Eleven months having now passed, we are per- | full. But why tender the benefits of this promitted to take another view. The rebel borders vision only to a State government set up in are pressed still further back, and by the complete opening of the Mississippi the country dominated by the rebellion is divided into distinct parts, with no practical communication between them. Tennessee and Arkansas have been substantially cleared of insurgent control, and influential citizens in each, owners of slaves and advocates of slavery at the beginning of the rebellion, now declare openly for emancipation in their respective States. Of those States not included in the emancipation proclamation, Maryland and Missouri, neither of which three years ago would tolerate any restraint upon the extension of slavery into new territories, only dispute now as to the best mode of removing it within their own limits.

this particular way? This section of the Constitution contemplates a case wherein the element within a State, favorable to republican government, in the Union, may be too feeble for an opposite and hostile element external to or even within the State; and such are precisely the cases with which we are now dealing. An attempt to guaranty and protect a revived State government, constructed in whole, or in preponderating part, from the very element against whose hostility and violence it is to be protected, is simply absurd. There must be a test by which to separate the opposing elements so as to build only from the sound; and that test is a sufficiently liberal one which accepts as sound whoever will make a sworn recantation of his former unsoundness.

Of those who were slaves at the beginning of the rebellion, full one hundred thousand are But if it be proper to require, as a test of now in the United States military service, about admission to the political body, an oath of alone half of which number actually bear arms legiance to the Constitution of the United States, in the ranks; thus giving the double advantage and to the Union under it, why also to the laws of taking so much labor from the insurgent and proclamations in regard to slavery? Those cause, and supplying the places which other-laws and proclamations were enacted and put wise must be filled with so many white men. forth for the purpose of aiding in the suppresSo far as tested, it is difficult to say they are sion of the rebellion. To give them their fullest not as good soldiers as any. No servile insur- effect, there had to be a pledge for their mainrection, or tendency to violence or cruelty, has tenance. In my judgment they have aided, marked the measures of emancipation and arm- and will further aid, the cause for which they ing the blacks. These measures have been were intended. To now abandon them would much discussed in foreign countries, and con- be not only to relinquish a lever of power, but temporary with such discussion the tone of would also be a cruel and an astounding breach public sentiment there is much improved. At of faith. I may add at this point, that while I home the same measures have been fully dis- remain in my present position I shall not atcussed, supported, criticised, and denounced, tempt to retract or modify the emancipation and the annual elections following are highly proclamation; nor shall I return to slavery any encouraging to those whose official duty it is person who is free by the terms of that proclato bear the country through this great trial. mation, or by any of the acts of Congress. Thus we have the new reckoning. The crisis For these and other reasons it is thought best which threatened to divide the friends of the that support of these measures shall be incluUnion is past. ded in the oath; and it is believed the Executive may lawfully claim it in return for pardon and restoration of forfeited rights, which he has clear constitutional power to withhold altogether, or grant upon the terms which he shall deem wisest for the public interest It should be observed, also, that this part of the oath is subject to the modifying and abrogating power of legislation and supreme judicial decision.

Looking now to the present and future, and with reference to a resumption of the national authority within the States wherein that authority has been suspended, I have thought fit to issue a proclamation, a copy of which is herewith transmitted. On examination of this proclamation it will appear, as is believed, that nothing will be attempted beyond what is amply justified by the Constitution. True, the form of an oath is given, but no man is coerced to take it. The man is only promised a pardon in case he voluntarily takes the oath. The Constitution authorizes the Executive to grant or withhold the pardon at his own absolute discretion; and this includes the power to grant on terms, as is fully established by judicial and other authorities.

