William MacDonald.

Select Statutes and other documents illustrative of the history of the United States, 1861-1898; online

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SELECT STATUTES

AND OTHER DOCUMENTS

ILLUSTRATIVE OF THE

HISTORY OF THE UNITED STATES

1861-1898



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SELECT STATUTES

AND OTHER DOCUMENTS



ILLUSTRATIVE OF THE



History of the United States

1861-1898



EDITED WITH NOTES
BY

WILLIAM MACDONALD

PROFESSOR OF HISTORY IN BROWN UNIVERSITY



* , ^ . ^ » .



% J * » u ^ J

' » ' *> - , ,



, •>»>.,



THE MACMILLAN COMPANY

LONDON: MACMILLAN & CO., Ltd.
1903

AZi rights reserved



PUBLIC LIBRARY




i^i



|.f-OR, LEKOX AMD

n 1S05 i-



Copyright, 1903,
By the MACMILLAN COMPANY.



Set up, electrotyped, and published October, 1903.



Norivood Press

J. S. Gushing & Co. — Berwick & Smith Co.

NorivooJ, Mass., U.S.A.



PREFACE

This volume completes the series of which my " Select Char-
ters " and " Select Documents " form the other two parts. In
attempting to bring together, in an orderly and consistent pres-
entation, the chief constitutional documents of the period from
1861 to 1898, I have followed, as far as practicable, the prin-
ciples which governed in the making of the " Select Docu-
ments," and which are stated in the preface to that volume.
The wealth of material and the great length of many of the
documents have compelled a rigorous exclusion of whatever it
seemed possible to spare. I have thought it better, however, to
omit entire classes of documents — for example, those relating
to the public lands — rather than to give a topic, however impor-
tant, only a fragmentary representation. I shall hope that the
volume may make easier the systematic study of the period of
which it treats.

I have to express my obligations to Professor William A.
Dunning of Columbia University '.audi Erafe.<sor^ 'Charles H.
Hull of Cornell University for- lie'lpfuV advi'te'' anti' sugges-
tions. To Dr. William Jones of 'Brovr*!' ,Un)versity I am
indebted for the compilation of mucli of the data' embodied in
the introductory notes.



WILLIAM MACDONALD.



PROVmENCE, R.I.,
October, 1903.



• • • • »■

, • • ••

• • • « •

• • • •



Contents



1861



April 19,



1861



NUMBER

1. Call for 75,000 Volunteers. April 15

2. Proclamation declaring a Blockade of Southern Ports.

1861 . . .^

3. Act for the Collection of Duties. July 13, 1861 . , .

4. Act for a National Loan. July 17, 1861 . '.

5. Act authorizing the Employment of Volunteers. July 22, 1861

6. Resolution on the Nature and Object of the War. July 22, 1861

7. Indemnity for State War Expenses. July 27, 1861

8. Act for calling out the Militia. July 29, 1861

9. Act to define and punish certain Conspiracies. July 31

10. Supplementary National Loan Act. August 5, 1861

11. Confiscation Act. August 6, 1861

12. Act authorizing the Seizure of Railroad and Telegraph Lines,

January 31, 1862

13. Act prohibiting the Coolie Trade. February 19, 1862

14. Act authorizing the Issue of Legal Tender Notes. February 25

1862 . .

15. Act for an Additional Article ofVJ-if,. M^ich 13. 1^02

16. Act authorizing further Purchase oT £>cin. March 17^ ; 862' . ,

17. Joint Resolution on Compensated Enidai;ip^Cicn . April 10, 1862

18. Act abolishing Slavery in the District'of Cclam'bca. April 16, 1862

19. Collection of Direct Taxes in Insuriectxn?ry States.. June 7, 1862

20. AboHtion of Slavery in the Territories. '• jvja^Ao, .jS6i'

21. Anti-Polygamy Act. July i, 1862 . . .

22. Oath of Office. July 2, 1862

23. Election of Representatives by Districts. July 14, 1862

24. Confiscation Act. July 17, 1862 ....

25. Act to authorize Payments in Stamps. July 17, 1862

26. Mihtii: Act. July 17, 1862

27. Act admitting West Virginia. De^ "mber 31, 1862
Emancipation Proclamation. January i, 1863

vii



PAGE
I

3

4

9

12

14
15
15
17
18
20

22
24

27

31
32
34
35
39,
42

4^
45
47
48

53
54
56
59



Vlll



CONTENTS



29.
30.

