Captain William Francis Bartlett to Harriett Plummer Bartlett, Sunday Evening, April 20, 1862

Sunday Eve.

Camp Before Yorktown, April 20, 1862.

Dear Mother: — It is just six months ago to-night since we crossed over to Harrison's Island and Ball's Bluff. We are having very hard duty just now, and shall have for some time. We are camped in the same swamp, within three quarters of a mile from the enemy's works. We have to go out every third day and picket the whole brigade, close to them. Day before yesterday we were out; we go again to-morrow. We were firing all day, whenever we saw anything to shoot at. We had one of our men badly wounded in the breast. Last night we were turned out twice by a brisk volley of musketry, which seemed just on the edge of the camp. Our pickets were driven in, and the firing lasted about fifteen minutes. Some of the bullets dropped into the camp. They were driven back without our going out. We were turned out again at two, and stood in the rain and mud. This morning we expected a quiet day, although the camp was all water and mud; raining hard. About ten, sharp firing commenced, and we had to fall in, and our two brigades were marched out to the front, where the other brigade was on picket. We expected that we were in for a fight, as Sunday is the favorite day. We lay out in the woods all day in the rain, and came in to-night without doing anything; they did not see fit to attack. We keep up a continual shelling of their works. To-morrow we take our turn again. I suppose we shall be turned out once or twice to-night; that's why I am in no hurry to go to bed, as I want to wait until after the first turn-out. I hope it won't rain to-morrow while we are out. I am fortunate in being so well, many of the officers being sick with diarrhoea.

We may have a week or more of this sort of duty before the grand attack. It is very unpleasant duty. No glory in being shot by a picket behind a tree. It is regular Indian fighting. I have not been exposed much. I got a letter from you day before yesterday. I expect to hear the rattle of musketry every minute, but I am going to try and get some sleep. This is the hard part of a soldier's life; the battle would be a holiday as a relief from this. It will be pleasant to look back on this, if I ever get back, and hear the rain beat on the cupola and think of the nights I have lain out in it in the woods, listening to the pickets firing and the shells bursting, wet and dirty. When it doesn't rain it is very hot. Night before last, I lay in the woods under the sky, without anything over me except my overcoat. The great trouble here is from wood-ticks; they get on to you and bury their head in you, and you can't pull them out without pulling their heads off, which makes a bad sore. The only way is to cut them out. I have only had one fasten on me yet, although I have stopped four or five before they got hold. These trouble us a great deal more than the rebel bullets. I must stop here, as it is getting late. It is a certain thing that we shall be turned out under arms about the time I get to sleep.

Good night. Love to all.

W.

SOURCE: Francis Winthrop Palfrey, Memoir of William Francis Bartlett, p. 39-40

Diary of Gideon Welles: Monday, September 8, 1862

Less sensation and fewer rumors than we have had for several days.

The President called on me to know what we had authentic of the destruction of the Rebel steamer in Savannah River. He expressed himself very decidedly concerning the management or mismanagement of the army. Said, “We had the enemy in the hollow of our hands on Friday, if our generals, who are vexed with Pope, had done their duty; all of our present difficulties and reverses have been brought upon us by these quarrels of the generals.” These were, I think, his very words. While we were conversing, Collector Barney of New York came in. The President said, perhaps before B. came, that Halleck had turned to McClellan and advised that he should command the troops against the Maryland invasion. “I could not have done it,” said he, “for I can never feel confident that he will do anything effectual.” He went on, freely commenting and repeating some things said before B. joined us. Of Pope he spoke in complimentary terms as brave, patriotic, and as having done his duty in every respect in Virginia, to the entire satisfaction of himself and Halleck, who both knew and watched, day and night, every movement. On only one point had Halleck doubted any order P. had given; that was in directing one division, I think Heintzelman's, to march for the Chain Bridge, by which the flanks of that division were exposed. When that order reached him by telegraph, Halleck was uneasy, for he could not countermand it in season, because the dispatch would have to go part of the way by courier. However, all went off without disaster; the division was not attacked. Pope, said the President, did well, but there was here an army prejudice against him, and it was necessary he should leave. He had gone off very angry, and not without cause, but circumstances controlled us.

Barney said he had mingled with all descriptions of persons, and particularly with men connected with the army, and perhaps could speak from actual knowledge of public sentiment better than either of us. He was positive that no one but McClellan could do anything just now with this army. He had managed to get its confidence, and he meant to keep it, and use it for his own purposes. Barney proceeded to disclose a conversation he had with Barlow some months since. Barlow, a prominent Democratic lawyer and politician of New York, had been to Washington to attend one of McClellan's grand reviews when he lay here inactive on the Potomac. McClellan had specially invited Barlow to be present, and during this visit opened his mind, said he did not wish the Presidency, would rather have his place at the head of the army, etc., etc., intimating he had no political views or aspirations. All with him was military, and he had no particular desire to close this war immediately, but would pursue a line of policy of his own, regardless of the Administration, its wishes and objects.

The combination against Pope was, Barney says, part of the plan carried out, and the worst feature to him was the great demoralization of his soldiers. They were becoming reckless and untamable. In these remarks the President concurred, and said he was shocked to find that of 140,000 whom we were paying for in Pope's army only 60,000 could be found. McClellan brought away 93,000 from the Peninsula, but could not to-day count on over 45,000. As regarded demoralization, the President said, there was no doubt that some of our men permitted themselves to be captured in order that they might leave on parole, get discharged, and go home. Where there is such rottenness, is there not reason to fear for the country?

Barney further remarked that some very reliable men were becoming discouraged, and instanced Cassius M. Clay, who was advocating an armistice and terms of separation or of compromise with the Rebels. The President doubted if Clay had been rightly understood, for he had had a full and free talk with him, when he said had we been successful we could have had it in our power to offer terms.

In a conversation this morning with Chase, he said it was a doubtful matter whether my declining to sign the paper against McClellan was productive of good or harm. If I had done it, he said, McClellan would have been disposed of and not now in command, but the condition of the army was such under his long manipulation that it might have been hazardous at this juncture to have dismissed him. I assured him I had seen no moment yet when I regretted my decision, and my opinion of McClellan had undergone no change. He has military acquirements and capacity, dash, but has not audacity, lacks decision, delays, hesitates, vacillates; will, I fear, persist in delays and inaction and do nothing affirmative. His conduct during late events aggravates his indecision and is wholly unjustifiable and inexcusable.

But I will not prophesy what he will do in his present command. He has a great opportunity, and I hope and pray he may improve it. The President says truly he has the “slows,” but he can gather the army together better than any other man. Let us give him credit when he deserves it.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 1: 1861 – March 30, 1864, p. 115-8

Diary of Salmon P. Chase: Friday, September 5, 1862

The President, at Cabinet meeting, read Pope's Report, which strongly inculpates McClellan, Porter, Franklin and Griffin; and asked opinion as to its publication. All against it on the score of policy under existing circumstances. President stated that Porter, Franklin and Griffin would be relieved from command and brought before a Court of Inquiry; and also, I think, that the Order had been made.

