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A Compilation of the Messages and Papers of the Presidents Volume 6, part 2: Andrew Johnson online

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the constitution and laws of the State of South Carolina in force
immediately before the 17th day of November, A.D. 1860, the date of
the so-called ordinance of secession; and the said convention, when
convened, or the legislature that may be thereafter assembled, will
prescribe the qualification of electors and the eligibility of persons
to hold office under the constitution and laws of the State - a power the
people of the several States composing the Federal Union have rightfully
exercised from the origin of the Government to the present time.

And I do hereby direct -

First. That the military commander of the department and all officers
and persons in the military and naval service aid and assist the said
provisional governor in carrying into effect this proclamation; and they
are enjoined to abstain from in any way hindering, impeding, or
discouraging the loyal people from the organization of a State
government as herein authorized.

Second. That the Secretary of State proceed to put in force all laws
of the United States the administration whereof belongs to the State
Department applicable to the geographical limits aforesaid.

Third. That the Secretary of the Treasury proceed to nominate for
appointment assessors of taxes and collectors of customs and internal
revenue and such other officers of the Treasury Department as are
authorized by law and put in execution the revenue laws of the United
States within the geographical limits aforesaid. In making appointments
the preference shall be given to qualified loyal persons residing within
the districts where their respective duties are to be performed; but if
suitable residents of the districts shall not be found, then persons
residing in other States or districts shall be appointed.

Fourth. That the Postmaster-General proceed to establish post-offices
and post routes and put into execution the postal laws of the United
States within the said State, giving to loyal residents the preference
of appointment; but if suitable residents are not found, then to appoint
agents, etc., from other States.

Fifth. That the district judge for the judicial district in which
South Carolina is included proceed to hold courts within said
State in accordance with the provisions of the act of Congress. The
Attorney-General will instruct the proper officers to libel and bring to
judgment, confiscation, and sale property subject to confiscation and
enforce the administration of justice within said State in all matters
within the cognizance and jurisdiction of the Federal courts.

Sixth. That the Secretary of the Navy take possession of all public
property belonging to the Navy Department within said geographical
limits and put in operation all acts of Congress in relation to naval
affairs having application to the said State.

Seventh. That the Secretary of the Interior put in force the laws
relating to the Interior Department applicable to the geographical
limits aforesaid.

[SEAL.]

In testimony 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 30th day of June, A.D. 1865, and
of the Independence of the United States the eighty-ninth.

ANDREW JOHNSON.

By the President:
WILLIAM H. SEWARD,
_Secretary of State_.



BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas the fourth section of the fourth article of the Constitution of
the United States declares that the United Stales shall guarantee to
every State in the Union a republican form of government and shall
protect each of them against invasion and domestic violence; and

Whereas the President of the United States is by the Constitution made
Commander in Chief of the Army and Navy, as well as chief civil
executive officer of the United States, and is bound by solemn oath
faithfully to execute the office of President of the United States and
to take care that the laws be faithfully executed; and

Whereas the rebellion which has been waged by a portion of the people of
the United States against the properly constituted authorities of the
Government thereof in the most violent and revolting form, but whose
organized and armed forces have now been almost entirely overcome, has
in its revolutionary progress deprived the people of the State of
Florida of all civil government; and

Whereas it becomes necessary and proper to carry out and enforce the
obligations of the United States to the people of Florida in securing
them in the enjoyment of a republican form of government:

Now, therefore, in obedience to the high and solemn duties imposed upon
me by the Constitution of the United States and for the purpose of
enabling the loyal people of said State to organize a State government
whereby justice may be established, domestic tranquillity insured, and
loyal citizens protected in all their rights of life, liberty, and
property, I, Andrew Johnson, President of the United States and
Commander in Chief of the Army and Navy of the United States, do hereby
appoint William Marvin provisional governor of the State of Florida,
whose duty it shall be, at the earliest practicable period, to prescribe
such rules and regulations as may be necessary and proper for convening
a convention composed of delegates to be chosen by that portion of the
people of said State who are loyal to the United States, and no others,
for the purpose of altering or amending the constitution thereof, and
with authority to exercise within the limits of said State all the
powers necessary and proper to enable such loyal people of the State of
Florida to restore said State to its constitutional relations to the
Federal Government and to present such a republican form of State
government as will entitle the State to the guaranty of the United
States therefor and its people to protection by the United States
against invasion, insurrection, and domestic violence: _Provided_,
That in any election that may be hereafter held for choosing delegates
to any State convention as aforesaid no person shall be qualified as an
elector or shall be eligible as a member of such convention unless he
shall have previously taken and subscribed the oath of amnesty as set
forth in the President's proclamation of May 29, A.D. 1865, and is a
voter qualified as prescribed by the constitution and laws of the State
of Florida in force immediately before the 10th day of January, A.D.
1861, the date of the so-called ordinance of secession; and the said
convention, when convened, or the legislature that may be thereafter
assembled, will prescribe the qualification of electors and the
eligibility of persons to hold office under the constitution and laws of
the State - a power the people of the several States composing the
Federal Union have rightfully exercised from the origin of the
Government to the present time.

And I do hereby direct -

First. That the military commander of the department and all officers
and persons in the military and naval service aid and assist the said
provisional governor in carrying into effect this proclamation; and they
are enjoined to abstain from in any way hindering, impeding, or
discouraging the loyal people from the organization of a State
government as herein authorized.

Second. That the Secretary of State proceed to put in force all laws of
the United States the administration whereof belongs to the State
Department applicable to the geographical limits aforesaid.

Third. That the Secretary of the Treasury proceed to nominate for
appointment assessors of taxes and collectors of customs and internal
revenue and such other officers of the Treasury Department as are
authorized by law and put in execution the revenue laws of the United
States within the geographical limits aforesaid. In making appointments
the preference shall be given to qualified loyal persons residing within
the districts where their respective duties are to be performed; but if
suitable residents of the districts shall not be found, then persons
residing in other States or districts shall be appointed.

Fourth. That the Postmaster-General proceed to establish post-offices
and post routes and put into execution the postal laws of the United
States within the said State, giving to loyal residents the preference
of appointment; but if suitable residents are not found, then to appoint
agents, etc., from other States.

Fifth. That the district judge for the judicial district in which
Florida is included proceed to hold courts within said State in
accordance with the provisions of the act of Congress. The
Attorney-General will instruct the proper officers to libel and bring to
judgment, confiscation, and sale property subject to confiscation and
enforce the administration of justice within said State in all matters
within the cognizance and jurisdiction of the Federal courts.

Sixth. That the Secretary of the Navy take possession of all public
property belonging to the Navy Department within said geographical
limits and put in operation all acts of Congress in relation to naval
affairs having application to the said State.

Seventh. That the Secretary of the Interior put in force the laws
relating to the Interior Department applicable to the geographical
limits aforesaid.

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

[SEAL.]

Done at the city of Washington, this 13th day of July, A.D. 1865, and of
the Independence of the United States the ninetieth.

ANDREW JOHNSON.

By the President:
WILLIAM H. SEWARD,
_Secretary of State_.



BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas by my proclamations of the 13th and 24th of June, 1865, removing
restrictions, in part, upon internal, domestic, and coastwise
intercourse and trade with those States recently declared in
insurrection, certain articles were excepted from the effect of said
proclamations as contraband of war; and

Whereas the necessity for restricting trade in said articles has now in
a great measure ceased:

It is hereby ordered that on and after the 1st day of September, 1865.
all restrictions aforesaid be removed, so that the articles declared by
the said proclamations to be contraband of war may be imported into and
sold in said States, subject only to such regulations as the Secretary
of the Treasury may prescribe.

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

[SEAL.]

Done at the city of Washington, this 20th day of August, A.D. 1865, and
of the Independence of the United States of America the ninetieth.

ANDREW JOHNSON.

By the President:
WILLIAM H. SEWARD,
_Secretary of State_.



BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas by a proclamation of the 5th day of July, 1864, the President of
the United States, when the civil war was flagrant and when combinations
were in progress in Kentucky for the purpose of inciting insurgent raids
into that State, directed that the proclamation suspending the privilege
of the writ of _habeas corpus_ should be made effectual in Kentucky
and that martial law should be established there and continue until said
proclamation should be revoked or modified; and

Whereas since then the danger from insurgent raids into Kentucky has
substantially passed away:

Now, therefore, be it known that I, Andrew Johnson, President of the
United States, by virtue of the authority vested in me by the
Constitution, do hereby declare that the said proclamation of the 5th
day of July, 1864, shall be, and is hereby, modified in so far that
martial law shall be no longer in force in Kentucky from and after the
date hereof.

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

[SEAL.]

Done at the city of Washington, this 12th day of October, A.D. 1865, and
of the Independence of the United States of America the ninetieth.

ANDREW JOHNSON.

By the President:
W. HUNTER,
_Acting Secretary of State_.



BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas it has pleased Almighty God during the year which is now coming
to an end to relieve our beloved country from the fearful scourge of
civil war and to permit us to secure the blessings of peace, unity, and
harmony, with a great enlargement of civil liberty; and

Whereas our Heavenly Father has also during the year graciously averted
from us the calamities of foreign war, pestilence, and famine, while our
granaries are full of the fruits of an abundant season; and

Whereas righteousness exalteth a nation, while sin is a reproach to any
people:

Now, therefore, be it known that I, Andrew Johnson, President of the
United States, do hereby recommend to the people thereof that they do
set apart and observe the first Thursday of December next as a day of
national thanksgiving to the Creator of the Universe for these great
deliverances and blessings.

And I do further recommend that on that occasion the whole people make
confession of our national sins against His infinite goodness, and with
one heart and one mind implore the divine guidance in the ways of
national virtue and holiness.

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

[SEAL.]

Done at the city of Washington, this 28th day of October, A.D. 1865, and
of the Independence of the United States of America the ninetieth.

ANDREW JOHNSON.

By the President:
WILLIAM H. SEWARD,
_Secretary of State_.



BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas by the proclamation of the President of the United States of the
15th day of September, 1863, the privilege of the writ of _habeas
corpus_ was, in certain cases therein set forth, suspended throughout
the United States; and

Whereas the reasons for that suspension may be regarded as having ceased
in some of the States and Territories:

Now, therefore, be it known that I, Andrew Johnson, President of the
United States, do hereby proclaim and declare that the suspension
aforesaid and all other proclamations and orders suspending the
privilege of the writ of _habeas corpus_ in the States and
Territories of the United States are revoked and annulled, excepting as
to the States of Virginia, Kentucky, Tennessee, North Carolina, South
Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, Arkansas,
and Texas, the District of Columbia, and the Territories of New Mexico
and Arizona.

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

[SEAL.]

Done at the city of Washington, this 1st day of December, A.D. 1865, and
of the Independence of the United States of America the ninetieth.

ANDREW JOHNSON.

By the President:
WILLIAM H. SEWARD,
_Secretary of State_.




EXECUTIVE ORDERS.


EXECUTIVE CHAMBER,

_Washington, April 29, 1865_.

Being desirous to relieve all loyal citizens and well-disposed persons
residing in insurrectionary States from unnecessary commercial
restrictions and to encourage them to return to peaceful pursuits -

_It is hereby ordered_, I. That all restrictions upon internal,
domestic, and coastwise commercial intercourse be discontinued in such
parts of the States of Tennessee, Virginia, North Carolina, South
Carolina, Georgia, Florida, Alabama, Mississippi, and so much of
Louisiana as lies east of the Mississippi River as shall be embraced
within the lines of national military occupation, excepting only such
restrictions as are imposed by acts of Congress and regulations in
pursuance thereof prescribed by the Secretary of the Treasury and
approved by the President, and excepting also from the effect of this
order the following articles contraband of war, to wit: Arms,
ammunition, all articles from which ammunition is manufactured, gray
uniforms and cloth, locomotives, cars, railroad iron, and machinery for
operating railroads, telegraph wires, insulators, and instruments for
operating telegraphic lines.