31.
32.
33.

34-
35-
36.
37-
38.

39-
40.

41.
42.

43-
44.

45-
46.

47-

48.
49.
50-
51-
-52.
53-
54.

55-
.56.

sr-
59.

a.

12.

J-
54.

6%.

56.

7-



1863



Act to punish Correspondence with Rebels. February 25, i

Act to provide Ways and Means for the Support of the G
ment. March 3, 1863

Enrolment Act. March 3, 1863

Act relating to Habeas Corpus. March 3, 1863

Act for the Collection of Abandoned Property. March 3

Resolution against Foreign Mediation, March 3, 1863

Proclamation of Amnesty. December 8, 1863

vSupplementary Enrolment Act. February 24, 1864

National Bank Act. June 3, 1864 ....

Repeal of the Fugitive Slave Law. June 28, 1864

Intercourse with Insurrectionary States. July 2, 1864 .

Enrolment Act. July 4, 1864

Act to encourage Immigration. July 4, 1864

Proclamation regarding Reconstruction. July 8, 1 864 .

Electoral Count. February 8, 1S65 ....

Freedmen's Bureau. March 3, 1865 ....

Freedom for Soldiers' Pamilies. March 3, 1865

Proclamation of Amnesty. May 29, 1865 ....

Proclamation appointing a Governor for North Carolina. May 29
1865 ^. .

Thirteenth Amendment. December 18, 1865

Proclamation declaring the Insurrection at an End. April 2, 1866
- First Civil Rights Act. April 9, 1866

Supplementary Freedmen's Bureau Act. July 16, 1866

Restoration of Tennessee. July 24, 1866 ....

Election of Senators. July 25, 1866

Fra\jcJicJ>^ in'thV DisUidt cffColajVibia. January 8, 1867

EleoiEiVe' iV^n^-hije in ♦J'ht;' TeKiStbriss. January 31, 1867
-First Recon,sJ:ructiou%\«t.. .March 2, 1867 . . .

Tenure of bf£(:e ^r.'iJvilrcK: 2, 1867 ......

Act of Indeninity, AJsirj:;^ 2, 1867 .....

Comman'd.*ofjt5ie»*Xrrt>3j./*^^rc|i 2, 1 867 ....

Abolition*of*Pfe6na^e. * Marc*h* 2, 1867

Payments to Disloyal Persons. March 2, 1867 . .
^Second Reconstruction Act. March 23, 1867 .

Treaty with Russia for the Cession of Alaska. March 30, 1867
"Third Reconstruction Act. July 19, 1867 ....

Act suspending Reduction of the Currency. February 4, j^'-'°

Articles of Impeachment. March 2-3, 1868 .
" Fourth Reconstruction Act. March ii, 1868



18^



CONTENTS ix

NUMBER PAGE

^ - €8. Act admitting Arkansas to Representation in Congress. June 22,

1868 199

69. Act admitting North Carolina, South Carolina, Louisiana, Georgia,
'" Alabama, and Florida to Representation in Congress. June

25, 1868 201

70. Eight-hour Law. June 25, 1868 203

71. Oath of Office. July 11, 1868 204

72. Joint Resolution excluding Electoral Votes of the Late Rebellious

States. July 20, 1868 205

73. Rights of American Citizens in Foreign States. July 27, 1868 . 206
yy*j^. Fourteenth Amendment to the Constitution. July 28, 1868 . . 208