The President had previously, at the Department, told me that the clamor against McDowell was so great that he could not lead his troops unless something was done to restore confidence; and proposed to me to suggest to him the asking for a Court of Inquiry. I told him I had already done so, and would do so again. So, availing myself of a Messenger from Genl. Pope who came during the meeting, I sent a note to McDowell, asking him to come over. He accordingly came in the evening, and I suggested the matter to him. He thought it hard to make the demand when there were no charges. I told him I thought he could assume the charge made by the Michigan officer who, when dying, scrawled a letter saying he died a victim to Pope's imbecility and McDowell's treachery. He reflected, and then said he would make the demand. He staid again all night.

SOURCE: Annual Report of the American Historical Association for the Year 1902, Vol. 2, p. 66

Charles A. Dana to James S. Pike, March 3, 1860

New York, March 3.

My Dear Pike : I reckon that rumor lies this time too. I don't know, of course; but I should need to have strong evidence to make me believe those letters were puffs for lobby use. However, if there is any proof let us have it.

I wish you would come back and go to work here again. Horace rather sweats under the toil, and cries for help now and then. You might as well stay here till the first of June as not.

Yours faithfully,

C. A. Dana.

SOURCE: James Shepherd Pike, First Blows of the Civil War: The Ten Years of Preliminary Conflict in the United States from 1850 to 1860, p. 500

Major Robert Anderson to Robert N. Gourdin, December 27, 1860

fort Sumter, Charleston, S. C, December 27, 1860.

My dear Sir: I have only time to say that the movement of my command to this place was made on my own responsibility and not in obedience to orders from Washington. I did it because in my opinion it was the best way of preventing the shedding of blood. God grant that the existing condition of affairs may be adjusted without any resort to force.

Truly your friend,

Robert Anderson.

The Hon. Robert N. Gourdin.

SOURCE: Samuel Wylie Crawford, The Genesis of the Civil War: The Story of Sumter, 1860-1861, p. 128

Diary of William Howard Russell: April 6, 1861

To-day I paid a second visit to General Scott, who received me very kindly, and made many inquiries respecting the events in the Crimea and the Indian mutiny and rebellion. He professed to have no apprehension for the safety of the capital; but in reality there are only some 700 or 800 regulars to protect it and the Navy Yard, and two field-batteries, commanded by an officer of very doubtful attachment to the Union. The head of the Navy Yard is openly accused of treasonable sympathies.

Mr. Seward has definitively refused to hold any intercourse whatever with the Southern Commissioners, and they will retire almost immediately from the capital. As matters look very threatening, I must go South and see with my own eyes how affairs stand there, before the two sections come to open rupture. Mr. Seward, the other day, in talking of the South, described them as being in every respect behind the age, with fashions, habits, level of thought, and modes of life, belonging to the worst part of the last century. But still he never has been there himself! The Southern men come up to the Northern cities and springs, but the Northerner rarely travels southwards. Indeed, I am informed, that if he were a well-known Abolitionist, it would not be safe for him to appear in a Southern city. I quite agree with my thoughtful and earnest friend, Olmsted, that the United States can never be considered as a free country till a man can speak as freely in Charleston as he can in New York or Boston.

I dined with Mr. Riggss, the banker, who had an agreeable party to meet me. Mr. Corcoran, his former partner, who was present, erected at his own cost, and presented to the city, a fine building, to be used as an art-gallery and museum; but as yet the arts which are to be found in Washington are political and feminine only. Mr. Corcoran has a private gallery of pictures, and a collection, in which is the much-praised Greek Slave of Hiram Powers. The gentry of Columbia are thoroughly Virginian in sentiment, and look rather south than north of the Potomac for political results. The President, I hear this evening, is alarmed lest Virginia should become hostile, and his policy, if he has any, is temporizing and timid. It is perfectly wonderful to hear people using the word “Government” at all, as applied to the President and his cabinet — a body which has no power “according to the constitution” to save the country governed or itself from destruction. In fact, from the circumstances under which the constitution was framed, it was natural that the principal point kept in view should be the exhibition of a strong front to foreign powers, combined with the least possible amount of constriction on the internal relations of the different States.

In the hotel the roar of office-seekers is unabated. Train after train adds to their numbers. They cumber the passages. The hall is crowded to such a degree that suffocation might describe the degree to which the pressure reaches, were it not that tobacco-smoke invigorates and sustains the constitution. As to the condition of the floor it is beyond description.

SOURCE: William Howard Russell, My Diary North and South, p. 66-7

John Lothrop Motley to Anna Lothrop Motley, September 5, 1861

Wharfside, Yorkshire,

September 5, 1861.

My Dearest Mother: I have but time to write you a brief note. When I get to Vienna I mean to be a good correspondent. Until that time I shall be very much hurried. My voyage was a singularly pleasant one — no bad weather, smooth seas, and fair winds, the whole way. We reached Liverpool in exactly eleven days. I was obliged to stop all Sunday in that not very fascinating city. I parted from Mackintosh that evening, who went to Tenby in Pembrokeshire, and from Mr. Blake, who was to stop a few days in Liverpool. I found by telegram that Mary and Lily were staying with Mr. Monckton Millies in Yorkshire, so I went there, after passing one day in London. I afterward dined with the Adamses.

I do not think there is any present intention here of interfering with our blockade, or any wish, which is the same thing, of going to war in order to establish the Southern Confederacy and get their cotton crop. I think they will try to rub on through next year, unless the cotton famine should be very great, and the consequent disturbances very alarming.

I passed one day at Fryston Hall, Milnes's beautiful place in Yorkshire, where I had a delightful meeting with Mary and Lily. I have not yet seen dear little Susie, who is at Cromer with her governess, and you may be sure that I missed the dear face of my precious Mary. I hope she is enjoying herself, and that you will be as fond of her as you used to be. It was too bad that we should have missed each other by a single day.

We have been spending two or three days since leaving Fryston with Mr. Forster, M. P. for Bradford, a gentleman whom you have often heard me speak of as the warmest and most intelligent friend that America possesses in England. It is very agreeable for me to combine business with pleasure in my visit to him. He was to answer Gregory, the champion of the South, and will do so when the question of Southern recognition comes up, and my conversations with him have been very satisfactory. He disbelieves in any attempt to break the blockade, provided it is efficient.

We go to-morrow to our friends the De Greys for a week's visit. Lord de Grey is a warm friend of the North. During that week I expect to run up to Scotland for a day's visit to Lord John Russell. We shall then go to London.

I shall write another little note very soon. God bless you and preserve your health, my dearest mother. Give my love to my father and to my little Mary, and to all the family great and small.

