A Compilation of the Messages and Papers of the Presidents. Volume 6, part 1: Abraham Lincoln
Part 14
The capture of New Orleans, Norfolk, and Corinth by the national forces has enabled the insurgents to concentrate a large force at and about Richmond, which place we must take with the least possible delay; in fact, there will soon be no formidable insurgent force except at Richmond. With so large an army there, the enemy can threaten us on the Potomac and elsewhere. Until we have reestablished the national authority, all these places must be held, and we must keep a respectable force in front of Washington. But this, from the diminished strength of our Army by sickness and casualties, renders an addition to it necessary in order to close the struggle which has been prosecuted for the last three months with energy and success. Rather than hazard the misapprehension of our military condition and of groundless alarm by a call for troops by proclamation, I have deemed it best to address you in this form. To accomplish the object stated we require without delay 150,000 men, including those recently called for by the Secretary of War. Thus reenforced our gallant Army will be enabled to realize the hopes and expectations of the Government and the people.
ABRAHAM LINCOLN.
JUNE 28, 1862.
The PRESIDENT:
The undersigned, governors of States of the Union, impressed with the belief that the citizens of the States which they respectively represent are of one accord in the hearty desire that the recent successes of the Federal arms may be followed up by measures which must insure the speedy restoration of the Union, and believing that, in view of the present state of the important military movements now in progress and the reduced condition of our effective forces in the field, resulting from the usual and unavoidable casualties in the service, the time has arrived for prompt and vigorous measures to be adopted by the people in support of the great interests committed to your charge, respectfully request, if it meets with your entire approval, that you at once call upon the several States for such number of men as may be required to fill up all military organizations now in the field, and add to the armies heretofore organized such additional number of men as may, in your judgment, be necessary to garrison and hold all the numerous cities and military positions that have been captured by our armies, and to speedily crush the rebellion that still exists in several of the Southern States, thus practically restoring to the civilized world our great and good Government. All believe that the decisive moment is near at hand, and to that end the people of the United States are desirous to aid promptly in furnishing all reenforcements that you may deem needful to sustain our Government.
ISRAEL WASHBURN, Jr., Governor of Maine; H.S. BERRY, Governor of New Hampshire; FREDERICK HOLBROOK, Governor of Vermont; WILLIAM A. BUCKINGHAM, Governor of Connecticut; E.D. MORGAN, Governor of New York; CHARLES S. OLDEN, Governor of New Jersey; A.G. CURTIN, Governor of Pennsylvania; A.W. BRADFORD, Governor of Maryland, F.H. PEIRPOINT, Governor of Virginia; AUSTIN BLAIR, Governor of Michigan; J.B. TEMPLE, President Military Board of Kentucky; ANDREW JOHNSON, Governor of Tennessee; H.R. GAMBLE, Governor of Missouri; O.P. MORTON, Governor of Indiana; DAVID TODD, Governor of Ohio; ALEXANDER RAMSEY, Governor of Minnesota; RICHARD YATES, Governor of Illinois; EDWARD SALOMON, Governor of Wisconsin.
EXECUTIVE MANSION,
_Washington, July 1, 1862_.
Gentlemen: Fully concurring in the wisdom of the views expressed to me in so patriotic a manner by you in the communication of the 28th day of June, I have decided to call into the service an additional force of 300,000 men. I suggest and recommend that the troops should be chiefly of infantry. The quota of your State would be ------. I trust that they may be enrolled without delay, so as to bring this unnecessary and injurious civil war to a speedy and satisfactory conclusion. An order fixing the quotas of the respective States will be issued by the War Department to-morrow.
ABRAHAM LINCOLN.
EXECUTIVE MANSION,
_Washington, July 11, 1862_.
_Ordered_, That Major-General Henry W. Halleck be assigned to command the whole land forces of the United States as General in Chief, and that he repair to this capital as soon as he can with safety to the positions and operations within the department under his charge.