II. That all existing military and naval orders in any manner
restricting internal, domestic, and coastwise commercial intercourse and
trade with or in the localities above named be, and the same are hereby,
revoked, and that no military or naval officer in any manner interrupt
or interfere with the same, or with any boats or other vessels engaged
therein under proper authority, pursuant to the regulations of the
Secretary of the Treasury.

ANDREW JOHNSON.



WAR DEPARTMENT,

_Washington City, April 29, 1865_.

The Executive order of January 20, 1865, prohibiting the exportation of
hay, is rescinded from and after the 1st day of May, 1865.

By order of the President:

EDWIN M STANTON.

_Secretary of War_.



EXECUTIVE CHAMBER,

_Washington City, May 1, 1865_.

Whereas the Attorney-General of the United States hath given his opinion
that the persons implicated in the murder of the late President, Abraham
Lincoln, and the attempted assassination of the Hon. William H. Seward,
Secretary of State, and in an alleged conspiracy to assassinate other
officers of the Federal Government at Washington City, and their aiders
and abettors, are subject to the jurisdiction of and lawfully triable
before a military commission -

_It is ordered_:

First. That the assistant adjutant-general detail nine competent
military officers to serve as a commission for the trial of said
parties, and that the Judge-Advocate-General proceed to prefer charges
against said parties for their alleged offenses and bring them to trial
before said military commission; that said trial or trials be conducted
by the said Judge-Advocate-General, and as recorder thereof, in person,
aided by such assistant or special judge-advocate as he may designate,
and that said trials be conducted with all diligence consistent with the
ends of justice; the said commission to sit without regard to hours.

Second. That Brevet Major-General Hartranft be assigned to duty as
special provost-marshal-general for the purpose of said trial, and
attendance upon said commission, and the execution of its mandates.

Third. That the said commission establish such order or rules of
proceeding as may avoid unnecessary delay and conduce to the ends of
public justice.

ANDREW JOHNSON.

Official copy:

W.A. NICHOLS,

_Assistant Adjutant-General_.



WAR DEPARTMENT,

_Washington, D.C., May 3, 1865_.

Order Rescinding Regulations Prohibiting the Exportation of Arms,
Ammunition, Horses, Mules, and Live Stock.

The Executive order of November 21, 1862, prohibiting the exportation of
arms and ammunition from the United States, and the Executive order of
May 13, 1863,[2] prohibiting the exportation of horses, mules, and live
stock, being no longer required by public necessities, the aforesaid
orders are hereby rescinded and annulled.

By order of the President of the United States:

EDWIN M. STANTON,

_Secretary of War_.

[Footnote 2: Order of Secretary of War.]



EXECUTIVE MANSION,

_Washington, May 4, 1865_.

This being the day of the funeral of the late President, Abraham
Lincoln, at Springfield, Ill., the Executive Office and the various
Departments will be closed at 12 m. to-day.

ANDREW JOHNSON,

_President of the United States_.



SPECIAL ORDERS, No. 211.


WAR DEPARTMENT,

ADJUTANT-GENERAL'S OFFICE,

_Washington, May 6, 1865_.

* * * * *

4. A military commission is hereby appointed to meet at Washington,
D.C., on Monday, the 8th day of May, 1865, at 9 o'clock a.m., or as soon
thereafter as practicable, for the trial of David E. Herold, George A.
Atzerodt, Lewis Payne, Michael O'Laughlin, Edward Spangler, Samuel
Arnold, Mary E. Surratt, Samuel A. Mudd, and such other prisoners as may
be brought before it, implicated in the murder of the late President,
Abraham Lincoln, and the attempted assassination of the Hon. William H.
Seward, Secretary of State, and in an alleged conspiracy to assassinate
other officers of the Federal Government at Washington City, and their
aiders and abettors.

_Detail for the court_.

