July 4, 1862.
FELLOW-CITIZENS OF THE SENATE AND HOUSE OF REPRESENTATIVES:
Herewith is the draft of the bill to compensate any State which may abolish slavery within its limits, the passage of which, substantially as presented, I respectfully and earnestly recommend.
A. LINCOLN.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled: That whenever the President of the United States shall be satisfied that any State shall have lawfully abolished slavery within and through-out such State, either immediately or gradually, it shall be the duty of the President, assisted by the Secretary of the Treasury, to prepare and deliver to each State an amount of six per cent. interest-bearing bonds of the United States equal to the aggregate value at dollars per head of all the slaves within such State, as reported by the census of 1860; the whole amount for any one State to be delivered at once if the abolishment be immediate, or in equal annual instalments if it be gradual, interest to begin running on each bond at the time of delivery, and not before.
And be it further enacted, That if any State, having so received any such bonds, shall at any time afterwards by law reintroduce or tolerate slavery within its limits, contrary to the act of abolishment upon which such bonds shall have been received, said bonds so received by said State shall at once be null and void, in whosesoever hands they may be, and such State shall refund to the United States all interest which may have been paid on such bonds.
TELEGRAM TO GENERAL H. W. HALLECK
WAR DEPARTMENT, July 14, 1862MAJOR-GENERAL HALLECK, Corinth, Mississippi:
I am very anxious almost impatient to have you here. Have due regard to what you leave behind. When can you reach here?
A. LINCOLN.
TELEGRAM TO GENERAL G. B. McCLELLAN
WAR DEPARTMENT, WASHINGTON CITY, July 14, 1862MAJOR-GENERAL McCLELLAN:
General Burnside's force is at Newport News, ready to move, on short notice, one way or the other, when ordered.
A. LINCOLN.
TO SOLOMON FOOT
EXECUTIVE MANSION, WASHINGTON, July 15, 1862HON. SOLOMON FOOT, President pro tempore of the Senate.
SIR: Please inform the Senate that I shall be obliged if they will postpone the adjournment at least one day beyond the time which I understand to be now fixed for it.
Your obedient servant,
A. LINCOLN.
[The same message was addressed to Hon. Galusha A. Grow Speaker of the House of Representatives.]
MESSAGE TO CONGRESS. July 17, 1862
FELLOW-CITIZENS OF THE SENATE AND HOUSE OF REPRESENTATIVES:I have inadvertently omitted so long to inform you that in March last Mr. Cornelius Vanderbilt, of New York, gratuitously presented to the United States the ocean steamer Vanderbilt, by many esteemed the finest merchant ship in the world. She has ever since been and still is doing valuable service to the government. For the patriotic act of making this magnificent and valuable present to the country I recommend that some suitable acknowledgment be made.
A. LINCOLN.
MESSAGE TO CONGRESS. July 17, 1862
FELLOW-CITIZENS OF THE SENATE AND HOUSE OF REPRESENTATIVES:Considering the bill for "An act to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes," and the joint resolution explanatory of said act as being substantially one, I have approved and signed both.
Before I was informed of the passage of the resolution I had prepared the draft of a message stating objections to the bill becoming a law, a copy of which draft is herewith transmitted.
A. LINCOLN.
FELLOW-CITIZENS OF THE HOUSE OF REPRESENTATIVES:
I herewith return to your honorable body, in which it originated, the bill for an act entitled "An act to suppress treason and rebellion, to seize and confiscate the property of rebels, and for other purposes," together with my objections to its becoming a law.
There is much in the bill to which I perceive no objection. It is wholly prospective, and touches neither person nor property of any loyal citizen, in which particulars it is just and proper. The first and second sections provide for the conviction and punishment of persons Who shall be guilty of treason and persons who shall "incite, set on foot, assist, or engage in any rebellion or insurrection against the authority of the United States or the laws thereof, or shall give aid and comfort thereto, or shall engage in or give aid and comfort to any such existing rebellion or insurrection." By fair construction persons within these sections are not to be punished without regular trials in duly constituted courts, under the forms and all the substantial provisions of law and of the Constitution applicable to their several cases. To this I perceive no objection, especially as such persons would be within the general pardoning power and also the special provision for pardon and amnesty contained in this act.
