Part 1

A COMPILATION OF THE MESSAGES AND PAPERS OF THE PRESIDENTS

BY JAMES D. RICHARDSON

A REPRESENTATIVE FROM THE STATE OF TENNESSEE

VOLUME VI

PUBLISHED BY AUTHORITY OF CONGRESS

1902

Prefatory Note

The Presidential papers during the period from March 4, 1861, to March 4, 1869, are contained in this volume. No other period of American history since the Revolution comprises so many events of surpassing importance. The Administrations of Presidents Lincoln, and Johnson represent two distinct epochs. That of Abraham Lincoln was dedicated to the successful prosecution of the most stupendous war of modern times, while that of Andrew Johnson was dedicated to the reestablishment of peace and the restoration of the Union as it had existed prior to the war. Strange to say, it fell to the lot of the kind-hearted humanitarian, who loved peace and his fellow-man, to wage the bloody conflict of civil war, and the more aggressive, combative character directed the affairs of the Government while the land took upon itself the conditions of peace. Yet who can say that each was not best suited for his particular sphere of action? A greater lover of his kind has not filled the office of President since Thomas Jefferson, and no public servant ever left with the people a gentler memory than Abraham Lincoln. A more self-willed and determined Chief Executive has not held that office since Andrew Jackson, and no public servant ever left with the people a higher character for honesty, integrity, and sincerity of purpose and action than Andrew Johnson. The life of each of these two great men had been a series of obscure but heroic struggles; each had experienced a varied and checkered career; each reached the highest political station of earth. Their official state papers are of supreme interest, and comprise the utterances of President Lincoln while he in four years placed in the field nearly three millions of soldiers; what he said when victories were won or when his armies went down in defeat; what treasures of blood and money it cost to triumph; also, the utterances of President Johnson as he through his eventful term waged the fiercest political battle of our country's history in his efforts, along his own lines, for the restoration of peace and the reunion of the States.

Interesting papers relating to the death and funeral obsequies of President Lincoln have been inserted, as also the more important papers and proceedings connected with the impeachment of President Johnson.

Much time and labor have been expended in the compilation of this volume--more than on any one of the preceding--to the end that all papers of importance that could be found should be published; and I feel sure that no other collection of Presidential papers is so thorough and complete.

The perusal of these papers should kindle within the heart of every citizen of the American Republic, whether he fought on the one side or the other in that unparalleled struggle, or whether he has come upon the scene since its closing, a greater love of country, a greater devotion to the cause of true liberty, and an undying resolve that all the blessings of a free government and the fullest liberty of the individual shall be perpetuated.

JAMES D. RICHARDSON.

NOVEMBER 25, 1897.