It is also proffered that if, in any of the States named, a State government shall be, in the mode prescribed, set up, such government shall be recognized and guarantied by the United States, and that under it the State shall, on constitutional conditions, be protected against invasion and domestic violence. The constitutional obligation of the United States to guaranty to every State in the Union a republican form of government, and to protect the State, in the cases stated, is explicit and

The proposed acquiescence of the national Executive in any reasonable temporary State arrangement for the freed people is made with the view of possibly modifying the confusion and destitution which must at best, attend all classes by a total revolution of labor throughout whole States. It is hoped that the already deeply afflicted people in those States may be somewhat more ready to give up the cause of their affliction, if, to this extent, this vital matter be left to themselves; while no power of the national Executive to prevent an abuse is abridged by the proposition.

The suggestion in the proclamation as to maintaining the political frame-work of the States on what is called reconstruction, is made in the hope that it may do good without danger of harm. It will save labor, and avoid great confusion.

But why any proclamation now upon the sub

ject? This question is beset with the conflicting views that the step might be delayed too long or be taken too soon. In some States the elements for resumption seem ready for action, but remain inactive, apparently for want of a rallying point-a plan of action. Why shall A adopt the plan of B, rather than B that of A? And if A and B should agree, how can they know but that the General Government here will reject their plan? By the proclamation a plan is presented which may be accepted by them as a rallying point, and which they are assured in advance will not be rejected here. This may bring them to act sooner than they otherwise would.

The objection to a premature presentation of a plan by the national Executive consists in the danger of committals on points which could be more safely left to further developments. Care has been taken to so shape the document as to avoid embarrassments from this source. Saying that, on certain terms, certain classes will be pardoned, with rights restored, it is not said that other classes, or other terms, will never be included. Saying that reconstruction will be accepted if presented in a specified way, it is not said it will never be accepted in any other

way.

any time thereafter, by proclamation, to extend to persons
who may have participated in the existing rebellion, in any
State or part thereof, pardon and amnesty, with such excep-
tions and at such times and on such conditions as he may
deem expedient for the public welfare; and whereas the con-
gressional declaration for limited and conditional pardon ac-
cords with well established judicial exposition of the pardon-
ing power; and whereas, with reference to said rebellion, the
President of the United States has issued several proclama
and whereas it is now desired by some persons heretofore
tions, with provisions in regard to the liberation of slaves;
engaged in said rebellion to resume their allegiance to the
United States, and to reinaugurate loyal State governments
within and for their respective States:

Therefore, I, ABRAHAM LINCOLN, President of the United

States, do proclaim, declare, and make known to all persons
who have directly, or by implication, participated in the ex-
isting rebellion, except as hereinafter excepted, that a full
pardon is hereby granted to them and each of them, with
restoration of all rights of property, except as to slaves, and
in property cases where rights of third parties shall have in-
tervened, and upon the condition that every such person
shall take and subscribe an oath, and thenceforward keep
and maintain said oath inviolate; and which oath shall be
registered for permanent preservation, and shall be of the
tenor and effect following, to wit:
"I,
do solemnly swear, in presence of Al-
mighty God, that I will henceforth faithfully support, pro-
tect, and defend the Constitution of the United States, and
the union of the States thereunder; and that I will, in like
manner, abide by and faithfully support all acts of Congress
passed during the existing rebellion with reference to
slaves, so long and so far as not repealed, modified, or held
void by Congress, or by decision of the Supreme Court; and
that I will, in like manner, abide by and faithfully support
all proclamations of the President made during the existing
rebellion having reference to slaves, so long and so far as
not modified or declared void by decision of the Supreme

The movements, by State action, for emanci-Court. So help me God." pation in several of the States, not included in the emancipation proclamation, are matters of profound gratulation. And while I do not repeat in detail what I have heretofore so earnestly urged upon this subject, my general views and feelings remain unchanged; and I trust that Congress will omit no fair opportunity of aiding these important steps to a great consummation.

