortars have reached there — Strange enough, the boats are under the War Dept., and yet are commanded by naval officers. Of course, they are neglected — no one knows any thing about them.

I advised the Prest. to restore all the floating force to the command of the Navy Dept, with orders to cooperate with the army, just as the Navy on the sea coast does.

Again, I urged upon the Prest. to take and act out the powers of his place, to command the commanders — and especially to order regular, periodical reports, shewing the exact state of the army, every where. And to that end—

I renewed formally, and asked that it be made a question before the Cabinet, — my proposition, often made heretofore — that the President as “ Comm[an]der in Chief of the Army and Navy ” do organize a Staff of his own, and assume to be in fact, what he is in law, the Chief Commander. His aid[e]s could save him a world of trouble and anxiety — collect and report to him all needed information, and keep him constantly informed, at a moment’s warning — keep his military and naval books and papers — conduct his military correspondence, — and do his bidding generally “in all the works of war[.]”

It is objected (by both the Prest. and Sec of War) not that the thing is wrong or undesirable in itself but that the Generals wd. get angry — quarrel &c!!  I answer — Of course the Genls — especially the Chief21 —would object—.  they wish to give but not receive orders — If I were Prest, and I found them restive under the command of a superior, they should soon have no inferiors to command. All of them have been lately made of comparatively raw material, taken from the lower grates [sic] of the army officers or from civil life. The very best of them — McClellan, McDowell,22 Halleck23 &c until very lately, never commanded more than a battallion [sic]. They have no experience in the handling of large bodies of men, and are no more to be trusted in that respect, than other men of good sense, lately their equals in rank and position. If therefore, they presume to quarrel with the orders of their superior — their constitutional commander — for that very reason, they ought to be dismissed, and I would do, it in full confidence that I could fill their places with quite as good men, chosen as they were chosen, from the lower grades of officers, from the ranks of the army, or from civil life.

There can be no lawful, just or honest cause of dissatisfaction because the President assumes, in practise, the legitimate duties of his place — His powers are all duties — He has no privileges, no powers granted to him for his own sake, and he has no more right to refuse to exercise his constitutional powers than he has to assume powers not granted. He (like us, his official inferiors) cannot evade his responsibilities. He must shew to the nation and to posterity, how he has discharged the duties of his Stewardship, in this great crisis. And if he will only trust his own good judgment more, and defer less, to the opinions of his subordinates, I have no doubt that the affairs of the war and the aspect of the whole country, will be quickly and greatly changed for the better.

I think it unjust to to [sic] those Genls. to impute to them such unsoldierly conduct. Very probably, they would object and grumble in advance, in the hope of deterring the President from that course, 24 but the resolve, once taken, would work its own moral and peaceful triumph. For those generals are, undoubtedly, men of sense, prudence and patriotism, and, for their own, as well as their country’s good, would obey their official superior, as cheerfully and heartily as they expect their inferiors to obey them. If, however, contrary to professional duty, to the moral sense of right, and to sound logic, they should act otherwise, that fact would be proof positive of unfitness to command, and, for that cause, they ought to be instantly removed.

If a Major Genl. may be allowed to complain because the President has about him a staff — the means and m[a]chinery of knowledge and of action — why may not a Brigadier complain that his Major Genl. is so accom[m]odated? The idea seems to me absurd. The very thought is insubordinate, and smacks of mutiny.

My proposition assumes that the President is, in fact as well as theory, commander in chief (not in detail) of the army and navy; and that he is bound to exercise the powers of that high post, as legal duties. And that he cannot perform those duties intelligently and efficiently, by his own unassisted, personal powers — He must have aides, by whatever names you call them; for they are as necessary to the proper exercise of those official functions, as the bodily senses are to the proper perception and action of the individual man. If it be the duty of the President, as I do not doubt that it is, to command, it would seem to follow, of necessity, that he must have, constantly at hand and under his personal orders, the usual means and machinery for the performance of that duty, with knowledge and with effect.

In at least one important sense, I consider the Departments of War and Navy as constituting the Staff of the Commander in chief, and it does seem to me highly important that he should have, always near him, intelligent and confidential persons, to facilitate his intercourse with that multitudinous staff.