75. Proclamation granting Full Amnesty. December 25, 1868 . .211 "

76. Provisional Governments of Virginia, Texas, and Mississippi. Feb-

ruary 18, 1869 213

77. Extradition Act. March 3, 1869 214

78. Act to strengthen the Public Credit. March 18, 1869 ^ . .215

79. Equal Rights in the District of Columbia. March 18, 1869 . . 216

80. Amended Tenure of Office Act. April 5, 1869 .... 217

81. Submission o( the Constitutions of Virginia, Mississippi, and Texas.

April 10, 1869 219

,<,82. Reconstruction of Georgia. December 22, 1869 .... 221

83. Admission of Virginia to Representation in Congress. January

26, 1870 . 224

84. Fifteenth Amendment to the Constitution. March 30, 1870 . . 226

85. Act to enforce the Fifteenth Amendment. May 31, 1870 . . 227 y

86. Redemption and Bank Note Act. July 12, 1870 . ^ . . 235 ^

87. Naturalization Act. July 14, 1 870 238

88. Act for refunding the National Debt. July 14, 1870 y , . 242 v"

89. Act for the Restoration of Georgia. July 15, 1870 . . . 246

90. San Domingo Commissioners. January 12, 1871 . . . . 247

91. Supplementary Act to enforce the Fifteenth Amendment. February

28, 1871 249

92. Act to enforce the Fourteenth Amendment. April 20, 1871 . . 262

93. Treaty of Washington. May 8, 187 1 268 •

94. Act removing Political Disabilities. May 22, 1872 . , , 290

95. Supplementary Federal Election Law. June lo, 1872 . , , ^91

96. Coinage Act. February 12, 1873 ..../. •»y294

97. Act regarding United States Notes and National Bank Currency, •ry'

June 20, 1874 . /?

98. Resumption of Specie Payments. January 14, 1875 . ' , .

99. Civil Rights Act. March i, 1875



X



CONTENTS



J



^



July 22, 1876 /



^



lOI.
102.
103.

104.
105.
106.
107.
/108.



::^



J



NUMBER

100. Joint Resolution for the Issue of Silver Coin

Electoral Count Act. January 29, 1877

Coinage of the Standard Silver Dollar. February 28, 1878

Act forbidding the further Retirement of Legal Tender Notes
May 31, 1878

Use of the Army at the Polls. May 4, 1880

Purchase of Bonds. March 3, 1 881

Anti-Polygamy Act. March 22, 1882 .

Act restricting Chinese Immigration, May 6, 1882

National Bank Circulation, Bonds, and Gold Certificates. July

12, 1882

109. Civil Service Act. January 16, 1883

no. Contract Labor Act. February 26, 1885 . . . o

111. Presidential Succession Act. January 19, 1886 .

112. Act prohibiting Special Lavi^s in the Territories. July 30, 1886

113. Electoral Count Act. February 3, 1887 ....

114. Interstate Commerce Act. February 4, 1887

115. Allotment of Lands in Severalty to Indians. February 8, 1887

116. Ownership of Real Estate in the Territories. March 3, 1887

117. Retirement of the Trade Dollar. March 3, 1887

118. Anti- Polygamy Act. March 3, 1887 .

119. Chinese Exclusion Act. September 13, 1888

120. Anti-Tru^ Act. July 2, 1890

121. Silver Puik:hase Act. July 14, 189Q .

122. " Original package " Act. August 8, 1890 .

123. Anti-Lottery Act. September 18, 1890

124. Immigration and Contract Labor. March 3, 1891

125. Repeal ofjthe Silver Purchase Act of 1890. November I, 1893

126. President Cleveland's Venezuelan Message. December 17, 1895

127. Alien Owfnership of Real Estate in the Territories. March 2, 1897

128. Recognition of the Independence of Cuba. April 20, 1898

129. Declaration of War. April 25, 1898

130. Annexation of the Hawaiian Islands. July 7, 1898 . .

31. Treaty of Paris. December 10, 1898 ......



SELECT STATUTES

AND OTHER DOCUMENTS

ILLUSTRATIVE OF THE

HISTORY OF THE UNITED STATES

1861-1898



2 CALL FOR VOLUNTEERS [April 15

call forth, the militia of the several States of the Union, to the
aggregate number of seventy-five thousand, in order to suppress
said combinations, and to cause the laws to be duly executed.

The details for this object will be immediately communicated to
the State authorities through the War Department.

I appeal to all loyal citizens to favor, facilitate, and aid this effort
to maintain the honor, the integrity, and the existence of our
National Union, and the perpetuity of popular government ; and
to redress wrongs already long enough endured.

I deem it proper to say that the first service assigned to the
forces hereby called forth will probably be to repossess the forts,
places, and property which have been seized from the Union ; and
in every event, the utmost care will be observed, consistently with
the objects aforesaid, to avoid any devastation, any destruction
of, or interference with, property, or any disturbance of pea'cefal
citizens in any part of the country.

And I hereby command the persons composing the combina-
tions aforesaid to disperse, and retire peaceably to their respective
abodes within twenty days from this date.

Deeming that the present condition of public affairs presents an
extraordinary occasion, I do hereby, in virtue of the power in me
vested by the Constitution, convene both Houses of Congress.
Senators and Representatives are therefore summoned to assemble
at their respective chambers, at twelve o'clock, noon, on Thursday,
the fourth day of July next, then and there to consider and deter-
mine such measures as, in their wisdom, the public safety and
interest may seem to demand.