A. LINCOLN.
Whereas, in the judgment of the President, the public safety does require that the railroad line called and known as the Southwest Branch of the Pacific Railroad in the State of Missouri be repaired, extended, and completed from Rolla to Lebanon, in the direction to Springfield, in the said State, the same being necessary to the successful and economical conduct of the war and to the maintenance of the authority of the Government in the Southwest:
Therefore, under and in virtue of the act of Congress entitled "An act to authorize the President of the United States in certain cases to take possession of railroad and telegraph lines, and for other purposes," approved January 31, 1862, it is--
_Ordered_, That the portion of the said railroad line which reaches from Rolla to Lebanon be repaired, extended, and completed, so as to be made available for the military uses of the Government, as speedily as may be. And inasmuch as, upon the part of the said line from Rolla to the stream called Little Piney a considerable portion of the necessary work has already been done by the railroad company, and the road to this extent may be completed at comparatively small cost, it is ordered that the said line from Rolla to and across Little Piney be first completed, and as soon as possible.
The Secretary of War is charged with the execution of this order. And to facilitate the speedy execution of the work, he is directed, at his discretion, to take possession and control of the whole or such part of the said railroad line, and the whole or such part of the rolling stock, offices, shops, buildings, and all their appendages and appurtenances, as he may judge necessary or convenient for the early completion of the road from Rolla to Lebanon.
Done at the city of Washington, July 11, 1862.
ABRAHAM LINCOLN.
GENERAL ORDERS, No. 82.
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 can not 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_.
WAR DEPARTMENT, _July 22, 1862_.
1. _Ordered_, 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_.
GENERAL ORDERS, No. 89.
WAR DEPARTMENT,
ADJUTANT-GENERAL'S OFFICE,
_Washington, July 25, 1862_.
I. The following order of the President of the United States communicates information of the death of ex-President Martin Van Buren:
WASHINGTON, _July 25, 1862_.
The President with deep regret announces to the people of the United States the decease, at Kinderhook, N.Y., on the 24th instant, of his honored predecessor Martin Van Buren.
This event will occasion mourning in the nation for the loss of a citizen and a public servant whose memory will be gratefully cherished. Although it has occurred at a time when his country is afflicted with division and civil war, the grief of his patriotic friends will measurably be assuaged by the consciousness that while suffering with disease and seeing his end approaching his prayers were for the restoration of the authority of the Government of which he had been the head and for peace and good will among his fellow-citizens.
As a mark of respect for his memory, it is ordered that the Executive Mansion and the several Executive Departments, except those of War and the Navy, be immediately placed in mourning and all business be suspended during to-morrow.
It is further ordered that the War and Navy Departments cause suitable military and naval honors to be paid on this occasion to the memory of the illustrious dead.
ABRAHAM LINCOLN.
II. On the day after the receipt of this order the troops will be paraded at 10 o'clock a.m. and the order read to them. The national flag will be displayed at half-staff. At dawn of day thirteen guns will be fired, and afterwards at intervals of thirty minutes between rising and setting sun a single gun, and at the close of the day a national salute of thirty-four guns. The officers of the Army will wear crape on the left arm and on their swords and the colors of the several regiments will be put in mourning for the period of six months.
By order of the Secretary of War:
L. THOMAS,
_Adjutant-General_.
GENERAL ORDER.
NAVY DEPARTMENT, _July 25, 1862_.
The death of ex-President Martin Van Buren is announced in the following order of the President of the United States:
[For order see preceding page.]
In pursuance of the foregoing order, it is hereby directed that thirty minute guns, commencing at noon, be fired on the day after the receipt of this general order at the navy-yards, naval stations, and on board the vessels of the Navy in commission; that their flags be displayed at half-mast for one week, and that crape be worn on the left arm by all officers of the Navy for a period of six months.
GIDEON WELLES,
_Secretary of the Navy_.
WAR DEPARTMENT,
_Washington City, D.C., July 31, 1862_.
The absence of officers and privates from their duty under various pretexts while receiving pay, at great expense and burden to the Government, makes it necessary that efficient measures be taken to enforce their return to duty or that their places be supplied by those who will not take pay while rendering no service. This evil, moreover, tends greatly to discourage the patriotic impulses of those who would contribute to support the families of faithful soldiers.
It is therefore ordered by the President--
I. That on Monday, the 11th day of August, all leaves of absence and furloughs, by whomsoever given, unless by the War Department, are revoked and absolutely annulled, and all officers capable of service are required forthwith to join their respective commands and all privates capable of service to join their regiments, under penalty of a dismissal from the service, or such penalty as a court-martial may award, unless the absence be occasioned by lawful cause.
II. The only excuses allowed for the absence of officers or privates after the 11th day of August are:
First. The order or leave of the War Department.
Second. Disability from wounds received in service.