If it be not the President’s duty to command, then it is not his right, and prudence would seem to require him to renounce all control of the affairs of war, and cast all the responsibility upon those who are entrusted with the actual command — But this he cannot do, because the constitution forbids it, in declaring that he “shall be Commander in chief.”

I see not the slightest use for A General in chief of the army. When we had peace with all the world, and a little nucleous of an army, of about 15.000 men, and had the veteran Lieut. General Scott as our first officer, perhaps it was well enough to give him that honorary title. But now, that we have a war spreading over half a continent, and have many armies, reaching, in the aggregate to over 600.000 men, it is simply impossible for any one general, usefully and well, to command all those armies. The army of the Potomac alone is quite enough for any one man to command in detail, and more than almost any one can do, with assurance of good success.

The President being a Civil Magistrate and not a military chief, and being the lawful commander in chief of the army, needs, more than any well-trained general can need, in his intercourse with and his control of the army, the assistance of skillful and active aid[e]s, always near his person. And I indulge the hope that he will find it right to appoint and organize just such and so many as his exigencies may seem to require; and I say all this in the confident belief, that his own reputation, now and hereafter, and the present and permanent good of the Country, do require such an organization.25
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19 “Butler’s and Burnside’s. See supra, Dec. 31, 1861.
20 “They were being collected for the attack on Fort Henry which took place in early February.
21 George B. McClellan.
22 Supra, Nov. 16, 1861, note 53.
23 Supra, Nov. 13, 1861, note 37.
24 Inserted later in the margin.
25 See supra, Dec. 31, 1861, note 64.

SOURCE: Howard K. Beale, Editor, The Diary of Edward Bates, published in The Annual Report Of The American Historical Association For The Year 1930 Volume 4, p. 243-6

Sunday, April 28, 2013

Judge Swayne’s appointment confirmed

WASHINGTON, Jan. 24. – In Executive Session the Senate confirmed Judge Swayne as Judge of the Supreme Court, and P. H. Watson as Assistant Secretary of War.

The House Committee on Commerce has before them a question of a reciprocity treaty between the United States and Great Britain.

– Published in The Burlington Weekly Hawk-Eye, Burlington, Iowa, Saturday, February 1, 1862, p. 4

Saturday, December 22, 2012

Decision Of A $250,000 Land Suit

The Supreme Court of the United States at Washington, recently made a final decision in the case of Joseph Darst, James P. Harkness and Maria Harkness against Isaac Underhill relative to the title to about forty acres of land lying on North Madison and Monroe streets in Underhill’s addition to Peoria.  The value of the land is some $250,000, and the matter has been in litigation for some eight or ten years.  The case was decided a year or two ago in the United States District Court at Chicago, in favor of Mr. Underhill, and taken up to the Supreme Court by the other parties. – The latter court now affirms the decree of the lower Court, placing Mr. Underhill in full and quiet possession of the property. –{Peoria Transcript.

– Published in The Burlington Weekly Hawk-Eye, Burlington, Iowa, Saturday, April 5, 1862, p. 2

Friday, September 21, 2012

Washington Items

WASHINGTON, March 17. – Gen. Fremont has had an interview with the President and the Secretary of war.  He will press his affairs promptly starting to his department.  His staff will therefore be determined on at an early day.  His headquarters will be in the field.  Colonel Shanks, of the House of Representatives, will accompany him as soon as his duties will permit.

A large number of applications have been made by volunteer officers to be appointed to the regular army, but these have been unsuccessful, among other reasons the difficulty of discriminating as to the relative merits of the applicants.

The Senate was four hours in Executive Session to-day and confirmed the following nominations for Brigadier-Generals of volunteers:

Major Wm. F. Barry, Chief of Artillery and Aid to Gen. McClellan’s Staff; Willis A. Gorman, of Minnesota; Col. Schuyler Hamilton, Thomas L. Price, Member of Congress from Missouri Major Jas. N. Hamor, 5th Cavalry, Lieut. Col. Wm. H. Emory, 6th cavalry, Major Andrew J. Smith, 5th cavalry, Moritena L. Patrick, of New Jersey, Isaac F. Arndy, of New Jersey, Otis S. Fry, of Connecticut, Herman G. Berry, of Maine.