Ever your affectionate son,

J. L. M.

SOURCE: George William Curtis, editor, The Correspondence of John Lothrop Motley in Two Volumes, Library Edition, Volume 2, p. 202-4

John M. Forbes to William Cullen Bryant, January 27, 1862

Boston, January 27,1862.

I have your note. I knew you always as the champion of sound finance. Your article sets forth the effect on the poor; others have been solely looking to its injury to the rich.  . . . In great haste, yours truly.

SOURCE: Sarah Forbes Hughes, Letters and Recollections of John Murray Forbes, Volume 1, p. 281-2

Charles Eliot Norton to George William Curtis, September 3, 1863

Shady Hill, 3 September, 1863.

It is pleasant to think of you as so near us. It would be much pleasanter to have you with us, — especially this morning, that we might congratulate each other on the extraordinary excellence of the President's letter.¹ He rises with each new effort, and his letters are successive victories. Indeed the series of his letters since and including the one to the Albany Committee are, as he says to General Grant of Vicksburg, “of almost inestimable value to the country,” — for they are of the rarest class of political documents, arguments seriously addressed by one in power to the conscience and reason of the citizens of the commonwealth. They are of the more value to us as permanent precedents — examples of the possibility of the coexistence of a strong government with entire and immediate dependence upon and direct appeal to the people. There is in them the clearest tone of uprightness of character, purity of intention, and goodness of heart. . . .

_______________

¹ Presumably Lincoln's letter of August 26, 1863, to J. C. Conkling, in answer to an invitation to attend a mass-meeting of unconditional Union men at Springfield, Illinois, on September 3.

SOURCE: Sara Norton and  M. A. DeWolfe Howe, Letters of Charles Eliot Norton, Volume 1, p. 263

1st Lieutenant Charles Fessenden Morse, December 8, 1861

Camp Hicks, Near Frederick, Md.,

December 8, 1861.

I take the opportunity of Captain Williams' going home to send a letter direct. Last Tuesday morning, about half-past twelve o'clock, I was fast asleep as usual, but was awakened by some one saying, “Mr. Morse.” I answered, “What?” and got the following order: “Send a circular around to the commanders of companies, saying that reveille will be beaten at half-past five, the men to be ready to march as soon afterward as possible, with three days' rations.” I asked if that came from the Colonel; the answer was, “I'm the Colonel.” I begged his pardon and got up, lighted a fire and wrote the circular and sent my orderly round to the captains. Everything was executed as per order, the usual lively scene of striking tents and packing wagons, and by half-past seven, we were ready to start.

It was a very cold, clear day; so cold that, though I had a horse, in my capacity as adjutant, I hardly mounted him all day; we all had to wear overcoats. We marched between seventeen and eighteen miles to the village of Barnsville, arriving there near four o'clock. We pitched tents in a thick wood, and the men were immediately employed getting their dinners and making arrangements for a comfortable night. I got a very nice dinner at General Abercrombie's headquarters, a house in the town. It was an awfully cold night; water froze nearly an inch thick.

Reveille was beaten Wednesday morning at half-past four, and we left our camping ground as soon as there was light enough to see our way through the woods, about half-past six. The weather was so cold that we marched ten miles without a halt, through a very rough, mountainous country. After a short rest, we went on five miles farther through a splendid farming country, a pleasant thing for us to see after the desolate region we had been living in. We camped a short distance from Frederick. The next morning, after a very nice breakfast at a miller's, the regiment marched to its present camp, situated in a wood about three miles from the city. It is a very pleasant place, with a warm southern slope, and is a neat looking camp. We are near enough to the city to get anything we want from it, which is very convenient. I haven't been in yet; several of the officers have, and find it a very pleasant and civilized city.

SOURCE: Charles Fessenden Morse, Letters Written During the Civil War, 1861-1865, p. 32-3

Major Wilder Dwight: Wednesday Evening, August 21, 1861

Wednesday Evening.

Yesterday was made famous and busy by the arrival of the paymaster, laden with gold. I was active all the afternoon, getting the men to the pay-table with order and system. Harper's Ferry was quiet, showing no sign. Orders came to go over there with a small force and destroy the mill and remaining wheat of Mr. Herr. Colonel Andrews was despatched with two companies. Delays in crossing brought their work into the night. The artillery was no longer a protection. Colonel Gordon determined to recall the party. I went to do it. The Doctor and I crossed at about eight o'clock. Found the town deserted. The panic-stricken had left. Blinds were closed. Deadness everywhere. Went up to the mill, ordered in the companies. At half past nine o'clock we were returning, in the moonlight, over the river, — companies in flat-boats, — a magnificent night. But the uncertainty of moonlight did not favor the nature of our enterprise, and would aid them. There is no appearance of any force near Harper's Ferry. I do not believe the enemy are in any strength near us. Their cavalry comes in cautiously every day, and presses teams, &c. The town has run away from itself, and it is sad to see the change since our entry. Sad to hear the accounts of oppression and ruin which come to us from the Union people who are running from the sinking ship.

This morning, Colonel Andrews has just gone off with a company to complete the destruction of the mill. We have orders to leave Harper's Ferry, and go to Buckeyestown, or some such euphonious place. I suppose that before night we shall have our tents struck, and be on the march again.

SOURCE: Elizabeth Amelia Dwight, Editor, Life and Letters of Wilder Dwight: Lieut.-Col. Second Mass. Inf. Vols., p. 74-5

Massachusetts Kansas Committee to Governor James W. Grimes, December 20, 1856

State Kansas Aid Committee Rooms,

Boston, Dec. 20, 1856.

Dear Sir, — Your letter of the 16th has been received, and we are glad to find that the importance of State action in regard to Kansas is appreciated in Iowa as well as here. The first question seems to be, Is such action really needed? And I will state what I believe to be substantially the views of this committee, who are now laboring to obtain an appropriation from our legislature.

There can be no doubt that the measures of which you speak (the purchase of land, erection of mills, etc.) could not well be engaged in by a State; and certainly no grant for that purpose could be obtained here. But although present destitution may be relieved in Kansas, it is by no means certain that there will not be great suffering there in the spring, before any crops can be raised, — especially if for any cause business should not be active. Then who can be sure that the scenes of last summer will not be acted again? True, things look better; but the experience of the past ought to teach us to prepare for the future. But even if things go on prosperously there, money may still be needed. Men have been subjected to unjust punishments, or at least threatened with them, under the unconstitutional laws of the Territory. It is desirable that these cases should be brought before a higher tribunal; while the accused person may be a poor man unable to bear the expense of such a suit. The State appropriations could then be drawn upon for this purpose, and used to retain counsel, furnish evidence, and in other ways to forward the suit of the injured man.

