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Eleven months having now passed, we are per- full. But wby 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 com- this particular way? This section of the Conplete opening of the Mississippi the country stitution contemplates a case wherein the eledominated by the rebellion is divided into dis- ment within a State, favorable to republican tinct parts, with no practical communication government, in the Union, may be too feeble between them. Tennessee and Arkansas have for an opposite and hostile element external to been substantially cleared of insurgent control, or even within the State; and such are preand influential citizens in each, owners of slaves cisely the cases with which we are now dealing. and advocates of slavery at the beginning of the An attempt to guaranty and protect a rerebellion, now declare openly for emancipation vived State government, constructed in whole, in their respective States. Of those States not or in preponderating part, from the very element included in the emancipation proclamation, against whose hostility and violence it is to be Maryland and Missouri, neither of which three protected, is simply absurd. There must be a years ago would tolerate any restraint upon the test by which to separate the opposing elements extension of slavery into new territories, only so as to build only from the sound; and that dispute now as to the best mode of removing it test is a sufficiently liberal one which accepts within their own limits.
as sound whoever wil make a sworn recantaOf those who were slaves at the beginning tion of his former unsoundness. 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 wouid 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 Execu. Looking now to the present and future, and tive may lawfully claim it in return for pardon with reference to a resumption of the national and restoration of forfeited rights, which he authority within the wherein that has clear constitutional power to withhold altoauthority has been suspended, I have thought gether, or grant upon the terms which he shall fit to issue a proclamation, a copy of which is deem wisest for the public interest It should herewith transmitted. On examination of this be observed, also, that this part of the oath is proclamation it will appear, as is believed, that subject to the modifying and abrogating power nothing will be attempted beyond what is of legislation and supreme judicial decision. amply justified by the Constitution. True, the The proposed acquiescence of the national form of an oath is given, but no man is coerced Executive in any reasonable temporary State to take it. The man is only promised a pardon arrangement for the freed people is made with in case he voluntarily takes the oath. The the view of possibly modifying the confusion Constitution authorizes the Executive to grant and destitution wbich must at best, attend all or withbold the pardon at his own absolute classes by a total revolution of labor throughdiscretion; and this includes the power to grant out whole States. It is hoped that the already on terms, as is fully established by judicial and deeply afflicted people in those States may be other authorities.
somewhat more ready to give up the cause of It is also proffered that if, in any of the their affliction, if, to this extent, this vital matStates named, a State government shall be, in ter be left to themselves; while no power of the mode prescribed, set up, such government the national Executive to prevent an abuse is shall be recognized and guarantied by the abridged by the proposition. United States, and that under it the State The suggestion in the proclamation as to shall, on constitutional conditions, be protected maintaining the political frame-work of the against invasion and domestic violence. The States on what is called reconstruction, is constitutional obligation of the United States made in the hope that it may do good withoat to guaranty to every State in the Union a re- danger of harm. It will save labor, and avoid publican form of government, and to protect great confusion, the State, in the cases stated, is explicit and But wby any proclamation now upon the sub
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 conagressional declaration for limited and conditional pardon aocords with well established judicial exposition of the pardoning power; and whereas, with reference to said rebellion, the President of the United States has issued several proclamaand 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:
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 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. Say. ing that, on certain terms, certain classes will be pardoned, with rights restored, it is not said that other classes, or other terms, will never be included. Saying that reconstruction will be accepted if presented in a specified way, it is not said it will never be accepted in any other way.
The movements, by State action, for emancipation in several of the States, not included in the emancipation proclamation, are matters of profound gratulation. And while I do not repeat in detail what I have heretofore so earnestly urged upon this subject, my general views and feelings remain unchanged; and I trust that Congress will omit no fair opportunity of aiding these important steps to a great consummation.
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 existing 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 intervened, 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 Almighty God, that I will henceforth faithfully support, protect, 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 Court. So help me God."
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 Government; 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 lieumilitary or naval officers of said so-called Confederate Govtenant in the Navy; all who left seats 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.