In the midst of other cares, however important, we must not lose sight of the fact that the war power is still our main reliance. To that power alone we can look, yet for a time, to give confidence to the people in the contested regions, that the insurgent power will not again overrun them. Until that confidence shall be established, little can be done anywhere for what is called reconstruction. Hence our chiefest care must still be directed to the army and navy, who have thus far borne their harder part so nobly and well. And it may be esteemed fortunate that in giving the greatest efficiency to these indispensable arms, we do also honorably recognize the gallant men, from commander to sentinel, who compose them, and to whom, more than to others, the world must stand in debted for the home of freedom disenthralled, regenerated, enlarged, and perpetuated. ABRAHAM LINCOLN.

December 8, 1863.

PROCLAMATION OF AMNESTY. Whereas, in and by the Constitution of the United States, it is provided that the President "shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment;" and whereas a rebellion now exists whereby the loyal State governments of several States have for a long time been subverted, and many pergons have committed and are now guilty of treason against the United States; and whereas, with reference to said rebellion and treason, laws have been enacted by Congress declaring forfeitures and confiscation of property and liberation of slaves, alapon terms and conditions therein stated, and also declaring that the President was thereby authorized at

The persons excepted from the benefits of the foregoing
provisions are all who are, or shall have been, civil or diplo
matic officers or agents of the so-called Confederate Govern-
ment; all who have left judicial stations under the United
States to aid the rebellion; all who are, or shall have been,
ernment above the rank of colonel in the Army, or of lien-
military or naval officers of said so-called Confederate Gov-
tenant in the Navy; all who left scats in the United States
Congress to aid the rebellion; all who resigned commissions
in the Army or Navy of the United States, and afterwards
aided the rebellion; and all who have engaged in any way
in treating colored persons, or white persons in charge of
such, otherwise than lawfully as prisoners of war, and which
persons may have been found in the United States service
as soldiers, seamen, or in any other capacity.
And I do further proclaim, declare, and make known that
whenever in any of the States of Arkansas, Texas, Louisi-
ana, Mississippi, Tennessee, Alabama, Georgia, Virginia,
Florida, South Carolina, and North Carolina, a number of
persons, not less than one tenth in number of the votes cast
in such State at the presidential election of the year of our
taken the oath aforesaid and not having since violated it,
Lord one thousand eight hundred and sixty, each having
and being a qualified voter by the election law of the State
existing immediately before the so-called act of secession,
and excluding all others, shall re-establish a State govern-
ment which shall be republican, and in nowise contravening
said oath, such shall be recognized as the true government
of the State, and the State shall receive thereunder the
benefits of the constitutional provision which declares that
"the United States shall guaranty to every State in this
Union a republican form of government, and shall protect
each of them against invasion; and, on application of the
Legislature, or the Executive, (when the Legislature can-
not be convened,) against domestic violence."

And I do further proclaim, declare, and make known
that any provision which may be adopted by such State
government in relation to the freed people of such State,
which shall recognize and declare their permanent free-
dom, provide for their education, and which may yet bo
consistent, as a temporary arrangement, with their present
condition as a laboring, landless, and homeless class, will
not be objected to by the national Executive. And it is
suggested as not improper, that, in constructing a loyal
State government in any State, the name of the State, the
boundary, the subdivisions, the constitution, and the gen
eral code of laws, as before the rebellion, be maintained,
subject only to the modifications made necessary by the
conditions hereinbefore stated, and such others, if any,
not contravening said conditions, and which may be
deemed expedient by those framing the new State govern-
ment.

To avoid misunderstanding, it may be proper to say that this proclamation, so far as it relates to State governments, has no reference to States wherein loyal State governments.

have all the while been maintained. And for the same
reason, it may be proper to further say, that whether
members sent to Congress from any State shall be ad-
mitted to seats constitutionally, rests exclusively with the
respective Houses, and not to any extent with the Execu-
tive.
And still further, that this proclamation is intended
to present the people of the States wherein the national
authority has been suspended, and loyal State governments
have been subverted, a mode in and by which the national
and loyal State governments may be re-established within
said States, or in any of them; and, while the mode pre-
sented is the best the Executive can suggest, with his pres-
ent impressions, it must not be understood that no other
possible mode would be acceptable.