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Abraham Lincoln

March 4, 1861, to April 15, 1865

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Abraham Lincoln

ABRAHAM LINCOLN was born in Hardin County, Ky., February 12, 1809. His earliest ancestor in America was Samuel Lincoln, of Norwich, England, who settled in Hingham, Mass., where he died, leaving a son, Mordecai, whose son of the same name removed to Monmouth, N.J., and thence to Berks County, Pa., where he died in 1735. One of his sons, John, removed to Buckingham County, Va., and died there, leaving five sons, one of whom, named Abraham, emigrated to Kentucky about 1780. About 1784 he was killed by Indians, leaving three sons, Mordecai, Josiah, and Thomas, and two daughters. Their mother then located in Washington County, Ky., and there brought up her family. The youngest son, Thomas, learned the trade of a carpenter, and in 1806 married Nancy Hanks, a niece of the man with whom he learned his trade. They had three children, the second being Abraham, the future President of the United States. In 1816 Thomas Lincoln removed to Indiana, and settled on Little Pigeon Creek, not far distant from the Ohio River, where Abraham grew to manhood. He made the best use of his limited opportunities to acquire an education and at the same time prepare himself for business. At the age of 19 years he was intrusted with a cargo of farm products, which he took to New Orleans and sold. In 1830 his father again emigrated, and located in Macon County, Ill. Abraham by this time had attained the unusual stature of 6 feet 4 inches, and was of great muscular strength; joined with his father in building his cabin, clearing the field, and splitting the rails for fencing the farm. It was not long, however, before his father again changed his home, locating this time in Coles County, where he died in 1851 at the age of 73 years. Abraham left his father as soon as his farm was fenced and cleared and hired himself to a man named Denton Offutt, in Sangamon County, whom he assisted to build a flatboat; accompanied him to New Orleans on a trading voyage and returned with him to New Salem, Menard County, where Offutt opened a store for the sale of general merchandise. Mr. Lincoln remained with him for a time, during which he employed his leisure in constant reading and study. Learned the elements of English grammar and made a beginning in the study of surveying and the principles of law. But the next year an Indian war began, and Lincoln volunteered in a company raised in Sangamon County and was immediately elected captain. His company was organized at Richland April 21, 1832; but his service in command of it was brief, for it was mustered out on May 27. Mr. Lincoln immediately reenlisted as a private and served for several weeks, being finally mustered out on June 16, 1832, by Lieutenant Robert Anderson, who afterwards commanded Fort Sumter at the beginning of the civil war. He returned to his home and made a brief but active canvass for the legislature, but was defeated. At this time he thought seriously of learning the blacksmith's trade, but an opportunity was offered him to buy a store, which he did, giving his notes for the purchase money. He was unfortunate in his selection of a partner, and the business soon went to wreck, leaving him burdened with a heavy debt, which he finally paid in full. He then applied himself earnestly to the study of the law. Was appointed postmaster of New Salem in 1833, and filled the office for three years. At the same time was appointed deputy county surveyor. In 1834 was elected to the legislature, and was reelected in 1836, 1838, and 1840, after which he declined further election. In his last two terms he was the candidate of his party for the speakership of the house of representatives. In 1837 removed to Springfield, where he entered into partnership with John T. Stuart and began the practice of the law. November 4, 1842, married Miss Mary Todd, daughter of Robert S. Todd, of Kentucky. In 1846 was elected to Congress over Rev. Peter Cartwright. Served only one term, and was not a candidate for reelection. While a member he advocated the abolition of slavery in the District of Columbia. Was an unsuccessful applicant for Commissioner of the General Land Office under President Taylor; was tendered the office of governor of Oregon Territory, which he declined. Was an able and influential exponent of the principles of the Whig party in Illinois, and did active campaign work. Was voted for by the Whig minority in the State legislature for United States Senator in 1855. As soon as the Republican party was fully organized throughout the country he became its leader in Illinois. In 1858 he was chosen by his party to oppose Stephen A. Douglas for the Senate, and challenged him to a joint debate. The challenge was accepted, and a most exciting debate followed, which attracted national attention. The legislature chosen was favorable to Mr. Douglas, and he was elected. In May, 1860, when the Republican convention met in Chicago, Mr. Lincoln was nominated for the Presidency, on the third ballot, over William H. Seward, who was his principal competitor. Was elected on November 6, receiving 180 electoral votes to 72 for John C. Breckinridge, 39 for John Bell, and 12 for Stephen A. Douglas. Was inaugurated March 4, 1861. On June 8, 1864, was unanimously renominated for the Presidency by the Republican convention at Baltimore, and at the election in November received 212 electoral votes to 21 for General McClellan. Was inaugurated for his second term March 4, 1865. Was shot by an assassin at Ford's Theater, in Washington, April 14, 1865, and died the next day. Was buried at Oak Ridge, near Springfield, Ill.

FIRST INAUGURAL ADDRESS.

_Fellow-Citizens of the United States_:

In compliance with a custom as old as the Government itself, I appear before you to address you briefly and to take in your presence the oath prescribed by the Constitution of the United States to be taken by the President "before he enters on the execution of his office."

I do not consider it necessary at present for me to discuss those matters of administration about which there is no special anxiety or excitement.

Apprehension seems to exist among the people of the Southern States that by the accession of a Republican Administration their property and their peace and personal security are to be endangered. There has never been any reasonable cause for such apprehension. Indeed, the most ample evidence to the contrary has all the while existed and been open to their inspection. It is found in nearly all the published speeches of him who now addresses you. I do but quote from one of those speeches when I declare that--

I have no purpose, directly or indirectly, to interfere with the institution of slavery in the States where it exists. I believe I have no lawful right to do so, and I have no inclination to do so.

Those who nominated and elected me did so with full knowledge that I had made this and many similar declarations and had never recanted them; and more than this, they placed in the platform for my acceptance, and as a law to themselves and to me, the clear and emphatic resolution which I now read:

_Resolved_, That the maintenance inviolate of the rights of the States, and especially the right of each State to order and control its own domestic institutions according to its own judgment exclusively, is essential to that balance of power on which the perfection and endurance of our political fabric depend; and we denounce the lawless invasion by armed force of the soil of any State or Territory, no matter under what pretext, as among the gravest of crimes.