WASHINGTON, March 17. – The Clothing Inspection Board concluded its labors to-day and showed its report to the Quarter Master General.  Over two million dollars worth of clothing was condemned.  The testimony taken revealed gross frauds perpetrated against the Government.  These frauds are consequent upon collusion between contractors and manufacturers.

The Monitor is lying in wait for the Merrimac at Fort Monroe.

Com. Goldsboro had received intelligence from the Burnside Expedition.  It was still pursuing its plans, having accomplished everything which it set out to do.  It was just on the eve of making an attack on Newbern.

The Commission to inquire into the cases of political prisoners met at 12 o’clock to-day and the following matters were settled as to its course of action.  The examination will be secret and exparte statements will be received exclusively as to the prisoners held here.  The Commission will adjourn from place to place, examining the prisoners at the localities of their confinement.


WASHINGTON, March 18. – The President has made the following appointments of Cadets at West Point.

Edward W. Baker, Illinois; Steward S. Bayless, Kentucky; Wm. H. Uppenwas, Henry Winter, Jr., Edward Sharp, Mo.; Erastus Gaines, Ill.; Chas. Woodson, Baltimore, also Richard Taylor Churchill, District of Columbia.  The last mentioned is a son of the late Captain Churchill, U. S. A., who died in the service in Mexico.

The Supreme Court has decided after an elaborate argument two cases, namely, the United States against Lysander Babbitt and the United States against Robert Coles in favor of settling them in that the Registers and Receivers of public lands cannot return the fees on military bounty land warrants beyond the compensation of $3,000 per annum, to which they were limited by act of 1818.  This decision of a long contested question saves the Government nearly a million of dollars.  The argument on behalf of the Government was prepared and conducted by Assistant Adjutant General Coffin.

It is reported that there are numerous Railroad Representatives here preparing applications to Congress for pecuniary assistance to complete the present lines and open new routes, to an amount, exceeding in the aggregate of fifteen million dollars.  An effort will be made to induce congress to aid their plans either by the government endorsing their bonds, or in the shape of a donation upon the ground of national necessity.

Information received at the State Department indicates a very vigorous re-action against Gen. Mosquara.  Neither the Government of the U. States, or that of Great Britain have ever recognized that government.

Brig. Gen. Burnside was this p.m. confirmed by the Senate as Maj. General of Volunteers.

Diplomatic critics are seriously disturbed by the authentic news received from Cuba, announcing a serious misunderstanding between the allied powers in Mexico.

– Published in The Burlington Weekly Hawk-Eye, Burlington, Iowa, Saturday, March 22, 1862, p. 4

Thursday, July 19, 2012

The Supreme Court


WASHINGTON, March 11. – The Supreme Court will not hear the argument of any case after Thursday the 20th inst., or any motion after Friday the 21st.  The Court intends to adjourn on the 25th of March.

– Published in The Burlington Weekly Hawk-Eye, Burlington, Iowa, Saturday, March 15, 1862, p. 4

Sunday, September 25, 2011

Local Matters

M. D’s. – The Physicians of our county and city will find an advertisement of interest to them in to-day’s paper.

SINGER’S SEWING MACHINGES, for family and manufacturing purposes, are offered at very low prices, at No. 36 West Second street, by the agent, R. Krause.

REMOVED. – Mr. J. F. Newbern has removed his jewelry store from his old stand to the next square above, occupying the same store with Mr. Howe, next to Mrs. Knotwell’s millinery.

RAILROAD SHIPMENTS. – The shipments by rail last week were 654 lbs. flour; 3600 bu. Barley; 1,200 do wheat; 434 sacks malt; 400 bu. Oats; 7,480 lbs lard; 3,050 lbs. hides; 520 lbs. butter.

AD. HINE. – This favorite boat is ready for business as soon as the river opens.  Capt. Galt has had the ice cut away from around her.  She is to take her old place on the river or the coming season – between davenport and Dubuque.

ACKNOWLEDGEMENT. – The ladies of the Benevolent Association thankfully acknowledge the receipt of $31.50 as a donation from the Young Men’s Christian Association.

MR. B. ANDREWS, Treasurer.