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 fifteenth day of April,
in the year of our Lord one thousand eight hundred and

L^' ^'-1 sixty-one, and of the Independence of the United States
the eighty-fifth.

ABRAHAM LINCOLN.

By the President :

William H. Seward, Secretary of State.



1 86 1] PROCLAMATION OF BLOCKADE OF SOUTHERN PORTS 3

No. 2. Proclamation declaring a Blockade of

Southern Ports

April ig, 1861

In response to the proclamation of April 15, calling for 75,000 volunteers,
Jefferson Davis, as president of the Confederate States, issued, on April 17, a
proclamation inviting applications for letters of marque and reprisal. The
proclamation declaring a blockade of Southern ports was issued in rejoinder.
By a further proclamation of April 27, the blockade was extended to the ports
of Virginia and North Carolina.

References. — Text'm U.S. Statutes at Large, XII, 1258, 1259. Davis's
proclamation is in Moore, Rebellion Record, I, 71 of documents. The proc-
lamation was upheld in the Prize Cases, 2 Black, 635.

By the President of the United States of America :

A PROCLAMATION.

Whereas an insurrection against the Government of the United
States has broken out in the States of South Carolina, 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 insur-
rection, have threatened to grant pretended letters of marque to
authorize the bearers thereof to commit assaults on the Hves, ves-
sels, 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 thereon :

Now, therefore, I, ABRAHAM LINCOLN, President of the
United States, with a view to the same purposes before mentioned,



/



4 ACT FOR THE COLLECTION OF DUTIES [July i^

and to the protection of the public peace, and the lives and prop-
erty 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 aforesaid. 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 in-
dorse 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.



No. 3. Act for the Collection of Duties

July 13, 1861

In his report of July 4, 1861, the Secretary of the Treasury, Chase, called
the attention of Congress to the fact that " at the ports of several States of
the Union the collection of lawful duties on imports has been forcibly ob-
structed and prevented for several months ; " and the draft of a bill " to pro-
vide for the collection of duties on imports " was submitted. A bill for the
purpose was reported by the House Committee on Commerce July 9, and
the next day, by a vote of 136 to 10, was read a third time and passed. The
bill passed the Senate with only a verbal amendment on the 12th, by a vote
of 36 to 6, and on the 13th the act was approved. In conformity with the



f86i] ACT FOR THE COLLECTION OF DUTIES 5

provisions of section five of the act, President Lincoln, on August i6, issued a
proclamation declaring the inhabitants of Georgia, South Carolina, Virginia,
North Carolina, Tennessee, Alabama, Louisiana, Texas, Arkansas, Mississippi,
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 . . . named as may maintain a loyal adhesion to the
Union and the Constitution, or may be, from time to time, occupied and con-
trolled by forces of the United States engaged in the dispersion of such insur-
gents," to be in insurrection. The provisions of the act were made still more
stringent by an act of May 20, 1862.

References. — Text in U.S. Statutes at Large, XII, 255-258. For the
proceedings see the House and Seriate Journals and the Congressional Globe,
37th Cong., 1st Sess. The report of the Secretary of the Treasury is in the
Globe, Appendix ; see also a letter from Chase explaining the necessity for,
and asserting the constitutionality of, the proposed measure, ibid., proceedings
of July 10. For a report of February 21 on the same subject see House Exec.
Docjs, 36th Cong., 2d Sess.

An Act further to provide for the Collection of Duties on Imports ^
and for other Purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That whenever it
shall in the judgment of the President, by reason of unlawful com-
binations of persons in opposition to the laws of the United States,
become impracticable to execute the revenue laws and collect the
duties on imports by the ordinary means, in the ordinary way, at
any port of entry in any collection district, he is authorized to
cause such duties to be collected at any port of delivery in said
district until such obstruction shall cease ; and in such case the
surveyors at said ports of delivery shall be clothed with all the
powers, and be subject to all the obligations of collectors at ports
of entry ; and the Secretary of the Treasury, with the approbation
of the President, shall appoint such number of weighers, gangers,
measurers, inspectors, appraisers, and clerks as may be necessary,
in his judgment, for the faithful execution of the revenue laws at
said ports of delivery, and shall fix and establish the limits within
which such ports of delivery are constituted ports of entry, as
aforesaid ; and all the provisions of law regulating the issue of



6 ACT FOR THE COLLECTION OF DUTIES [July 13

marine papers, the coasting trade, the warehousing of imports, and
collection of duties, shall apply to the ports of entry so constituted,
in the same manner as they do to ports of entry established by the
laws now in force.