Would it not therefore be well for each State to make an appropriation, which should remain in the hands of the Governor, as in Vermont, or of a committee, until it should be needed in Kansas? It would thus be a contingent fund, to be drawn on only in cases of necessity, and it would be ready against any emergency. It might never be called for, or only a portion of it might be used; but should occasion arise, it would save our citizens in Kansas from many of the horrors which have afflicted them the past year. A bill embodying these ideas will be introduced into our legislature; and from the tone of our people we have good hope that it will pass. If a similar bill could pass your legislature I have no doubt the example would be followed by New York, Maine, Michigan, Connecticut, and perhaps by Ohio, New Hampshire, and Rhode Island. A general movement of this kind would give us all we want; and we might make Kansas free, I think, without expending a dollar of the money voted. The moral effect of such action on emigration from the North, and on the employment of capital, would be very important. Security would be given that the rights of emigrants would be supported; and the first result would be the emigration of thousands as soon as spring opens; so that by July we should have a force of Northern settlers there, enough to sustain any form of law which might be set up. Without this, 1 fear that next year, in spite of the flattering promises of the present, will only see the last year's history repeated. There will be no confidence in the tranquillity of the Territory; capital will shun it; emigration be almost stopped; and a year hence we may be no better off than now, — and perhaps worse. With these opinions, we look on State appropriations as the salvation of Kansas, and hope that the whole North may be led to the same view.

With much respect,

F. B. Sanborn,

Corresponding Secretary of State Committee.

SOURCE: Franklin B. Sanborn, The Life and Letters of John Brown, p. 355-6

Diary of Corporal Alexander G. Downing: Sunday, July 3, 1864

All is quiet. Our men are still marching around to the right. The Seventeenth Corps drove the rebels back about two miles, taking one line of their works. Wagon trains are going by the hospital day and night, and the roads are getting very dusty.

Source: Alexander G. Downing, Edited by Olynthus B., Clark, Downing’s Civil War Diary, p. 203

Pacific Railroad Act of 1862: July 1, 1862

An Act to aid in the Construction of a Railroad and Telegraph Line from the Missouri River to the Pacific Ocean, and to secure to the Government the Use of the same for Postal, Military, and Other Purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Walter S. Burgess, William P. Blodgett, Benjamin H. Cheever, Charles Fosdick Fletcher, of Rhode Island; Augustus Brewster, Henry P. Haven, Cornelius S. Bushnell, Henry Hammond, of Connecticut; Isaac Sherman, Dean Richmond, Royal Phelps, William H. Ferry, Henry A. Paddock, Lewis J. Stancliff, Charles A. Secor, Samuel R. Campbell, Alfred E. Tilton, John Anderson, Azariah Boody, John S. Kennedy, H. Carver, Joseph Field, Benjamin F. Camp, Orville W. Childs, Alexander J. Bergen, Ben. Holliday, D. N. Barney, S. De Witt Bloodgood, William H. Grant, Thomas W. Olcott, Samuel B. Ruggles, James B. Wilson, of New York; Ephraim Marsh, Charles M. Harker, of New Jersey; John Edgar Thompson, Benjamin Haywood, Joseph H. Scranton, Joseph Harrison, George W. Cass, John H. Bryant, Daniel J. Morell, Thomas M. Howe, William F. Johnson, Robert Finney, John A. Green, E. R. Myre, Charles F. Wells, Jr., of Pennsylvania; Noah L. Wilson, Amasa Stone, William H. Clement, S. S. L’Hommedieu, John Brough, William Dennison, Jacob Blickinsderfer, of Ohio; William M. McPherson, R. W. Wells, Willard P. Hall, .Armstrong Beatty, John Corby, of Missouri ; S. J. Hensley, Peter Donahue, C. P. Huntington, T. D. Judah, James Bailey, James T. Ryan, Charles Hosmer, Charles Marsh, D. O. Mills, Samuel Bell, Louis McLane, George W. Mowe, Charles McLaughlin, Timothy Dame, John R. Robinson, of California; John Atchison and John D. Winters, of the Territory of Nevada; John D. Campbell, R. N. Rice, Charles A. Trowbridge, and Ransom Gardner, Charles W. Penny, Charles T. Gorham, William McConnell, of Michigan; William F Coolbaugh, Lucius H. Langworthy, Hugh T. Reid, Hoyt Sherman, Lyman Cook, Samuel R. Curtis, Lewis .A. Thomas, Platt Smith, of Iowa; William B. Ogden, Charles G. Hammond, Henry Farnum, Amos C. Babcock, W. Seldon Gale, Nehemiah Bushnell and Lorenzo Bull, of Illinois; William H. Swift, Samuel T. Dana, John Bertram, Franklin S. Stevens, Edward R. Tinker, of Massachusetts; Franklin Gorin, Laban J. Bradford, and John T. Levis, of Kentucky; James Dunning, John M. Wood, Edwin Noyes, Joseph Eaton, of Maine; Henry H. Baxter, George W. Collamer, Henry Keyes, Thomas H. Canfield, of Vermont; William S. Ladd, .A. M. Berry, Benjamin F. Harding, of Oregon; William Bunn, Jr., John Catlin, Levi Sterling, John Thompson, Elihu L. Phillips, Walter D. McIndoe T. B. Stoddard, E.H. Brodhead, A. H. Virgin, of Wisconsin; Charles Paine, Thomas A. Morris, David C. Branham, Samuel Hanna, Jonas Votaw, Jesse L. Williams, Isaac C. Elston, of Indiana; Thomas Swan, Chauncey Brooks, Edward Wilkins, of Maryland; Francis R. E. Cornell, David Blakely, A. D. Seward, Henry A. Swift, Dwight Woodbury, John McKusick, John R. Jones, of Minnesota ; Joseph A. Gilmore, Charles W. Woodman, of New Hampshire; W. H. Grimes, J. C. Stone, Chester Thomas, John Kerr, Werter R. Davis, Luther C. Challiss, Josiah Miller, of Kansas; Gilbert C. Monell and Augustus Kountz, T. M. Marquette, William H. Taylor, Alvin Saunders, of Nebraska; John Evans, of Colorado; together with commissioners to be appointed by the Secretary of the Interior, and all persons who shall or may be associated with them, and their successors, are hereby created and erected into a body corporate and politic in deed and in law, by the name, style, and title of “The Union Pacific Railroad Company;” and by that name shall have perpetual succession, and shall be able to sue and to be sued, plead and be impleaded, defend and be defended, in all courts of law and equity within the United States, and may make and have a common seal; and the said corporation is hereby authorized and empowered to layout, locate, construct, furnish, maintain, and enjoy a continuous railroad and telegraph, with the appurtenances, from a point on the one hundredth meridian of longitude west from Greenwich, between the south margin of the valley of the Republican River and the north margin of the valley of the Platte River, in the Territory of Nebraska, to the western boundary of Nevada Territory, upon the route and terms hereinafter provided, and is hereby vested with all the powers, privileges, and immunities necessary to carry into effect the purposes of this act as herein set forth. The capital stock of said company shall consist of one hundred thousand shares of one thousand dollars each, which shall be subscribed for and held in not more than two hundred shares by anyone person, and shall be transferable in such manner as the by-laws of said corporation shall provide. The persons hereinbefore named, together with those to be appointed by the Secretary of the Interior, are hereby constituted and appointed commissioners, and such body shall be called the Board of Commissioners of the Union Pacific Railroad and Telegraph Company, and twenty-five shall constitute a quorum for the transaction of business. The first meeting of said board shall be held at Chicago at such time as the commissioners from Illinois herein named shall appoint, not more than three nor less than one month after the passage of this act, notice of which shall be given by them to the other commissioners by depositing a call thereof in the post office at Chicago, post paid, to their address at least forty days before said meeting, and also by publishing said notice in one daily newspaper in each of the cities of Chicago and Saint Louis. Said board shall organize by the choice from its number of a president, secretary, and treasurer, and they shall require from said treasurer such bonds as may be deemed proper, and may from time to time increase the amount thereof as they may deem proper. It shall be the duty of said board of commissioners to open books, or cause books to be opened, at such times and in such principal cities in the United States as they or a quorum of them shall deter- mine, to receive subscriptions to the capital stock of said corporation, and a cash payment of ten per centum on all subscriptions, and to receipt therefor. So soon as two thousand shares shall be in good faith subscribed for, and ten dollars per share actually paid into the treasury of the company, the said president and secretary of said board of commissioners shall appoint a time and place for the first meeting of the subscribers to the stock of said company, and shall give notice thereof in at least one newspaper in each State in which subscription books have been opened at least thirty days previous to the day of meeting, and such subscribers as shall attend the meeting so called, either in person or by proxy, shall then and there elect by ballot not less than thirteen directors for said corporation; and in such election each share of said capital shall entitle the owner thereof to one vote. The president and secretary of the board of commissioners shall act as inspectors of said election, and shall certify under their hands the names of the directors elected at said meeting; and the said commissioners, treasurer, and secretary shall then deliver over to said directors all the properties, subscription books and other books in their possession, and thereupon the duties of said commissioners, and the officers previously appointed by them shall cease and determine forever, and thereafter the stockholders shall constitute said body politic and corporate. At the time of the first and each triennial election of directors by the stockholders two additional directors shall be appointed by the President of the United States, who shall act with the body of directors, and to be denominated directors on the part of the government; any vacancy happening in the government directors at any time may be filled by the President of the United States. The directors to be appointed by the President shall not be stockholders in the Union Pacific Railroad Company. The directors so chosen shall, as soon as may be after their election, elect from their own number a president and vice-president, and shall also elect a treasurer and secretary. No person shall be a director in said company unless he shall be a bona fide owner of at least five shares of stock in the said company, except the two directors to be appointed by the President as aforesaid. Said company, at any regular meeting of the stockholders called for that purpose, shall have power to make by-laws, rules, and regulations as they shall deem needful and proper, touching the disposition of the stock, property, estate, and effects of the company, not inconsistent herewith, the transfer of shares, the term of office, duties, and conduct of their officers and servants, and all matters whatsoever which may appertain to the concerns of said company; and the said board of directors shall have power to appoint such engineers, agents, and subordinates as may from time to time be necessary to carry into effect the object of this act, and to do all acts and things touching the location and construction of said road and telegraph. Said directors may require payment of subscriptions to the capital stock, after due notice, at such times and in such proportions as they shall deem necessary to complete the railroad and telegraph within the time in this act prescribed. Said president, vice-president, and directors shall hold their office for three years, and until their successors are duly elected and qualified, or for such less time as the by-laws of the corporation may prescribe; and a majority of said directors shall constitute a quorum for the transaction of business. The secretary and treasurer shall give such bonds, with such security, as the said board shall from time to time require, and shall hold their offices at the will and pleasure of the directors. Annual meetings of the stockholders of the said corporation, for the choice of officers (when they are to be chosen) and for the transaction of annual business, shall be holden at such time and place and upon such notice as may be prescribed in the by-laws.