Third. Disability from disease that renders the party unfit for military duty. But any officer or private whose health permits him to visit watering places or places of amusement, or to make social visits or walk about the town, city, or neighborhood in which he may be, will be considered fit for military duty and as evading duty by absence from his command or ranks.
III. On Monday, the 18th day of August, at 10 o'clock a.m., each regiment and corps shall be mustered. The absentees will be marked, three lists of the same made out, and within forty-eight hours after the muster one copy shall be sent to the Adjutant-General of the Army, one to the commander of the corps, the third to be retained; and all officers and privates fit for duty absent at that time will be regarded as absent without cause, their pay will be stopped, and they dismissed from the service or treated as deserters unless restored; and no officer shall be restored to his rank unless by the judgment of a court of inquiry, to be approved by the President, he shall establish that his absence was with good cause.
IV. Commanders of corps, divisions, brigades, regiments, and detached posts are strictly enjoined to enforce the muster and return aforesaid. Any officer failing in his duty herein will be deemed guilty of gross neglect of duty and be dismissed from the service.
V. A commissioner shall be appointed by the Secretary of War to superintend the execution of this order in the respective States.
The United States marshals in the respective districts, the mayor and chief of police of any town or city, the sheriff of the respective counties in each State, all postmasters and justices of the peace, are authorized to act as special provost-marshals to arrest any officer or private soldier fit for duty who may be found absent from his command without just cause and convey him to the nearest military post or depot. The transportation, reasonable expenses of this duty, and $5 will be paid for each officer or private so arrested and delivered.
By order of the President:
E.M. STANTON,
_Secretary of War_.
WAR DEPARTMENT,
_Washington City, D.C., August 4, 1862_.
_Ordered_, I. That a draft of 300,000 militia be immediately called into the service of the United States, to serve for nine months unless sooner discharged. The Secretary of War will assign the quotas to the States and establish regulations for the draft.
II. That if any State shall not by the 15th of August furnish its quota of the additional 300,000 volunteers authorized by law the deficiency of volunteers in that State will also be made up by special draft from the militia. The Secretary of War will establish regulations for this purpose.
III. Regulations will be prepared by the War Department and presented to the President with the object of securing the promotion of officers of the Army and Volunteers for meritorious and distinguished services and of preventing the nomination or appointment in the military service of incompetent or unworthy officers. The regulations will also provide for ridding the service of such incompetent persons as now hold commissions in it.
By order of the President:
EDWIN M. STANTON,
_Secretary of War_.
WAR DEPARTMENT,
_Washington, D.C., August 8, 1862_.
By direction of the President of the United States, it is hereby ordered that until further order no citizen liable to be drafted into the militia shall be allowed to go to a foreign country. And all marshals, deputy marshals, and military officers of the United States are directed, and all police authorities, especially at the ports of the United States on the seaboard and on the frontier, are requested, to see that this order is faithfully carried into effect. And they are hereby authorized and directed to arrest and detain any person or persons about to depart from the United States in violation of this order, and report to Major L.C. Turner, judge-advocate at Washington City, for further instructions respecting the person or persons so arrested or detained.
II. Any person liable to draft who shall absent himself from his county or State before such draft is made will be arrested by any provost-marshal or other United States or State officer, wherever he may be found within the jurisdiction of the United States, and be conveyed to the nearest military post or depot and placed on military duty for the term of the draft; and the expenses of his own arrest and conveyance to such post or depot, and also the sum of $5, as a reward to the officer who shall make such arrest, shall be deducted from his pay.
III. The writ of _habeas corpus_ is hereby suspended in respect to all persons so arrested and detained, and in respect to all persons arrested for disloyal practices.
EDWIN M. STANTON,
_Secretary of War_.
WAR DEPARTMENT,
_Washington City, D.C., August 14, 1862_.
ORDER RESPECTING VOLUNTEERS AND MILITIA.
_Ordered_, first. That after the 15th of this month bounty and advanced pay shall not be paid to volunteers for any new regiments, but only to volunteers for regiments now in the field and volunteers to fill up new regiments now organizing, but not yet full.
Second. Volunteers to fill up new regiments now organizing will be received and paid the bounty and advanced pay until the 22d day of this month, and if not completed by that time the incomplete regiments will be consolidated and superfluous officers mustered out.