Sec. 2. And be it further enacted, That if, from the cause men-
tioned in the foregoing section, in the judgment of the President,
the revenue from duties on imports cannot be effectually collected
at any port of entry in any collection district, in the ordinary' way,
and by the ordinary means, or by the course provided in the fore-
going section, then and in that case he may direct that the custom-
house for the district be established in any secure place within
said district, either on land or on board any vessel in said district
or at sea near the coast; and in such case the collector shall
reside at such place, or on shipboard, as the case may be, and
there detain all vessels and cargoes arriving within or approaching
said district, until the duties imposed by law on said vessels and
their cargoes are paid in cash : Provided, That if the owner or
consignee of the cargo on board any vessel detained as aforesaid,
or the master of said vessel shall desire to enter a port of entry in
any other district in the United States where no such obstructions
to the execution of the laws exist, the master of such vessel may
be permitted so to change the destination of the vessel and cargo
in his manifest, whereupon the collector shall deliver him a written
permit to proceed to the port so designated : And, pi'ovided fur-
ther. That the Secretary of the Treasury shall, with the approba-
tion of the President, make proper regulations for the enforcement
on shipboard of such provisions of the laws regulating the assess-
ment and collection of duties as in his judgment may be necessary
and practicable.

Sec. 3. And be it further enacted, ^\\2X it shall be unlawful to
take any vessel or cargo detained as aforesaid from the custody of
the proper officers of the customs, unless by process of some court
of the United States ; and in case of any attempt otherwise to take
such vessel or cargo by any force, or combination, or assemblage
of persons, too great to be overcome by the officers of the cus-
toms, it shall and may be lawful for the President, or such person



i86i] ACT FOR THE COLLECnON OF DUTIES 7

or persons as he shall have empowered for that purpose, to employ
such part of the army or navy or miUtia of the United States, or
such force of citizen volunteers as may be deemed necessary for
the purpose of preventing the removal of such vessel or cargo, and
protecting the officers of the customs in retaining the custody
thereof.

Sec. 4. And be it further enacted^ That if, in the judgment of
the President, from the cause mentioned in the first section of this
act, the duties upon imports in any collection district cannot be
effectually collected by the ordinary means and in the ordinary
way, or in the mode and manner provided in the foregoing sec-
tions of this act, then and in that case the President is hereby
empowered to close the port or ports of entry in said district, and
in such case give notice thereof by proclamation; and thereupon
all right of importation, warehousing, and other privileges incident
to ports of entry shall cease and be discontinued at such port so
closed, until opened by the order of the President on the cessation
of such obstructions ; and if, while said ports are so closed, any
ship or vessel from beyond the United States, or having on board
any articles subject to duties, shall enter or attempt to enter any
such port, the same, together with its tackle, apparel, furniture,
and cargo, shall be forfeited to the United States.

Sec. 5. And be it further enacted, That whenever the President,
in pursuance of the provisions of the second section of the act
entitled " An act to provide for calHng 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 twenty-eight, seventeen hundred and ninety-five, shall
have called forth the mihtia to suppress combinations against the
laws of the United States, and to cause the laws to be duly exe-
cuted, and the insurgents shall have failed to disperse by the time
directed by the President, and when said insurgents claim to act
under the authority of any State or States, and such claim is not
disclaimed or repudiated by the persons exercising the functions
of government in such State or States, or in the part or parts
thereof in which said combination exists, nor such insurrection



8 ACT FOR THE COLLECTION OF DUTIES [July 13

suppressed by said State or States, then and in such case it may
and shall be lawful for the President, by proclamation, to declare
that the inhabitants of such State, or any section or part thereof,
where such insurrection exists, are in a state of insurrection against
the United States ; ^ and thereupon all commercial intercourse by
and between the same and the citizens thereof and the citizens of
the rest of the United States shall cease and be unlawful so long
as such condition of hostiUty shall continue ; and all goods and



Online LibraryWilliam MacDonaldSelect Statutes and other documents illustrative of the history of the United States, 1861-1898; → online text (page 1 of 41)