SEC. 2. And he it further enacted, That the right of way through the public lands be, and the same is hereby, granted to said company for the construction of said railroad and telegraph line; and the right, power, and authority is hereby given to said company to take from the public lands adjacent to the line of said road, earth, stone, timber, and other materials for the construction thereof; said right of way is granted to said railroad to the extent of two hundred feet in width on each side of said railroad where it may pass over the public lands, including all necessary grounds for stations, buildings, workshops, and depots, machine shops, switches, side tracks, turntables, and, water stations. The United States shall extinguish as rapidly as may be the Indian titles to all lands falling under the operation of this act and required for the said right of way and; grants hereinafter made.

SEC 3. And be it further enacted, That there be, and is hereby , granted to the said company, for the purpose of aiding in the construction , of said railroad and telegraph line, and to secure the safe and speedy transportation of the mails, troops, munitions of war, and public stores thereon, every alternate section of public land, designated by odd numbers, to the amount of five alternate sections per mile on each side of said railroad, on the line thereof, and within the limits often miles on each side of said ro1ld, not sold, reserved, or otherwise disposed of by the United States, and to which a preemption or homestead claim may not have attached, at the time the line of said road is definitely fixed : Provided, That all mineral lands shall be excepted from the operation of this act; but where the same shall contain timber, the timber thereon is hereby granted to said company. And all such lands, so granted by this section, which shall not be sold or disposed of by said company within three years after the entire road shall have been completed, shall be subject to settlement and preemption, like other lands, at a price not exceeding one dollar and twenty-five cents per acre, to be paid to said company.

SEC. 4. And be it further enacted, That whenever said company shall have completed forty consecutive miles of any portion of said railroad and telegraph line, ready for the service contemplated by this act, and supplied with all necessary drains, culverts, viaducts, crossings, sidings, bridges, turnouts, watering places, depots, equipments, furniture, and all other appurtenances of a first class railroad, the rails and all the other iron used in the construction and equipment of said road to be American manufacture of the best quality, the President of the United States shall appoint three commissioners to examine the same and report to him in relation thereto; and if it shall appear to him that forty consecutive miles of said railroad and telegraph line have been completed and equipped in all respects as required by this act, then, upon certificate of said commissioners to that effect, patents shall issue conveying the right and title to said lands to said company, on each side of the road as far as the same is completed, to the amount aforesaid; and patents shall in like manner issue as each forty miles of said railroad and telegraph line are completed, upon certificate of said commissioners. Any vacancies occurring in said board of commissioners by death, resignation, or otherwise, shall be filled by the President of the United States: Provided, however, That no such commissioners shall be appointed by the President of the United States unless there shall be presented to him a statement, verified on oath by the president of said company, that such forty miles have been completed, in the manner required by this act, and setting forth with certainty the points where such forty miles begin and where the same end; which oath shall be taken before a judge of a court of record.