Major-General David Hunter, United States Volunteers.
Major-General Lewis Wallace, United States Volunteers.
Brevet Major-General August V. Kautz, United States Volunteers.
Brigadier-General Albion P. Howe, United States Volunteers.
Brigadier-General Robert S. Foster, United States Volunteers.
Brevet Brigadier-General Cyrus B. Comstock,[A] United States Volunteers.
Brigadier-General T.M. Harris, United States Volunteers.
Brevet Colonel Horace Porter,[B] aid-de-camp.
Lieutenant-Colonel David R. Clendenin, Eighth Illinois Cavalry.
Brigadier-General Joseph Holt, Judge-Advocate-General, United States
Army, is appointed the judge-advocate and recorder of the commission,
to be aided by such assistant or special judge-advocate as he may
designate.


The commission will sit without regard to hours.

By order of the President of the United States:

E.D. TOWNSEND,

_Assistant Adjutant-General_.

[Footnote 3: Brevet Brigadier-General James A. Ekin substituted; see
Special Orders, No. 216.]

[Footnote 4: Brevet Colonel C. H. Tompkins substituted; see Special
Orders, No. 216.]



WAR DEPARTMENT, _Washington City, May 7, 1865_.

Brigadier-General Holt, Judge-Advocate-General, having designated the
Hon. John A. Bingham as a special judge-advocate, whose aid he requires
in the prosecution of Herold and others before the military commission
of which Major-General Hunter is presiding officer:

_It is ordered_, That the said John A. Bingham be, and he is hereby,
appointed special judge-advocate for the purpose aforesaid, to aid the
Judge-Advocate-General, pursuant to the order of the President in
respect to said military commission.

By order of the President:

EDWIN M. STANTON,

_Secretary of War_.



SPECIAL ORDERS. No. 216.

WAR DEPARTMENT,
ADJUTANT-GENERAL'S OFFICE,
_Washington, May 9, 1865_.

* * * * *

91. Brevet Brigadier-General Cyrus B. Comstock, United States
Volunteers, and Brevet Colonel Horace Porter, aid-de-camp, are hereby
relieved from duty as members of the military commission appointed in
Special Orders, No. 211, paragraph 4, dated "War Department,
Adjutant-General's Office, Washington, May 6, 1865," and Brevet
Brigadier-General James A. Ekin, United States Volunteers, and Brevet
Colonel C.H. Tompkins, United States Army, are detailed in their
places, respectively.

The commission will be composed as follows:

Major-General David Hunter, United States Volunteers.
Major-General Lewis Wallace, United States Volunteers.
Brevet Major-General August V. Kautz, United States Volunteers.
Brigadier-General Albion P. Howe, United States Volunteers.
Brigadier-General Robert S. Poster, United States Volunteers.
Brevet Brigadier-General James A. Ekin, United States Volunteers.
Brigadier-General T.M. Harris, United States Volunteers.
Brevet Colonel C.H. Tompkins, United States Army.
Lieutenant-Colonel David R. Clendenin, Eighth Illinois Cavalry.
Brigadier-General Joseph Holt, judge-advocate and recorder.


By order of the President of the United States:

E.D. TOWNSEND,

_Assistant Adjutant-General_.



EXECUTIVE CHAMBER,

_Washington City, May 9, 1865_.

Executive Order to Reestablish the Authority of the United States and
Execute the Laws within the Geographical Limits Known as the State of
Virginia.

_Ordered_, first. That all acts and proceedings of the political,
military, and civil organizations which have been in a state of
insurrection and rebellion within the State of Virginia against the
authority and laws of the United States, and of which Jefferson Davis,
John Letcher, and William Smith were late the respective chiefs, are
declared null and void. All persons who shall exercise, claim, pretend,
or attempt to exercise any political, military, or civil power,
authority, jurisdiction, or right by, through, or under Jefferson Davis,
late of the city of Richmond, and his confederates, or under John
Letcher or William Smith and their confederates, or under any pretended
political, military, or civil commission or authority issued by them or
either of them since the 17th day of April, 1861, shall be deemed and
taken as in rebellion against the United States, and shall be dealt with
accordingly.

Second. That the Secretary of State proceed to put in force all laws of



Online LibraryJames D. RichardsonA Compilation of the Messages and Papers of the Presidents Volume 6, part 2: Andrew Johnson → online text (page 4 of 54)