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 And I do further proclaim, declare, and make known that power alone we can look, yet for a time, to give whenever in any of the States of Arkansas, Texas, Louisiconfidence to the people in the contested re- Florida, South Carolina, and North Carolina, a number of ana, Mississippi, Tennessee, Alabama, Georgia, Virginia, gions, that the insurgent power will not again persons, not less than one tenth in number of the votes cast overrun them. Until that confidence shall be in such State at the presidential election of the year of our established, little can be done anywhere for taken the oath aforesaid and not having since violated it, Lord one thousand eight hundred and sixty, each having what is called reconstruction. Hence our chief- and being a qualified voter by the election law of the State est care must still be directed to the army and existing immediately before the so-called act of secession, navy, who have thus far borne their harder ment which shall be republican, and in nowise contravening and excluding all others, shall re-establish a State governpart so nobly and well. And it may be esteemed said oath, such shall be recognized as the true government fortunate that in giving the greatest efficiency of the State, and the State shall receive thereunder the to these indispensable arms, we do also honor-"the United States shall guaranty to every State in this benefits of the constitutional provision which declares that ably recognize the gallant men, from command- Union a republican form of government, and shall protect er to sentinel, who compose them, and to whom, each of them against invasion; and, on application of the more than to others, the world must stand in not be convened.) against domestic violence." Legislature, or the Executive, (when the Legislature candebted 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 persons 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, all upon terms and conditions therein stated, and also declaring that the President was thereby authorized at
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 freedom, provide for their education, and which may yet be 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 general 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
| 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 cus
have all the while been maintained. And for the same
Given under my hand, at the City of Washington, the
WILLIAM H. SEWARD, Secretary of State.
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 ben-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 pro ceedings 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 per sonal 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.
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 efits: 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.
There is, therefore, no case of judicial proceedings to en force the penalties 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 con fiscation 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 8th December, 1863. Nor is it necessary that the evidence which he pro duces 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 bene fits 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 seeking 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 Attorneys:
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 seized 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 resem ex-blance to cases of prize of war, captured at sea as enemy's property 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 fifth 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 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
are always efficient instruments and legitimate effects of public war.
But although the remission of forfeitures ander the act of July, 1861, are thus not within the scope of the Proclamation of pardon, still ample power is conferred on the Secretary of the Treasury by the eighth section of that act to mitigate or remit all forfeitures and penalties incurred under the nct. And it is not to be doubted that in all proper cases under that act, where the owner of the property, residing in the territory in rebellion, complies with the conditions of the Proclamation, the Secretary of the Treasury will exercise the power of remission of such forfeitures in the same spirit of generous forbearance and liberality which inspired and characterizes the Proclamation. Very respectfully, &c.,
TITIAN J. COFFEY,
Done at the city of Washington, this 27th day of April, in
By the President:
WILLIAM H. SEWARD, Secretary of State.
1862, May 12-The PRESIDENT issued a proclamation opening the ports of Beaufort, Port Royal, and New Orleans. 1863, September 24-The PRESIDENT issued a proclama tion opening the port of Alexandria, Virginia.
1864, February 18-The PRESIDENT issued a proclamation opening the port of Brownsville, Texas.
1864, November 19-Norfolk, Fernandina, and Pensacola opened after December 1.