Third. Volunteers to fill up the old regiments will be received and paid the bounty and advanced pay until the 1st day of September.
Fourth. The draft for 300,000 militia called for by the President will be made on Wednesday, the 3d day of September, between the hours of 9 a.m. and 5 p.m., and continue from day to day between the same hours until completed.
Fifth. If the old regiments should not be filled up by volunteers before the 1st day of September, a special draft will be ordered for the deficiency.
Sixth. The exigencies of the service require that officers now in the field should remain with their commands, and no officer now in the field in the regular or volunteer service will under any circumstances be detailed to accept a new command.
By order of the President:
EDWIN M. STANTON,
_Secretary of War_.
SPECIAL ORDERS, No. 218.
HEADQUARTERS OF THE ARMY,
ADJUTANT-GENERAL'S OFFICE,
_Washington, September 2, 1862_.
* * * * *
By direction of the President, all the clerks and employees of the civil Departments and all the employees on the public buildings in Washington will be immediately organized into companies, under the direction of Brigadier-General Wadsworth, and will be armed and supplied with ammunition, for the defense of the capital.
By command of Major-General Halleck:
F.D. TOWNSEND,
_Assistant Adjutant-General_.
EXECUTIVE ORDER ESTABLISHING A PROVISIONAL COURT IN LOUISIANA.
EXECUTIVE MANSION,
_Washington City, October 20, 1862_.
The insurrection which has for some time prevailed in several of the States of this Union, including Louisiana, having temporarily subverted and swept away the civil institutions of that State, including the judiciary and the judicial authorities of the Union, so that it has become necessary to hold the State in military occupation, and it being indispensably necessary that there shall be some judicial tribunal existing there capable of administering justice, I have therefore thought it proper to appoint, and I do hereby constitute, a provisional court, which shall be a court of record, for the State of Louisiana; and I do hereby appoint Charles A. Peabody, of New York, to be a provisional judge to hold said court, with authority to hear, try, and determine all causes, civil and criminal, including causes in law, equity, revenue, and admiralty, and particularly all such powers and jurisdiction as belong to the district and circuit courts of the United States, conforming his proceedings so far as possible to the course of proceedings and practice which has been customary in the courts of the United States and Louisiana, his judgment to be final and conclusive. And I do hereby authorize and empower the said judge to make and establish such rules and regulations as may be necessary for the exercise of his jurisdiction, and empower the said judge to appoint a prosecuting attorney, marshal, and clerk of the said court, who shall perform the functions of attorney, marshal, and clerk according to such proceedings and practice as before mentioned and such rules and regulations as may be made and established by said judge. These appointments are to continue during the pleasure of the President, not extending beyond the military occupation of the city of New Orleans or the restoration of the civil authority in that city and in the State of Louisiana. These officers shall be paid, out of the contingent fund of the War Department, compensation as follows: The judge at the rate of $3,500 per annum; the prosecuting attorney, including the fees, at the rate of $3,000 per annum; the marshal, including the fees, at the rate of $3,000 per annum; and the clerk, including the fees, at the rate of $2,500 per annum; such compensations to be certified by the Secretary of War. A copy of this order, certified by the Secretary of War and delivered to such judge, shall be deemed and held to be a sufficient commission.
ABRAHAM LINCOLN,
_President of the United States_.
EXECUTIVE MANSION,
_Washington, October 29, 1862_.
Two associate justices of the Supreme Court of the United States having been appointed since the last adjournment of said court, and consequently no allotment of the members of said court to the several circuits having been made by them, according to the fifth section of the act of Congress entitled "An act to amend the judicial system of the United States," approved April 29, 1802, I, Abraham Lincoln, President of the United States, in virtue of said section, do make an allotment of the justices of said court to the circuits now existing by law, as follows:
For the first circuit: Nathan Clifford, associate justice.
For the second circuit: Samuel Nelson, associate justice.
For the third circuit: Robert C. Grier, associate justice.
For the fourth circuit: Roger B. Taney, Chief Justice.
For the fifth circuit: James M. Wayne, associate justice.
For the sixth circuit: John Catron, associate justice.
For the seventh circuit: Noah H. Swayne, associate justice.
For the eighth circuit: David Davis, associate justice.
For the ninth circuit: Samuel F. Miller, associate justice.
ABRAHAM LINCOLN.
EXECUTIVE MANSION,
_Washington, November 5, 1862_.