SEC. 5. And be it further enacted, That for the purposes herein mentioned the Secretary of the Treasury shall, upon the certificate in writing of said commissioners of the completion and equipment of forty consecutive miles of said railroad and telegraph, in accordance with the provisions of this act, issue to said company bonds of the United States of one thousand dollars each, payable in thirty years after date, bearing six per centum per annum interest (said interest payable semi-annually,) which interest may be paid in United States treasury notes or any other money or currency which the United States have or shall declare lawful money and a legal tender, to the amount of sixteen of said bonds per mile for such section of forty miles; and to secure the repayment to the United States, as hereinafter provided, of the amount of said bonds so issued and delivered to said company, together with all interest thereon which shall have been paid by the United States, the issue of said bonds and delivery to the company shall ipso facto constitute a first mortgage on the whole line of the railroad and telegraph, together with the rolling stock, fixtures and property of every kind and description, and in consideration of which said bonds may be issued; and on the refusal or failure of said company to redeem said bonds, or any part of them, when required so to do by the Secretary of the Treasury, in accordance with the provisions of this act the said road, with all the rights, functions, immunities, and appurtences thereunto belonging, and also all lands granted to the said company by the United States, which, at the time of said default, shall remain in the ownership of the said company, may be taken possession of by the Secretary of the Treasury, for the use and benefit of the United States: Provided, this section shall not apply to that part of any road now constructed.

SEC. 6. And be it further enacted, That the grants aforesaid are made upon condition that said company shall pay said bonds at maturity, and shall keep said railroad and telegraph line in repair and use, and shall at all times transmit despatches over said telegraph line, and transport mails, troops, and munitions of war, supplies, and public storage upon said railroad for the government, whenever required to do so by any department , thereof, and that the government shall at all times have the preference in the use of the same for all the purposes aforesaid, (at fair and reasonable rates of compensation, not to exceed the amounts paid by private parties for the same kind of service;) and all compensation for services rendered for the government shall be applied to the payment of said bonds and interest until the whole amount is fully paid. Said company may also pay the United States, wholly or in part, in the same or other bonds, treasury notes, or other evidences of debt against the United States, to be allowed at par; and after said road is completed, until said bonds and interest are paid, at least five per centum of the net earnings of said road shall also be annually applied to the payment thereof.

SEC. 7. And be it further enacted, That said company shall file their assent to this act, under the seal of said company, in the Department of the Interior, within one year after the passage of this act, and shall complete said railroad and telegraph from the point of beginning as herein provided, to the western boundary of Nevada Territory before the first day of July, one thousand eight hundred and seventy-four: Provided, That within two years after the passage of this act said company shall designate the general route of said road, as near as may be, and shall file a map of the same in the Department of the Interior, whereupon the Secretary of the Interior shall cause the lands within fifteen miles of said designated route or routes to be withdrawn from preemption, private entry, and sale; and when any portion of said route shall be finally located, the Secretary of the Interior shall cause the said lands hereinbefore granted to be surveyed and set off as fast as may be necessary for the purposes herein named: Provided, That in fixing the point of connection of the main trunk with the eastern connections, it shall be fixed at the most practicable point for the construction of the Iowa and Missouri branches, as hereinafter provided.

SEC. 8. And be it further enacted, That the line of said railroad and telegraph shall commence at a point on the one hundredth meridian of a longitude west from Greenwich, between the south margin of the valley of the Republican River and the north margin of the valley of the Platte River, in the Territory of Nebraska, at a point to be fixed by the President of the United States, after actual surveys; thence running westerly upon the most direct, central, and practicable route, through the territories of the United States, the western boundary of the Territory of Nevada, there to meet and connect with the line of the Central Pacific Railroad Company of California.

SEC. 9. And be it further enacted, That the Leavenworth, Pawnee, and Western Railroad Company of Kansas are hereby authorized to construct a railroad and telegraph line, from the Missouri River, at the mouth of the Kansas River, on the south side thereof, so as to connect with the Pacific railroad of Missouri, to the aforesaid point, on the one hundredth meridian of longitude west from Greenwich, as herein provided, upon the same terms and conditions in all respects as are provided in this act for the construction of the railroad and telegraph line first mentioned, and to meet and connect with the same at the meridian of longitude aforesaid ; and in case the general route or line of road from the Missouri River to the Rocky Mountains should be so located as to require a departure northwardly from the proposed line of said Kansas railroad before it reaches the meridian of longitude aforesaid, the location of said Kansas road shall be made so as to conform thereto; and said railroad through Kansas shall be so located between the mouth of the Kansas River, as aforesaid, and the aforesaid point, on the one hundredth meridian of longitude, that the several railroads from Missouri and Iowa, herein authorized to connect with the same, can make connection within the limits prescribed in this act, provided the same can be done without deviating from the general direction of the whole line to the Pacific coast. The route in Kansas, west of the meridian of Fort Riley, to the aforesaid point, on the one hundredth meridian of longitude, to be subject to the approval of the President of the United States, and to be determined by him on actual survey. And said Kansas company may proceed to build said railroad to the aforesaid point, on the one hundredth meridian of longitude west from Greenwich, in the territory of Nebraska. The Central Pacific Railroad Company of California, a corporation existing under the laws of the State of California, are hereby authorized to construct a railroad and telegraph line from the Pacific coast, at or near San Francisco, or the navigable waters of the Sacramento River, to the eastern boundary of California, upon the same terms and conditions, in all respects, as are contained in this act for the construction of said railroad and telegraph line first mentioned, and to meet and connect with the first mentioned railroad and telegraph line on the eastern boundary of California. Each of said companies shall file their acceptance of the conditions of this act in the Department of the Interior within six months after the passage of this act.

SEC. 10. And be it further enacted, That the said company chartered, by the State of Kansas shall complete one hundred miles of their said road, commencing at the mouth of the Kansas River as aforesaid, within two years after filing their assent to the conditions of this act, as herein provided, and one hundred miles per year thereafter until the whole is completed; and the said Central Pacific Railroad Company of California shall complete fifty miles of their said road within two years after filing their assent to the provisions of this act, as herein provided, and fifty miles per year thereafter until the whole is completed; and after completing their roads, respectively, said companies, or either of them, may unite upon equal terms with the first-named company in constructing so much of said railroad and telegraph line and branch railroads and telegraph lines in this act hereinafter mentioned, through the Territories from the State of California to the Missouri River, as shall then remain to be constructed, on the same terms and conditions as provided in this act in relation to the said Union Pacific Railroad Company. And the Hannibal and St. Joseph Railroad, the Pacific Railroad Company of Missouri, and the first-named company, or either of them, on filing their assent to this act, as aforesaid, may unite upon equal terms, under this act, with the said Kansas company, in constructing said railroad and telegraph, to said meridian of longitude, with the consent of the said State of Kansas; and in case said first-named company shall complete their line to the eastern boundary of California before it is completed across said State by the Central Pacific Railroad Company of California, said first-named company is hereby authorized to continue in constructing the same through California, with the consent of said State, upon the terms mentioned in this act, until said roads shall meet and connect, and the whole line of said railroad and telegraph is completed; and the Central Pacific Railroad Company of California, after completing its road across said State, is authorized to continue the construction of said railroad and telegraph through the Territories of the United States to the Missouri River, including the branch roads specified in this act, upon the routes hereinbefore and hereinafter indicated, on the terms and conditions provided in this act in relation to the said Union Pacific Railroad Company, until said roads shall meet and connect, and the whole line of said railroad and branches and telegraph is completed.