Other Proclamations of the Presi- COMMERCIAL INTERCOURSE WITH THE REBELLIOUS
Whereas, on the 15th day of April, 1861, the President of the United States, in view of an insurrection against the laws, Constitution, and Government of the United States, which
Whereas an insurrection against the Government of the United States has broken out in the States of South Caro-had broken out within the States of South Carolina, Georgia, lina, Georgia, Alabama, Florida, Mississippi, Louisiana, and Texas, and the laws of the United States for the collection of the revenue cannot be effectually executed therein conformably to that provision of the Constitution which requires duties to be uniform throughout the United States: And whereas a combination of persons engaged in such insurrection have threatened to grant pretended letters of marque to authorize the bearers thereof to commit assaults on the lives, vessels, and property of good citizens of the country lawfully engaged in commerce on the high seas, and in waters of the United States:
And whereas an executive proclamation has been already issued, requiring the persons engaged in these disorderly proceedings to desist therefrom, calling out a militia force for the purpose of repressing the same, and convening Congress in extraordinary session to deliberate and determine
Now, therefore, I, ABRAHAM LINCOLN, President of the United States, with a view to the same purposes before mentioned, and to the protection of the public peace, and the lives and property of quiet and orderly citizens pursuing their lawful occupations, until Congress shall have assembled and deliberated on the said unlawful proceedings, or until the same shall have ceased, have further deemed it advisable to set on foot a blockade of the ports within the States aforesaid, in pursuance of the laws of the United States and of the law of nations in such case provided. For this purpose a competent force will be posted so as to prevent entrance and exit of vessels from the ports aforeBaid. If, therefore, with a view to violate such blockade, a vessel shall approach, or shall attempt to leave either of the said ports, she will be duly warned by the commander of one of the blockading vessels, who will indorse on her register the fact and date of such warning; and if the same Vessel shall again attempt to enter or leave the blockaded port, she will be captured and sent to the nearest convenient port, for such proceedings against her and her cargo as prize as may be deemed advisable.
And I hereby proclaim and declare that if any person, under the pretended authority of the said States, or under any other pretence, shall molest a vessel of the United States, or the persons or cargo on board of her, such person will be held amenable to the laws of the United States for the prevention and punishment of piracy.
By the President:
WILLIAM H. SEWARD, Secretary of State. WASHINGTON, April 19, 1861.
OF VIRGINIA AND NORTH CAROLINA.
On the 27th of April, the following additional proclamation, extending the blockade, was issued:
Alabama, Florida, Mississippi, Louisiana, and Texas, and in pursuance of the provisions of the act entitled "An act to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions, and to repeal the act now in force for that purpose," approved February 28, 1795, did call forth the militia to suppress said insurrection and to cause the laws of the Union to be duly executed, and the insurgents have failed to disperse by the time directed by the President; and whereas such insurrec tion has since broken out and yet exists within the States of Virginia, North Carolina, Tennessee, and Arkansas; and whereas the insurgents in all the said States claim to act under the authority thereof, and such claim is not disclaimed or repudiated by the persons exercising the functions of gov ernment in such State or States, or in the part or parts thereof, in which such combinations exist, nor has such insurrection been suppressed by said States:
Now, therefore, I, ABRAHAM LINCOLN, President of the United States, in pursuance of the act of Congress approved July 13, 1861, do hereby declare that the inhabitants of the said States of Georgia, South Carolina, Virginia, North Caro lina, Tennessee, Alabama, Louisiana, Texas, Arkansas, Mis sissippi, and Florida, (except the inhabitants of that part of the State of Virginia lying west of the Alleghany Mountains, and of such other parts of that State and the other States hereinbefore named as may maintain a loyal adhe sion to the Union and the Constitution, or may be from time to time occupied and controlled by the forces of the United States engaged in the dispersion of said insurgents) are in a state of insurrection against the United States, and that all commercial intercourse between the same 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 insurreotion shall cease or has been suppressed; that all goods and chattels, wares and merchandise, coming from any of said States, with the exceptions aforesaid, into other parts of the United States, without the special license and permission of the President, through the secretary of the Treasury, or proceeding to any of said States, with the exceptions aforesaid, by land or water, together with the vessel or vehicle conveying the same or conveying persons to or from the said States, with said exceptions, will be forfeited to the United States; and that, from and after fifteen days from the issuing of this proclamation, all ships and vessels belonging, in whole or in part, to any citizen or inhabitant of any of said States, with said exceptions, found at sea or in any port of the United States, will be forfeited to the United States; and I hereby enjoin upon all district attorneys, marshals, and officers of the revenue and of the military and naval forces of the United States, to be vigilant in the execution of said act, and in the enforcement of the penalties and forfeitures imposed or declared by it; leaving any party who may think himself aggrieved thereby to his ap plication to the Secretary of the Treasury for the remission of any penalty or forfeiture, which the said Secretary is authorized by law to grant, if, in his judgment, the special circumstances of any case shall require such remission. 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 sixteenth day of Au gust, in the year of our Lord one thousand eight hundred sixty-one, and of the independence of the United States of America the eighty-sixth. ABRAHAM LINCOLN. By the President:
Whereas, for the reasons assigned in my proclamation of the 19th instant, a blockade of the ports of the States of South Carolina, Georgia, Florida, Alabama, Louisiana, Mississippi, and Texas, was ordered to be established: and whereas, since that date, public property of the United States has been Beized, the collection of the revenue obstructed, and duly commissioned officers of the United States, while engaged in executing the orders of their superiors, have been arrested and held in custody as prisoners, or have been impeded in the discharge of their official duties, without due legal pro-and cess, by persons claiming to act under authority of the States of Virginia and North Carolina: An efficient blockade of the ports of those States will also be established.