I now reiterate these sentiments, and in doing so I only press upon the public attention the most conclusive evidence of which the case is susceptible that the property, peace, and security of no section are to be in any wise endangered by the now incoming Administration. I add, too, that all the protection which, consistently with the Constitution and the laws, can be given will be cheerfully given to all the States when lawfully demanded, for whatever cause--as cheerfully to one section as to another.

There is much controversy about the delivering up of fugitives from service or labor. The clause I now read is as plainly written in the Constitution as any other of its provisions:

No person held to service or labor in one State, under the laws thereof, escaping into another, shall in consequence of any law or regulation therein be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due.

It is scarcely questioned that this provision was intended by those who made it for the reclaiming of what we call fugitive slaves; and the intention of the lawgiver is the law. All members of Congress swear their support to the whole Constitution--to this provision as much as to any other. To the proposition, then, that slaves whose cases come within the terms of this clause "shall be delivered up" their oaths are unanimous. Now, if they would make the effort in good temper, could they not with nearly equal unanimity frame and pass a law by means of which to keep good that unanimous oath?

There is some difference of opinion whether this clause should be enforced by national or by State authority, but surely that difference is not a very material one. If the slave is to be surrendered, it can be of but little consequence to him or to others by which authority it is done. And should anyone in any case be content that his oath shall go unkept on a merely unsubstantial controversy as to _how_ it shall be kept?

Again: In any law upon this subject ought not all the safeguards of liberty known in civilized and humane jurisprudence to be introduced, so that a free man be not in any case surrendered as a slave? And might it not be well at the same time to provide by law for the enforcement of that clause in the Constitution which guarantees that "the citizens of each State shall be entitled to all privileges and immunities of citizens in the several States"?

I take the official oath to-day with no mental reservations and with no purpose to construe the Constitution or laws by any hypercritical rules; and while I do not choose now to specify particular acts of Congress as proper to be enforced, I do suggest that it will be much safer for all, both in official and private stations, to conform to and abide by all those acts which stand unrepealed than to violate any of them trusting to find impunity in having them held to be unconstitutional.

It is seventy-two years since the first inauguration of a President under our National Constitution. During that period fifteen different and greatly distinguished citizens have in succession administered the executive branch of the Government. They have conducted it through many perils, and generally with great success. Yet, with all this scope of precedent, I now enter upon the same task for the brief constitutional term of four years under great and peculiar difficulty. A disruption of the Federal Union, heretofore only menaced, is now formidably attempted.

I hold that in contemplation of universal law and of the Constitution the Union of these States is perpetual. Perpetuity is implied, if not expressed, in the fundamental law of all national governments. It is safe to assert that no government proper ever had a provision in its organic law for its own termination. Continue to execute all the express provisions of our National Constitution, and the Union will endure forever, it being impossible to destroy it except by some action not provided for in the instrument itself.

Again: If the United States be not a government proper, but an association of States in the nature of contract merely, can it, as a contract, be peaceably unmade by less than all the parties who made it? One party to a contract may violate it--break it, so to speak--but does it not require all to lawfully rescind it?

Descending from these general principles, we find the proposition that in legal contemplation the Union is perpetual confirmed by the history of the Union itself. The Union is much older than the Constitution. It was formed, in fact, by the Articles of Association in 1774. It was matured and continued by the Declaration of Independence in 1776. It was further matured, and the faith of all the then thirteen States expressly plighted and engaged that it should be perpetual, by the Articles of Confederation in 1778. And finally, in 1787, one of the declared objects for ordaining and establishing the Constitution was "_to form a more perfect Union_."

But if destruction of the Union by one or by a part only of the States be lawfully possible, the Union is _less_ perfect than before the Constitution, having lost the vital element of perpetuity.

It follows from these views that no State upon its own mere motion can lawfully get out of the Union; that _resolves_ and _ordinances_ to that effect are legally void, and that acts of violence within any State or States against the authority of the United States are insurrectionary or revolutionary, according to circumstances.

I therefore consider that in view of the Constitution and the laws the Union is unbroken, and to the extent of my ability I shall take care, as the Constitution itself expressly enjoins upon me, that the laws of the Union be faithfully executed in all the States. Doing this I deem to be only a simple duty on my part, and I shall perform it so far as practicable unless my rightful masters, the American people, shall withhold the requisite means or in some authoritative manner direct the contrary. I trust this will not be regarded as a menace, but only as the declared purpose of the Union that it _will_ constitutionally defend and maintain itself.