SEC. 11. And be it further enacted, That for three hundred miles of said road most mountainous and difficult of construction, to wit: one hundred and fifty miles westwardly from the eastern base of the Rocky Mountains, and one hundred and fifty miles eastwardly from the western , base of the Sierra Nevada mountains, said points to be fixed by the President of the United States, the bonds to be issued to aid in the construction thereof shall be treble the number per mile hereinbefore provided, and the same shall be issued, and the lands herein granted be set apart, upon the construction of every twenty miles thereof, upon the certificate of the commissioners as aforesaid that twenty consecutive miles of the same are completed. and between the sections last named of one hundred and fifty miles each, the bonds to be issued to aid in the construction thereof shall be double the number per mile first mentioned, and the same shall be issued, and the lands herein granted be set apart, upon the construction of every twenty miles thereof, upon the certificate of the commissioners as aforesaid that twenty consecutive miles of the same are completed: Provided, That no more than fifty thousand of said bonds shall be issued under this act to aid in constructing the main line of said railroad and telegraph.

SEC. 12. And be it further enacted, That whenever the route of said railroad shall cross the boundary of any State or Territory, or said meridian of longitude, the two companies meeting or uniting there shall agree upon its location at that point, with reference to the most direct and practicable through route, and in case of difference between them as to said location the President of the United States shall determine the said location; the companies named in each State and Territory to locate the road across the same between the points so agreed upon, except as herein provided. The track upon the entire line of railroad and branches shall be of uniform width, to be determined by the President of the United States, so that, when completed, cars can be run from the Missouri River to the Pacific coast; the grades and curves shall not exceed the maximum grades and curves of the Baltimore and Ohio railroad; the whole line of said railroad and branches and telegraph shall be operated and used for all purposes of communication, travel, and transportation, so far as the public and government are concerned, as one connected, continuous line; and the companies herein named in Missouri, Kansas, and California, filing their assent to the provisions of this act, shall receive and transport all iron rails, chairs, spikes, ties, timber, and all materials required for constructing and furnishing said first-mentioned line between the aforesaid point, on the one hundredth meridian of longitude and western boundary of Nevada Territory, whenever the same is required by said first-named company, at cost, over that portion of the roads of said companies constructed under the provisions of this act.

SEC. 13. And be it further enacted, That the Hannibal and Saint Joseph Railroad Company of Missouri may extend its roads from Saint Joseph, via Atchison, to connect and unite with the road through Kansas, upon filing its assent to the provisions of this act, upon the same terms and conditions, in all respects for one hundred miles in length next to the Missouri River, as are provided in this act for the construction of the railroad and telegraph line first mentioned, and may for this purpose use any railroad charter which has been or may be granted by the legislature of Kansas; Provided, That if actual survey shall render it desirable, the said company may construct their road, with the consent of the Kansas legislature, on the most direct and practicable route west from St. Joseph, Missouri, so as to connect and unite with the road leading from the western boundary of Iowa at any point east of the one hundredth meridian of west longitude, or with the main trunk road at said point; but in no event shall lands or bonds be given to said company, as herein directed, to aid in the construction of their said road for a greater distance than one hundred miles. And the Leavenworth, Pawnee, and Western Railroad Company of Kansas may construct their road from Leavenworth to unite with the road through Kansas.

SEC. 14. And be it further enacted, That the said Union Pacific Railroad Company is hereby authorized and required to construct a single line of railroad and telegraph from a point on the western boundary of the State of Iowa, to be fixed by the President of the United States, upon the most direct and practicable route, to be subject to his approval, so as to form a connection with the lines of said company at some point on the one hundredth meridian of longitude aforesaid, from the point of commencement on the western boundary of the State of Iowa, upon the same terms and conditions, in all respects, as are contained in this act for the construction of the said railroad and telegraph first mentioned; and the said Union Pacific Railroad Company shall complete one hundred miles of the road and telegraph in this section provided for, in two years after filing their assent to the conditions of this act, as by the terms of this act required, and at the rate of one hundred miles per year thereafter, until the whole is completed: Provided, That a failure upon the part of said company to make said connection in the time aforesaid, and to perform the obligations imposed on said company by this section and to operate said road in the same manner as the main line shall be operated, shall forfeit to the government of the United States all the rights, privileges, and franchises granted to and conferred upon said company by this act. And whenever there shall be a line of railroad completed through Minnesota or Iowa to Sioux City, then the said Pacific Railroad Company is hereby authorized and required to construct a railroad and telegraph from Said Sioux City upon the most direct and practicable route to a point on, and so as to connect with, the branch railroad and telegraph in this section hereinbefore mentioned, or with the said Union Pacific Railroad, said point of junction to be fixed by the President of the United States, not further west than the one hundredth meridian of longitude aforesaid, and on the same terms and conditions as provided in this act for the construction of the Union Pacific Railroad as aforesaid, and to complete the same at the rate of one hundred miles per year; and should said company fail to comply with the requirements of this act in relation to the said Sioux City railroad and telegraph, the said company shall suffer the same forfeitures prescribed in relation to the Iowa branch railroad and telegraph hereinbefore mentioned.

SEC. 15. And be it further enacted, That any other railroad company now incorporated, or hereafter to be incorporated, shall have the right to connect their road with the road and branches provided for by this act, at such places and upon such just and equitable terms as the President of the United States may prescribe. Wherever the word company is used in this act it shall be construed to embrace the words their associates, successors, and assigns, the same as if the words had been properly added thereto.

SEC. 16. And be it further enacted, That at any time after the passage of this act all of the railroad companies named herein, and assenting hereto, or any two or more of them, are authorized to form themselves into one consolidated company; notice of such consolidation, in writing, shall be filed in the Department of the Interior, and such consolidated company shall thereafter proceed to construct said railroad and branches and telegraph line upon the terms and conditions provided in this act.