JUST RECEIVED AT FARLAND’S, all the latest Spring styles of hats and caps, consisting of the Burnside, Stanton, McClellan and Oxford hats.  All the latest styles of caps constantly on hand.  For bargains in the hat line call on Farland, corner of 2d and Main streets, Davenport, Iowa.

‘TEE VINEYARD.’ – This is the title of a neat quarterly paper recently established at Jersey City, New Jersey, by Wm. P. Peck and Wm. Rowe, and devoted to Grape Culture.  It is published on the first of each month at the low price of 25 cents per annum.  Those engaged in the business of raising grapes, we should think, would get from it many times the worth of that small amount in information during the year.

THE ICE piled up on the opposite shore yesterday, for some distance.  The deck of the wrecked Grey Eagle was carried down stream perhaps a hundred yards.  In the neighborhood of the bridge the ice was breaking up most of the afternoon.  About 8 o’clock last evening, the great mass gave way and piled up along the levee.  The river will probably be clear enough to-day to allow the ferryboats to cross.

THE HORSE SALE. – The Island was visited yesterday by several hundred people, who went to attend the sale of government horses there.  The whole number to be sold was about 150.  Of these, 45 were sold.  The prices ranged unexpectedly high, $38 being the lowest paid for any animal, while $100 was paid for one, and the figures ranged all the way along between these two extremes; the average being about $65.  The sale was adjourned till this morning at 11 o’clock. – Mr. Thomas Orr acts as auctioneer.

RIVER MOVEMENTS. – The Bill Henderson and Fred Lorenz having arrived at St. Louis from the Ohio river, with trips for the upper river, were expected to leave that city on Monday for this point.  Capt. Ward has arrived here, on his way to Le Claire, whence he intends to bring down the Sucker State, which is now about ready to go off the ways.  A boat was to leave Keokuk on Tuesday morning for the capital, to which place the Des Moines river is open.

APPEARANCE DOCKET. – Dropping in on the District Court Clerk the other day, we found him in a little more than usual good humor.  Looking around, we discovered the cause of his elation in the law just passed by the Legislature, requiring all county clerks to keep a book called the “Appearance Docket,” in which shall be recorded the names of the parties to each suit, with the cause of action; and every step in the progress of the case, till its final settlement is to be recorded in the book. This law adds largely to the clerk’s duty; while it gives no additional pay.  Hence its popularity with the county clerks.


THE CONCERT, given at Metropolitan Hall, on Tuesday evening, by Mr. Strasser, was second to none ever given in Davenport.  The selections were choice.  The opening piece, the Overture – ‘Iphigenie,’ by Gluck, deserves special notice, not only on account of its merits as a musical composition, but also for the taste and skill with which it was executed – this was decidedly the best piece given by the Orchestra.  But what most delighted us was the part performed by the juveniles.

Miss Alice Dutton, the youthful Pianist, astonished everybody –we doubt if any person can be found in the world of her age (10 years) who can excel her.  She has only had two years’ instruction and practice, and her playing is as faultless and her execution as rapid as that of a professor of the Instrument.

The Violin solo by Miss Alice Hirschl was a [gem].  Miss Hirschl has acquired wonderful skill as a player on that most perfect and at the same time most difficult of all musical instruments, for one so young.  Her playing is free from false notes and her execution in good taste and perfect in tune.

Miss Clara Kenkel, the charming little vocalist, sang ‘The Herdman’s Mountain Home’ in fine style.  Miss K. has a very sweet voice of great force and compass for a child, and cultivation will make her a very superior vocalist.

The Violin Solo by Mr. Strasser was given in his usual superior style.  Mr. Strasser is a master of the instrument; his superior can not be found in this section of the country, and his equal, when he was here, didn’t stay long.  All these performers, with the [Mannerchor?], were loudly applauded and encored.