It is also provided that the slaves of persons convicted under these sections shall be free. I think there is an unfortunate form of expression rather than a substantial objection in this. It is startling to say that Congress can free a slave within a State, and yet if it were said the ownership of the slave had first been transferred to the nation and that Congress had then liberated him the difficulty would at once vanish. And this is the real case. The traitor against the General Government forfeits his slave at least as justly as he does any other property, and he forfeits both to the government against which be offends. The government, so far as there can be ownership, thus owns the forfeited slaves, and the question for Congress in regard to them is, "Shall they be made free or be sold to new masters?" I perceive no objection to Congress deciding in advance that they shall be free. To the high honor of Kentucky, as I am informed, she is the owner of some slaves by escheat, and has sold none, but liberated all. I hope the same is true of some other States. Indeed, I do not believe it will be physically possible for the General Government to return persons so circumstanced to actual slavery. I believe there would be physical resistance to it which could neither be turned aside by argument nor driven away by force. In this view I have no objection to this feature of the bill. Another matter involved in these two sections, and running through other parts of the act, will be noticed hereafter.
I perceive no objection to the third or fourth sections.
So far as I wish to notice the fifth and sixth sections, they may be considered together. That the enforcement of these sections would do no injustice to the persons embraced within them, is clear. That those who make a causeless war should be compelled to pay the cost of it, is too obviously just to be called in question. To give governmental protection to the property of persons who have abandoned it, and gone on a crusade to overthrow the same government, is absurd, if considered in the mere light of justice. The severest justice may not always be the best policy. The principle of seizing and appropriating the property of the persons embraced within these sections is certainly not very objectionable, but a justly discriminating application of it would be very difficult and, to a great extent, impossible. And would it not be wise to place a power of remission somewhere, so that these persons may know they have something to lose by persisting and something to gain by desisting?
[A man without hope is a most dangerous man he has nothing to lose!]
I am not sure whether such power of remission is or is not in section thirteen. Without any special act of Congress, I think our military commanders, when in military phrase, "they are within the enemy's country," should, in an orderly manner, seize and use whatever of real or personal property may be necessary or convenient for their commands; at the same time preserving, in some way, the evidence of what they do.
What I have said in regard to slaves, while commenting on the first and second sections, is applicable to the ninth, with the difference that no provision is made in the whole act for determining whether a particular individual slave does or does not fall within the classes defined in that section. He is to be free upon certain conditions but whether those conditions do or do not pertain to him no mode of ascertaining is provided. This could be easily supplied.
To the tenth section I make no objection. The oath therein required seems to be proper, and the remainder of the section is substantially identical with a law already existing.
The eleventh section simply assumes to confer discretionary power upon the executive. Without the law, I have no hesitation to go as far in the direction indicated as I may at any time deem expedient. And I am ready to say now I think it is proper for our military commanders to employ, as laborers, as many persons of African descent as can be used to advantage.
The twelfth and thirteenth sections are something better than unobjectionable; and the fourteenth is entirely proper, if all other parts of the act shall stand.
That to which I chiefly object pervades most parts of the act, but more distinctly appears in the first, second, seventh, and eighth sections. It is the sum of those provisions which results in the divesting of title forever.
For the causes of treason and ingredients of treason, not amounting to the full crime, it declares forfeiture extending beyond the lives of the guilty parties; whereas the Constitution of the United States declares that "no attainder of treason shall work corruption of blood or forfeiture except during the life of the person attainted." True, there is to be no formal attainder in this case; still, I think the greater punishment cannot be constitutionally inflicted, in a different form, for the same offence.