SEC. 17. And be it further enacted, That in case said company or companies shall fail to comply with the terms and conditions of this act, by not completing said road and telegraph and branches within a reasonable time, or by not keeping the same in repair and use, but shall permit the same, for an unreasonable time, to remain unfinished, or out of repair, and unfit for use, Congress may pass any act to insure the speedy completion of said road and branches, or put the same in repair and use, and may direct the income of said railroad and telegraph line to be thereafter devoted to the use of the United States, to repay all such expenditures caused by the default and neglect of such company or companies: Provided, That if said roads are not completed, so as to form a continuous line of railroad, ready for use, from the Missouri River to the navigable waters of the Sacramento River, in California, by the first day of July, eighteen hundred and seventy-six, the whole of all of said railroads before mentioned and to be constructed under the provisions of this act, together with all their furniture, fixtures, rolling stock, machine shops, lands, tenements, and hereditaments, and property of every kind and character, shall be forfeited to and be taken possession of by the United States: Provided, That of the bonds of the United States in this act provided to be delivered for any and all parts of the roads to be constructed east of the one hundredth meridian of west longitude from , Greenwich, and for any part of the road west of the west foot of the Sierra Nevada mountain, there shall be reserved of each part and installment twenty-five per centum, to be and remain in the United States treasury, undelivered, until said road and all parts thereof provided for in this act are entirely completed; and of all the bonds provided to be delivered for the said road, between the two points aforesaid, there shall be reserved out of each installment fifteen per centum, to be and remain in the treasury until the whole of the road provided for in this act is fully completed; and if the said road or any part thereof shall fail of completion at the time limited therefor in this act, then and in that case the said part of said bonds so reserved shall be forfeited to the United States.

SEC. 18. And be it further enacted, That whenever it appears that the net earnings of the entire road and telegraph, including the amount allowed for services rendered for the United States, after deducting all, expenditures, including repairs, and the furnishing, running, and managing of said road, shall exceed ten per centum upon its cost, exclusive of the five per centum to be paid to the United States, Congress may reduce the rates of fare thereon, if unreasonable in amount, and may fix and establish the same by law. And the better to accomplish the object of this act, namely, to promote the public interest and welfare by the construction of said railroad and telegraph line, and keeping the same in working order, and to secure to the government at all times (but particularly in time of war) the use and benefits of the same for postal, military and other purposes, Congress may, at any time, having due regard for the rights of said companies named herein, add to, alter, amend, or repeal this act.

SEC. 19. And be it further enacted, That the several railroad companies herein named are authorized to enter into an arrangement with the Pacific Telegraph Company, the Overland Telegraph Company, and the California State Telegraph Company, so that the present line of telegraph between the Missouri River and San Francisco may be moved upon or along the line of said railroad and branches as fast as said roads and branches are built; and if said arrangement be entered into and the transfer of said telegraph line be made in accordance therewith to the line of said railroad and branches, such transfer shall, for all purposes of this act, be held and considered a fulfillment on the part of said railroad companies of the provisions of this act in regard to the construction of said line of telegraph. And, in case of disagreement, said telegraph companies are authorized to remove their line of telegraph along and upon the line of railroad herein contemplated without prejudice to the rights of said railroad companies named herein.

SEC. 20. And he it further enacted, That the corporation hereby created and the roads connected therewith, under the provisions of this act, shall make to the Secretary of the Treasury an annual report wherein shall be set forth –

First. The names of the stockholders and their places of residence, so far as the same can be ascertained;

Second. The names and residences of the directors, and all other officers of the company;

Third. The amount of stock subscribed, and the amount thereof actually paid in;

Fourth. A description of the lines of road surveyed, of the lines thereof fixed upon for the construction of the road, and the cost of such surveys;

Fifth. The amount received from passengers on the road;

Sixth. The amount received for freight thereon;

Seventh. A statement of the expense of said road and its fixtures;

Eighth. A statement of the indebtedness of said company, setting forth the various kinds thereof. Which report shall be sworn to by the president of the said company, and shall be presented to the Secretary of the Treasury on or before the first day of July in each year.

APPROVED, July 1, 1862.

SOURCE: Annual Report of the Secretary of the Interior on the Operations of the Department for the Year Ended June 30, 1879, Volume 2, p. 107-15

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

Abraham Lincoln’s Order of Retaliation: General Orders No. 252, July 30, 1863

GENERAL ORDERS No. 252.

WAR DEPARTMENT, ADJUTANT-GENERAL'S OFFICE,

Washington, July 31, 1863.

The following order of the President is published for the information and government of all concerned:

EXECUTIVE MANSION,

Washington, D.C., July 30, 1863.

It is the duty of every government to give protection to its citizens of whatever class, color, or condition, and especially to those who are duly organized as soldiers in the public service. The law of nations and the usages and customs of war as carried on by civilized powers permit no distinction as to color in the treatment of prisoners of war as public enemies. To sell or enslave any captured person on account of his color, and for no offense against the laws of war, is a relapse into barbarism and a crime against the civilization of the age.

The Government of the United States will give the same protection to all its soldiers; and if the enemy shall sell or enslave any one because of his color, the offense shall be punished by retaliation upon the enemy's prisoners in our possession.

It is therefore ordered, that for every soldier of the United States killed in violation of the laws of war a rebel soldier shall be executed; and for every one enslaved by the enemy, or sold into slavery, a rebel soldier shall be placed at hard labor on the public works and continued at such labor until the other shall be released and receive the treatment due to a prisoner of war.

ABRAHAM LINCOLN.

By order of the Secretary of War:

E. D. TOWNSEND,

Assistant Adjutant-General.

SOURCE: The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies, Series 1, Volume 33 (Serial No. 60), p. 866-7

Francis George Shaw to Abraham Lincoln, July 31, 1863

New York 31 July 1863.

To His Excellency

Abraham Lincoln,

President of the United States.

Sir:

My only son, Colonel Robert G. Shaw, of the Fifty fourth Regiment Massachusetts Volunteers, (colored troops) was killed on the parapet of Fort Wagner, in South Carolina, & now lies buried in its ditch, among his brave & devoted followers.

I feel that I have the right, in his name, to entreat you that immediate measures be taken to extend the protection of the United States over his surviving officers & men, some of whom are now prisoners, & over all others belonging to the colored Regiments in the Service, when they fall into the hands of the enemy. And this, not only as an act of humanity, but as required by justice & sound policy.

Our colored soldiers have proved their valor & devotion in the field; they deserve that their rights & the responsibilities of the Government towards them shall be proclaimed to the world & shall be maintained against all enemies.

If our son's services & death shall contribute in any degree towards securing to our colored troops that equal justice which is the holy right of every loyal defender of our beloved Country, we shall esteem our great loss a blessing.

I am, Sir,

with great esteem & respect,

Frans Geo. Shaw

SOURCE: This letter can be found among The Abraham Lincoln Papers at the Library of Congress.