In doing this there needs to be no bloodshed or violence, and there shall be none unless it be forced upon the national authority. The power confided to me will be used to hold, occupy, and possess the property and places belonging to the Government and to collect the duties and imposts; but beyond what may be necessary for these objects, there will be no invasion, no using of force against or among the people anywhere. Where hostility to the United States in any interior locality shall be so great and universal as to prevent competent resident citizens from holding the Federal offices, there will be no attempt to force obnoxious strangers among the people for that object. While the strict legal right may exist in the Government to enforce the exercise of these offices, the attempt to do so would be so irritating and so nearly impracticable withal that I deem it better to forego for the time the uses of such offices.

The mails, unless repelled, will continue to be furnished in all parts of the Union. So far as possible the people everywhere shall have that sense of perfect security which is most favorable to calm thought and reflection. The course here indicated will be followed unless current events and experience shall show a modification or change to be proper, and in every case and exigency my best discretion will be exercised, according to circumstances actually existing and with a view and a hope of a peaceful solution of the national troubles and the restoration of fraternal sympathies and affections.

That there are persons in one section or another who seek to destroy the Union at all events and are glad of any pretext to do it I will neither affirm nor deny; but if there be such, I need address no word to them. To those, however, who really love the Union may I not speak?

Before entering upon so grave a matter as the destruction of our national fabric, with all its benefits, its memories, and its hopes, would it not be wise to ascertain precisely why we do it? Will you hazard so desperate a step while there is any possibility that any portion of the ills you fly from have no real existence? Will you, while the certain ills you fly to are greater than all the real ones you fly from, will you risk the commission of so fearful a mistake?

All profess to be content in the Union if all constitutional rights can be maintained. Is it true, then, that any right plainly written in the Constitution has been denied? I think not. Happily, the human mind is so constituted that no party can reach to the audacity of doing this. Think, if you can, of a single instance in which a plainly written provision of the Constitution has ever been denied. If by the mere force of numbers a majority should deprive a minority of any clearly written constitutional right, it might in a moral point of view justify revolution; certainly would if such right were a vital one. But such is not our case. All the vital rights of minorities and of individuals are so plainly assured to them by affirmations and negations, guaranties and prohibitions, in the Constitution that controversies never arise concerning them. But no organic law can ever be framed with a provision specifically applicable to every question which may occur in practical administration. No foresight can anticipate nor any document of reasonable length contain express provisions for all possible questions. Shall fugitives from labor be surrendered by national or by State authority? The Constitution does not expressly say. _May_ Congress prohibit slavery in the Territories? The Constitution does not expressly say. _Must_ Congress protect slavery in the Territories? The Constitution does not expressly say.

From questions of this class spring all our constitutional controversies, and we divide upon them into majorities and minorities. If the minority will not acquiesce, the majority must, or the Government must cease. There is no other alternative, for continuing the Government is acquiescence on one side or the other. If a minority in such case will secede rather than acquiesce, they make a precedent which in turn will divide and ruin them, for a minority of their own will secede from them whenever a majority refuses to be controlled by such minority. For instance, why may not any portion of a new confederacy a year or two hence arbitrarily secede again, precisely as portions of the present Union now claim to secede from it? All who cherish disunion sentiments are now being educated to the exact temper of doing this.

Is there such perfect identity of interests among the States to compose a new union as to produce harmony only and prevent renewed secession?

Plainly the central idea of secession is the essence of anarchy. A majority held in restraint by constitutional checks and limitations, and always changing easily with deliberate changes of popular opinions and sentiments, is the only true sovereign of a free people. Whoever rejects it does of necessity fly to anarchy or to despotism. Unanimity is impossible. The rule of a minority, as a permanent arrangement, is wholly inadmissible; so that, rejecting the majority principle, anarchy or despotism in some form is all that is left.

I do not forget the position assumed by some that constitutional questions are to be decided by the Supreme Court, nor do I deny that such decisions must be binding in any case upon the parties to a suit as to the object of that suit, while they are also entitled to very high respect and consideration in all parallel cases by all other departments of the Government. And while it is obviously possible that such decision may be erroneous in any given case, still the evil effect following it, being limited to that particular case, with the chance that it may be overruled and never become a precedent for other cases, can better be borne than could the evils of a different practice. At the same time, the candid citizen must confess that if the policy of the Government upon vital questions affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made in ordinary litigation between parties in personal actions the people will have ceased to be their own rulers, having to that extent practically resigned their Government into the hands of that eminent tribunal. Nor is there in this view any assault upon the court or the judges. It is a duty from which they may not shrink to decide cases properly brought before them, and it is no fault of theirs if others seek to turn their decisions to political purposes.