In witness whereof, I have hereunto set my hand, and caused the seal of the United States to be affixed.
WILLIAM H. SEWARD, Secretary of State. 1863, April 2-The PRESIDENT issued a proc
lamation modifying the above, and reciting his Chandler, Collamer, Cowan, Dixon, Doolittle, Feesenden, reasons therefor:
Foot, Foster, Grimes, Halo, Harlan, Harris, Howe, John
son of Tennessee, King, Lane of Indiana, Lane of K87628, And wnereas experience has shown that the exceptions Latham, McDougall, Morrill, Rice, Sherman, Simmons, made in and by said proclamation embarrass the due en- Sumner, Ten Eyck, Trumbull, Wade, Wilkinson, Wilsonforcement of said act of July 13, 1861, and the proper regu- 33. lation of the commercial intercourse authorized by said act NAYS-Messrs. Breckinridge, Kennedy, Polk, Poreeth, with the loyal citizens of said States :
In House, the motion to strike from the bill declare that the inhabitants of the States of Georgia, South the ratifying section, was lost-yeas 19, nays Carolina, North Carolina, Tennessee, Alabama, Louisiana, 74; as follows; Texas, Arkansas, Mississippi, Florida, and Virginia, (except the forty-eight counties of Virginia designated as West Vir
YEAS-Messrs. Allen, Ancona, George H. Browne, Clginia, and except, also, the ports of New Orleans, Key West, vert, Cox, Crisfeld, Jackson, Johnson, May, Noble, Pendleton, Port Royal, and Beaufort, in North Carolina,) are in a state James S. Rollins, Shiel, Smith, Vallanuigham, Voorhees of insurrection against the United States, and that all com
Wadsworth, Ward, Webster-19. mercial intercourse, not licensed and conducted as provided
Nays-Messrs. Aldrich, Alloy, Arnold, Ashley, Gold. in said act, between the said States and the inhabitants smith F. Bailey, Baxter, Beaman, Francis P. Blair, Samuel thereof, with the exceptions aforesaid, and the citizens of S. B'air, Blake, Buffinton, Cobb, Colfax, Frederick A. other States and other parts of the United States, is unlaw- Coukling, Conway, Covode. Diven, Duell, Dunn, Edwards, ful, and will remain unlawful until such insurrection shall Eliot, Fenton, Fessenden, Frank, Goodwin, Granger, Gar. cease or has been suppressed, and notice thereof has been ley, Haight, Hale, Hanchett, Harrison, Hortov, Hutchins, duly given by proclamation; and all cotton, tobacco, and Julian, Kelley, Francis W. Kellogs, William Kellogg, Lanother products, and all other goods and chattels, wares, and sing, Leary, Loomis, Lovejoy, McKonn, McKnight, Mo merchandise coming from any of said States, with the ex
Pherson, Mitchell, Moorhead, Anson P. Morrill, Justin & ceptions aforesaid, into other parts of the United States, or
Morrill, Olin, Pike, Porter, Alexander H. Rice, Jobn H. proceeding to any of said States, with the exceptions afore- Rice, Riddle, Edward H. Rollins, Sedgwick, Shanks, Baid, without the license and pormission of tho President, Sheffield, Shellabarger, Sherman, Stevens, Benjamin P. through the Secretary of the Treasury, will,
together with Thomas, Francis Thomas, Train, Trowbridge, Van Hors, the vessel or vehicle conveying the same, be forfeited to the Verree, Wall, Charles W. Walton, E. P. Walton, Albert & United States.