Given under my hand, at the City of Washington, the
eighth day of December, A. D. one thousand eight hun-
dred and sixty-three, and of the independence of the
United States of America the eighty-eighth.
ABRAHAM LINCOLN.
By the President:

WILLIAM H. SEWARD, Secretary of State.

AMNESTY DEFINED.

By the President of the United States-A Proclamation. Whereas it has become necessary to define the cases in which insurgent enemies are entitled to the benefits of the Proclamation of the President of the United States, which was made on the 8th day of December, 1863, and the manner in which they shall proceed to avail themselves of those benefits: and whereas the objects of that proclamation were to suppress the insurrection, and to restore the authority of the United States: and whereas the amnesty therein provided by the President was offered with reference to these objects alone:

Now, therefore, I, ABRAHAM LINCOLN, President of the United States, do hereby proclaim and declare that the said proclamation does not apply to the cases of persons who, at the time when they seek to obtain the benefits thereof by taking the oath thereby prescribed, are in military, naval, or civil confinement or custody, or under bonds or on parole of the civil, military, or naval authorities, or agents of the United States as prisoners of war, or persons detained for offences of any kind, either before or after conviction; and that, on the contrary, it does apply only to persons who, being yet at large and free from any arrest, confinement, or duress, shall voluntarily come forward and take the said oath with the purpose of restoring peace and establishing the national authority.

Prisoners excluded from the amnesty offered in the said proclamation may apply to the President for clemency, like all other offenders, and their application will receive due consideration.

I do further declare and proclaim that the oath prescribed in the aforesaid proclamation of the 8th of December, 1863, may be taken and subscribed to before any commissioned officer, civil, military, or naval, in the service of the United States, or any civil or military officer of a State or Territory, not in insurrection, who by the law thereof may be qualified for administering oaths.

All officers who receive such oaths are hereby authorized to give certificates thereon to the persons respectively by whom they are made. And such officers are hereby required to transmit the original records of such oaths at as early a day as may be convenient to the Department of State, where they will be deposited and remain in the archives of the Government.

to slaves and where rights of third parties have intervened, which that proclamation offers and secures.

The President's pardon of a person guilty of acts of rebellion will of course relieve that person from the penalties incurred by his crime, and, where an indictment is pending against him therefor, the production of the pardon signed by the President, or of satisfactory evidence that he has complied with the conditions on which the pardon is offered, (if he be not of the class excepted from the benefits of the proclamation,) will be a sufficient reason for discontinuing such criminal proceedings, and discharging him from custody therein.

Nor is it less doubtful that a bona fide acceptance of the terms of the President's Proclamation, by persons guilty of acts of rebellion, and not of the excepted class, will secure to such persons a restoration of all the rights of property, except as to slaves and where the rights of third parties shall have intervened, notwithstanding such property may, by reason of those acts of rebellion, have been subject to confiscation under the provisions of the Confiscation act of of 6th August, 1861, chap. 60, and 17th July, 1862, chap. 195. For, without adverting to any other source of power in the President to restore or protect their rights of property, the 13th section of the act of 17th of July, 1862, authorizes the President at any time thereafter, by proclamation, to extend to persons who may have participated in the existing rebellion in any State or part thereof, pardon and amnesty, with such exceptions, and at such time and on such conditions, as he may deem expedient for the public welfare. It will hardly be questioned, I suppose, that the purpose of this section, inserted in a law mainly intended to reach the property of persons engaged in rebellion, was to vest the President with power to relieve such persons, on such conditions as he should prescribe, from the penalty of loss of their property by confiscation. Although the proceedings for confiscation under the acts of Aug. 6, 1861, and July 17, 1862, are in rem, against the property seized, yet, under both acts, the ground of condemnation is the personal guilt of the owner in aiding the rebellion. By the pardon and amnesty, not only is the punishment of that personal guilt remitted, but the offence itself is effaced, that being the special effect of an act of amnesty by the Government. Of course it arrests and puts an end to all penal proceedings founded thereon, whether they touch the persons or the property of the offender.