With great respect I am constrained to say I think this feature of the act is unconstitutional. It would not be difficult to modify it.
I may remark that the provision of the Constitution, put in language borrowed from Great Britain, applies only in this country, as I understand, to real or landed estate.
Again, this act in rem forfeits property for the ingredients of treason without a conviction of the supposed criminal, or a personal hearing given him in any proceeding. That we may not touch property lying within our reach, because we cannot give personal notice to an owner who is absent endeavoring to destroy the government, is certainly not satisfactory. Still, the owner may not be thus engaged; and I think a reasonable time should be provided for such parties to appear and have personal hearings. Similar provisions are not uncommon in connection with proceedings in rem.
For the reasons stated, I return the bill to the House in which it originated.
TELEGRAM TO GENERAL G. B. McCLELLAN
WAR DEPARTMENT, WASHINGTON CITY, D.C., July 21, 1862MAJOR-GENERAL McCLELLAN:
This is Monday. I hope to be able to tell you on Thursday what is to be done with Burnside.
A. LINCOLN.
ORDER IN REGARD TO BEHAVIOR OF ALIENS
WAR DEPARTMENT, ADJUTANT-GENERAL'S OFFICE,WASHINGTON, July 21, 1862.
The following order has been received from the President of the United States:
Representations have been made to the President by the ministers of various foreign powers in amity with the United States that subjects of such powers have during the present insurrection been obliged or required by military authorities to take an oath of general or qualified allegiance to this government. It is the duty of all aliens residing in the United States to submit to and obey the laws and respect the authority of the government. For any proceeding or conduct inconsistent with this obligation and subversive of that authority they may rightfully be subjected to military restraints when this may be necessary. But they cannot be required to take an oath of allegiance to this government, because it conflicts with the duty they owe to their own sovereigns. All such obligations heretofore taken are therefore remitted and annulled. Military commanders will abstain from imposing similar obligations in future, and will in lieu thereof adopt such other restraints of the character indicated as they shall find necessary, convenient, and effectual for the public safety. It is further directed that whenever any order shall be made affecting the personal liberty of an alien reports of the same and of the causes thereof shall be made to the War Department for the consideration of the Department of State.
By order of the Secretary of War:
L. THOMAS, Adjutant-General.
ORDER AUTHORIZING EMPLOYMENT OF "CONTRABANDS."
WAR DEPARTMENT, July 22, 1862Ordered:
1. That military commanders within the States of Virginia, South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, Texas, and Arkansas in an orderly manner seize and use any property, real or personal, which may be necessary or convenient for their several commands as supplies or for other military purposes; and that while property may be destroyed for proper military objects, none shall be destroyed in wantonness or malice.
2. That military and naval commanders shall employ as laborers within and from said States so many persons of African descent as can be advantageously used for military or naval purposes, giving them reasonable wages for their labor.
3. That as to both property and persons of African descent accounts shall be kept sufficiently accurate and in detail to show quantities and amounts and from whom both property and such persons shall have come, as a basis upon which compensation can be made in proper cases; and the several departments of this government shall attend to and perform their appropriate parts toward the execution of these orders.
By order of the President: EDWIN M. STANTON, Secretary of War.
WARNING TO REBEL SYMPATHIZERS
PROCLAMATION, JULY 25, 1862THE PRESIDENT OF THE UNITED STATES OF AMERICA:
A Proclamation.
In pursuance of the sixth section of the act of Congress entitled "An act to suppress insurrection and to punish treason and rebellion, to seize and confiscate property of rebels, and for other purposes," approved July 17, 1862, and which act and the joint resolution explanatory thereof are herewith published, I, Abraham Lincoln, President of the United States, do hereby proclaim to and warn all persons within the contemplation of said sixth section to cease participating in, aiding, countenancing, or abetting the existing rebellion or any rebellion against the Government of the United States and to return to their proper allegiance to the United States, on pain of the forfeitures and seizures as within and by said sixth section provided.