A ROBBERY AND ARREST. – Some three month[s] ago, the safe of the County Treasury at Waverly, Bremer county, was robbed of $6,650.  As no clue to the robbery could be obtained, suspicion naturally rested on the Treasurer, and hints to that effect reaching his ears, he determined, if such a thing were possible, to ferret out the thief.  With that object he employed a well known detective, who immediately started upon the scent.  A stranger had recently purchased a fast horse in Dubuque for $1,300 and left; this aroused his suspicions and he started in pursuit.  He found that the same man had bought a farm at La Harpe, Hancock county, Ills., for which he had paid $2,000.  An examination of the money disclosed a five dollar bill, Bank of Commerce, which was recognized as a part of the contents of the Bremer county safe.  The man was then traced to this city, where he was yesterday arrested by the detective, who immediately started with him to Dubuque.  His name is Peter W. Nowels.  For the last six months he has been residing with his family, consisting of a wife, and two children and his mother, on the bluff back of East Davenport.  His house was searched by officer Brown yesterday, who found nothing that fastened guild upon him, though some well-worn slips of paper, covered with figures, had the appearance of being the keys to a secret vocabulary.

BEST A NO. 1 kerosene oil, 40 cents a gallon; rye for coffee, 5 cents a quart; fresh stock of garden and field seeds received yesterday; five bars soap for 25 cents; one lb mould candles for 10 cents; three boxes matches for 10 cents; twenty-five good cigars for 25 cents, or $1 for five boxes of twenty-five each; a fresh stock of candy, 20 cents a pound; best French mixed candy, 30 cents a pound; pure wines and liquors for medicinal purposes; 20 cents for best star candies, at the great cheap grocery, Hawkeye, corner Third and Brady, which is the cheapest store in Scott county.  Give them a call, and our word for it, you will be satisfied.

IMPROVEMENTS – Mr. R. B. Hill has inaugurated the work of improvement in our city for the current season.  He is adding another story to the double building adjoining Metropolitan Hall on the west, and both that building and the corner one are to have a pitch roof, presenting a uniform block from Brady street to the Hall.  An addition of forty feet is also being made to the rear of Mack & Co’s store, in Metropolitan Block.  Mr. Westfall is also fitting up the brick building on Brady street, near Fourth, formerly the First Baptist Church, for a floral hall.

THE BRIDGE CASE. – This suit has been so long asleep that our readers may have fancied that its somnolency partook of the nature of Rip Van Winkle, but such it seems is not the fact.  Last week it came up in the U. S. Supreme Court at Washington, and on motion the Court continued the case for one year.  The Board of Trade of St. Louis will have to bear the nuisance another year; in the meantime the assiduous Bissell can be reaping honors in the army.

ACCIDENT TO THE POMEROY. – The steamer Pomeroy, which ran in the Davenport and Keokuk trade last summer, started from the latter city last Saturday for Burlington, and had a hole knocked in her hull, when near Dallas.  She immediately began to sink, causing great consternation among her passengers.  The boat was eventually got ashore and temporarily repaired.

ADVERTISE. – The man who attempts to do business without advertising, in a town where a daily paper is published and his neighbors advertise, has to offer unusual inducements to obtain [customers], and his poorer neighbor, with one-half the stock judiciously selected, will do double the business.  This is an established fact.

SALE OF GOVERNMENT HORSES. – We are requested to state that the sale of Government horses will be resumed at 11 o’clock this forenoon, and continued over until the same hour on Saturday next.  The best of the horses yet remain and will be sold without reserve.

– Published in The Davenport Daily Gazette, Davenport, Iowa, Thursday Morning, March 27, 1862, p. 1

Tuesday, April 26, 2011

Gen. Buckner

The Mo. Democrat notices the expected arrival of the rebel General, Buckner, at that city.  The statement of the Louisville Journal, of last Wednesday, would have a tendency to render his arrival there rather improbably.  That paper says:

Judge Catron, of Tenn., of the United States Supreme Court, holding a session of the Circuit Court in that city, has issued a bench warrant for the arrest of Gen. Simon Bolivar Buckner, for treason, and that an officer left for Cairo Wednesday evening to obtain him at the hand of the military authorities there.  It was thought that at Louisville that no objection would be made by Gen. Grant to the proposition of Judge Catron to deal with the miscreant himself. – The venerable Judge is a fugitive from his home in Nashville, and will not be disposed to stand on nice points of law in sending Buckner at once to the gallows, where he may end his ignoble life.  Deputy United States Marshal Merriwether carried the process to Cairo.

– Published in The Davenport Daily Gazette, Davenport, Iowa, Thursday Morning, February 27, 1862, p. 2