There is, therefore, no case of judicial proceedings to enforce the penaltics of acts of rebellion which cannot be reached and cured by the constitutional or statutory power of the President to grant pardon and amnesty, whether those proceedings be against the person of the offender by criminal indictment or against his property under the confiscation acts referred to.

The President has accordingly directed me to instruct you that, in any case where proceedings have been commenced and are pending and undetermined in the District or Circuit Court of the United States for your district against a person charged with acts of rebellion, and not of the excepted class, whether they be by indictment or by seizure and libel of his property for confiscation, (the rights of other parties not having intervened,) you will discontinue and put an end to those proceedings, whenever the person so charged shall produce evidence satisfactory to you that he has, in good faith, taken the oath and complied with the conditions prescribed by the President's proclamation of the Sth December, 1863. Nor is it necessary that the evidence which he produces should be a deed of pardon signed by the President. It would be quite impossible for the President to furnish the multitudes who are now availing themselves of the benefits of the Proclamation, and who are likely to do so hereafter, with his formal evidence of pardon. It will be sufficient to justify your action if the party secking to be relieved from further proceedings shall prove to your full satisfaction Done at the city of Washington, the 26th day of March, in that he has, in good faith, taken the oath and brought himthe year of our Lord one thousand eight hundred and sixty-self within the conditions of pardon and amnesty set forth four, and of the independence of the United States the eightyeighth. ABRAHAM LINCOLN.

The Secretary of State will keep a register thereof, and will, on application in proper cases, issue certificates of such records in the customary form of such certificates.

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

By the President:
WILLIAM H. SEWARD, Secretary of State.

CIRCULAR OF THE ATTORNEY GENERAL.

WASHINGTON, February 19, 1864-The follow ing important circular letter has been addressed to United States District Attornies:

in the Proclamation.

If, in any case, you have good reason to believe that the oath has been taken for the mere purpose of obtaining the possession of personal property scized under the Confisca tion acts, with intent to remove it from the subsequent reach of the officers of the law, you will make report of the facts and reasons for your belief to this office before discontinuing the proceedings or restoring such property to the possession of 13th July, 1861, chapter 3, are not of the class reached by the President's Proclamation, for, under that act, the question whether the property seized is subject to forfeiture depends upon the predicament of the property itself, and not upon the general guilt or innocence of its owner. In this respect, forfeitures under that act have more resemproperty than to proceedings under the acts of August, 1861, and July, 1862. Such forfeitures are enforced not so much to punish the owner for disloyal acts as to prohibit commercial intercourse, and to weaken the public enemy, which

of the owner. Forfeitures under the fiith section of the act

SIR: Many persons, against whom criminal indictments, or against whose property proceedings under the confiscation laws are pending in the courts of the United States, growing out of the participation of such persons in the ex-blance to cases of prize of war, captured at sea as enemy's isting rebellion, have, in good faith, taken the oath prescribed by the proclamation of the President of 8th December, 1863, and have therefore entitled themselves to the full pardon and restoration of all rights of property, except as

Other Proclamations of the Presi- COMMERCIAL INTERCOURSE WITH THE REBELLIOUS

lamation modifying the above, and reciting his | Chandler, Collamer, Cowan, Dixon, Doolittle, Fessenden, reasons therefor:

And whereas experience has shown that the exceptions made in and by said proclamation embarrass the due enforcement of said act of July 13, 1861, and the proper regulation of the commercial intercourse authorized by said act with the loyal citizens of said States:

Now, therefore, 1, ABRAHAM LINCOLN, President of the United States, do hereby revoke the said exceptions, and declare that the inhabitants of the States of Georgia, South Carolina, North Carolina, Tennessee, Alabama, Louisiana, Texas, Arkansas, Mississippi, Florida, and Virginia, (except the forty-eight counties of Virginia designated as West Virginia, and except, also, the ports of New Orleans, Key West, Port Royal, and Beaufort, in North Carolina,) are in a state of insurrection against the United States, and that all commercial intercourse, not licensed and conducted as provided in said act, between the said States and the inhabitants thereof, with the exceptions aforesaid, and the citizens of other States and other parts of the United States, is unlawful, and will remain unlawful until such insurrection shall cease or has been suppressed, and notice thereof has been duly given by proclamation; and all cotton, tobacco, and other products, and all other goods and chattels, wares, and merchandise coming from any of said States, with the exceptions aforesaid, into other parts of the United States, or proceeding to any of said States, with the exceptions aforesaid, without the license and permission of the President, through the Secretary of the Treasury, will, together with the vessel or vehicle conveying the same, be forfeited to the United States.

DECLARING BOUNDARIES OF THE INSURRECTION. Whereas, in and by the second section of an act of Congress passed on the 7th day of June, A. D. 1862, entitled An act for the collection of direct taxes in insurrectionary districts within the United States, and for other purposes,' it is made the duty of the President to declare, on or before the 1st day of July then next following, by his proclamation, in what States and parts of States insurrection exists:

Foot, Foster, Grimes, Hale, Harlan, Harris, Howe, John-
son of Tennessee, King, Lane of Indiana, Lane of Kansas,
Latham, McDougall, Morrill, Rice, Sherman, Simmons,
Sumner, Ten Eyck, Trumbull, Wade, Wilkinson, Wilson-
33.
NAYS-Messrs. Breckinridge, Kennedy, Polk, Powell,
Saulsbury-5.

In House, the motion to strike from the bill the ratifying section, was lost-yeas 19, nays 74; as follows;

YEAS-Messrs. Allen, Ancona, George H. Browne, Cal vert, Cor, Crisfield, Jackson, Johnson, May, Noble, Pendleton, James S. Rollins, Shiel, Smith, Vallandigham, Voorhees, Wadsworth, Ward, Webster-19.

NAYS-Messrs. Aldrich, Alley, Arnold, Ashley, Goldsmith F. Bailey, Baxter, Beaman, Francis P. Blair, Samuel S. Blair, Blake, Buffinton, Cobb, Colfax, Frederick A. Conkling, Conway, Covode, Diven, Duell, Dunn, Edwards, Eliot, Fenton, Fessenden, Frank, Goodwin, Granger, Gurley, Haight, Hale, Hanchett, Harrison, Horton, Hutchins, Julian, Kelley, Francis W. Kellogg, William Kellogg, Lansing, Leary, Loomis, Lovejoy, McKean, McKnight, McPherson, Mitchell, Moorhead, Anson P. Morrill, Justin 8. Morrill, Olin, Pike, Porter, Alexander H. Rice, John H. Rice, Riddle, Edward H. Rollins, Sedgwick, Shanks, Sheffield, Shellabarger, Sherman, Stevens, Benjamin F. Thomas, Francis Thomas, Train, Trowbridge, Van Horn, Verree, Wall, Charles W. Walton, E. P. Walton, Albert S. White, Windom, Worcester-74.

The bill then passed without a division.

African Slave Trade.

1862, April 7-A treaty was made between William H. Seward and Lord Lyons for the suppression of the African Slave Trade, which was ratified by the Senate, and announced by proclamation of the President, June 7, 1862, Article 1 of which is as follows:

Now, therefore, be it known that I, ABRAHAM LINCOLN, President of the United States of America, do hereby declare and proclaim that the States of South Carolina, Florida, Georgia, Alabama, Louisiana, Texas, Mississippi, Arkansas, Tennessee, North Carolina, and the State of Virginia, except those ships of their respective navies which shall be proThe two high contracting parties mutually consent that the following counties: Hancock, Brooke, Ohio, Marshall, Wetzel, Marion, Monongalia, Preston, Taylor, Pleasants, vided with special instructions for that purpose, as hereinTyler, Ritchie, Doddridge, Harrison, Wood, Jackson, Wirt, after mentioned, may visit such merchant vessels of the Roane, Calhoun, Gilmer, Barbour, Tucker, Lewis, Braxton, two nations as may, upon reasonable grounds, be suspected Upshur, Randolph, Mason, Putnam, Kanawha, Clay, Nicho of being engaged in the African slave trade, or of having las, Cabell, Wayne, Boone, Logan, Wyoming, Webster, Fay- been fitted out for that purpose; or of having, during the ette, and Raleigh, are now in insurrection and rebellion, and voyage on which they are met by the said cruisers, been by reason thereof the civil authority of the United States is engaged in the African slave trade, contrary to the proviobstructed so that the provisions of the "Act to provide in-sion of this treaty; and that such cruisers may detain, and creased revenue from imports, to pay the interest on the send or carry away, such vessels, in order that they may public debt, and for other purposes," approved August 5, be brought to trial in the manner hereinafter agreed upon. 1861, cannot be peaceably executed, and that the taxes legally chargeable upon real estate under the act last aforesaid, lying within the States and parts of States as aforesaid, together with a penalty of fifty per centum of said taxes, shall be a lien upon the tracts or lots of the same, severally charged, till paid.

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

Done at the city of Washington, this 1st day of July, in the year of our Lord one thousand eight hundred and sixty-two, and of the independence of the United States of America the eighty-sixth. ABRAHAM LINCOLN.

By the President:

F. W. SEWARD, Acting Secretary of State.

PROCEEDINGS OF CONGRESS.

ACTS OF THE PRESIDENT APPROVED FIRST
SESSION, THIRTY-SEVENTH CONGRESS.

In order to fix the reciprocal right of search in such a manner as shall be adapted to the attainment of the object of this treaty, and at the same time avoid doubts, disputes, and complaints, the said right of search shall be understood in the manner and according to the rules following:

First. It shall never be exercised except by vessels of war, authorized expressly for that object, according to the stipulations of this treaty.

Secondly. The right of search shall in no case be exercised with respect to a vessel of the navy of either of the two Powers, but shall be exercised only as regards merchant vessels; and it shall not be exercised by a vessel of war of either contracting party within the limits of a settlement or port, nor within the territorial waters of the other

party.

Thirdly. Whenever a merchant vessel is searched by a ship of war, the commander of the said ship shall, in the act of so doing, exhibit to the commander of the merchant vessel the special instructions by which he is duly authorized to search; and shall deliver to such commander a certificate, signed by himself, stating his rank in the naval

1861, August 5-Congress passed a bill, the service of his country, and the name of the vessel he comthird section of which was as follows:

mands, and also declaring that the only object of the search is to ascertain whether the vessel is employed in the AfriThat all the acts, proclamations, and orders of the Presi- can slave trade, or is fitted up for the said trade. When dent of the United States after the 4th of March, 1861, the search is made by an officer of the cruiser who is not respecting the army and navy of the United States, and the commander, such officer shall exhibit to the captain of calling out or relating to the militia or volunteers from the merchant vessel a copy of the before-mentioned special the States, are hereby approved and in all respects legal- instructions, signed by the commander of the cruiser; and ized and made valid, to the same intent and with the same he shall in like manner deliver a certificate signed by himeffect, as if they had been issued and done under the pre-self, stating his rank in the navy, the name of the comvions express authority and direction of the Congress of the United States.

In SENATE, the bill passed-yeas 33, nays 5, as follows:

mander by whose orders he proceeds to make the search, that of the cruiser in which he sails, and the object of the

search, as above described. If it appears from the search that the papers of the vessel are in regular order, and that it is employed on lawful objects, the officer shall enter in YEAS-Messrs. Anthony, Baker, Browning, Carlile, the log-book of the vessel that the search has been made in