White, Windom, Worcester-74. DECLARING BOUNDARIES OF THE INSURRECTION.
The bill then passed without & division. Whereas, in and by the second section of an act of Congress passed on the 7th day of June, A. D. 1862, entitled
African Slave Trade. An act for the collection of direct taxes in insurrectionary districts within the United States, and for other purposes,"
1862, April 7-A treaty was made between it is made the duty of the President to declare, on or before William H. Seward and Lord Lyons for the the 1st day of July then next following, by his proclamation, suppression of the African Slave Trade, which in what States and parts of States insurrection exists:
Now, therefore, bo it known that I, ABRAHAM LINCOLN, was ratified by the Senate, and announced by President of the United States of America, do hereby declaro proclamation of the President, June 7, 1862, and proclaim that the States of South Carolina, Florida, Article 1 of which is as follows: Georgia, Alabama, Louisiana, Texas, Mississippi, Arkansas, Tennessee, North Carolina, and the State of Virginia, except
The two high contracting partios mutually consent that the following counties: Ilancock, Brooke, Ohio, Marshall, those ships of their respectivo navies which shall be pro Wetzel, Marion, Monongalia, Preston, Taylor, Pleasants, vided with special instructions for that purpose, as herein Tyler, 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, bo suspected Ypshur, Randolph, Mason, Putnam, Kanawha, Clay, Nicho- of being engaged in the African slavo 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 roason thereof the civil authority of the United States is engaged in the African slave trade, contrary to the provie obstructed 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, bo brought to trial in the manner hereinafter agreed upon 1861, cannot be peaceably executed, and that the taxes les
In order to fix the reciprocal right of search in such a gally chargeable upon real estate under the act last afore- manner as shall be adapted to the attainment of the object said, lying within the States and parts of States as aforesaid, of this treaty, and at tho same timo avoid doubts, disputes, together with a penalty of fifty per centum of said xes,
and complaints, the said right of search shall be understood shall be a lien upon tho tracts or lots of the same, severally in the manner and according to tho rules following: charged, till paid.
First. It shall never be exercised except by vessels of In witness whereof, I havo hereunto set my hand, and war, authorized expressly for that object, according to the caused the seal of the United States to be affixed.
stipulations of this treaty. Done at the city of Washington, this 1st day of July, in the
Secondly. The right of search shall in no case be exercised yeur of our Lord one thousand eight hundred and sixty-two, with respect to a vessel of the navy of either of the two and of the independence of the United States of America tho Powers, but shall be exercised only as regards merchant eighty-sixth.
ABRAHAM LINCOLN. vessels; and it shall not be exercised by a vessel of war of By the President:
either contracting party within the limits of a settlement F. W. SEWARD, Acting Secretary of State.
or port, nor within the territorial waters of the other party:
Thirdly. Whenever a merchant vessel is searched by a PROCEEDINGS OF CONGRESS. ship of war, the commander of the said ship shall, in the
act of so doing, exhibit to the commander of the merchaut ACTS OF THE PRESIDENT APPROVED - FIRST
vessel the special instructions by which he is duly author SESSION, THIRTY-SEVENTH CONGRESS. ized to search; and shall deliver to such commander a cer
tificate, 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 hime effect, as if they had been issued and done under the pre- self, stating his rank in the navy, the name of the comvious express authority and direction of the Congress of the mander by whose orders he proceeds to make the search, United States.
that of the cruiser in which he sails, and the object of the In Senate, the bill passed-yeas 33, nays 5, search, as above described. If it appears from the search as follows:
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 tho vessel that tho search has been made in