Chapter XX: Part 20

Whereas by an act of Congress entitled "An act to admit the States of North Carolina, South Carolina, Louisiana, Georgia, Alabama, and Florida to representation in Congress," passed on the 25th day of June, 1868, it is declared that it is made the duty of the President, within ten days after receiving official information of the ratification by the legislature of either of said States of a proposed amendment to the Constitution known as article fourteen, to issue a proclamation announcing that fact; and

Whereas a paper was received at the Department of State on the 17th day of July, 1868, which paper, bearing date of the 9th day of July, 1868, purports to be a resolution of the senate and house of representatives of the State of Louisiana in general assembly convened ratifying the aforesaid amendment, and is attested by the signature of George E. Bovee, as secretary of state, under a seal purporting to be the seal of the State of Louisiana:

Now, therefore, be it known that I, Andrew Johnson, President of the United States of America, in compliance with and execution of the act of Congress before mentioned, do issue this my proclamation, announcing the fact of the ratification of the said amendment by the legislature of the State of Louisiana in the manner hereinbefore set forth.

In testimony whereof I have signed these presents with my hand and have caused the seal of the United States to be hereto affixed,

[SEAL.]

Done at the city of Washington, this 18th day of July, A.D. 1868, and of the Independence of the United States of America the ninety-third.

ANDREW JOHNSON.

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

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas by an act of Congress entitled "An act to admit the States of North Carolina, South Carolina, Louisiana, Georgia, Alabama, and Florida to representation in Congress," passed the 25th day of June, 1868, it is declared that it is made the duty of the President, within ten days after receiving official information of the ratification by the legislature of either of said States of a proposed amendment to the Constitution known as article fourteen, to issue a proclamation announcing that fact; and

Whereas a letter was received this day by the President, which letter, being addressed to the President, bears date of July 16, 1868, and was transmitted by and under the name of William H. Smith, who therein writes himself governor of Alabama, in which letter was inclosed and received at the same time by the President a paper purporting to be a resolution of the senate and house of representatives of the general assembly of the State of Alabama ratifying the said proposed amendment, which paper is attested by the signature of Charles A. Miller, as secretary of state, under a seal purporting to be the seal of the State of Alabama, and bears the date of approval of July 13, 1868, by William H. Smith, as governor of said State:

Now, therefore, be it known that I, Andrew Johnson, President of the United States of America, in compliance with and execution of the act of Congress before mentioned, do issue this my proclamation, announcing the fact of the ratification of the said amendment by the legislature of the State of Alabama in the manner hereinbefore set forth.

In testimony whereof I have signed these presents with my hand and have caused the seal of the United States to be hereto affixed.

[SEAL.]

Done at the city of Washington, this 20th day of July, A.D. 1868, and of the Independence of the United States of America the ninety-third.

ANDREW JOHNSON.

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

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas by an act of Congress entitled "An act to admit the States of North Carolina, South Carolina, Louisiana, Georgia, Alabama, and Florida to representation in Congress," passed the 25th day of June, 1868, it is declared that it is made the duty of the President, within ten days after receiving official information of the ratification by the legislature of either of said States of a proposed amendment to the Constitution known as article fourteen, to issue a proclamation announcing that fact; and

Whereas a paper was received at the Department of State this 27th day of July, 1868, purporting to be a joint resolution of the senate and house of representatives of the general assembly of the State of Georgia, ratifying the said proposed amendment and also purporting to have passed the two said houses, respectively, on the 21st of July, 1868, and to have been approved by Rufus B. Bullock, who therein signs himself governor of Georgia, which paper is also attested by the signatures of Benjamin Conley, as president of the senate, and R.L. McWhorters, as speaker of the house of representatives, and is further attested by the signatures of A.E. Marshall, as secretary of the senate, and M.A. Hardin, as clerk of the house of representatives:

Now, therefore, be it known that I, Andrew Johnson, President of the United States of America, in compliance with and execution of the act of Congress before mentioned, do issue this my proclamation, announcing the fact of the ratification of the said amendment by the legislature of the State of Georgia in the manner hereinbefore set forth.

In testimony whereof I have signed these presents with my hand and have caused the seal of the United States to be hereto affixed.

[SEAL.]

Done at the city of Washington, this 27th day of July, A.D. 1868, and of the Independence of the United States of America the ninety-third.

ANDREW JOHNSON.

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

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

In the year which is now drawing to its end the art, the skill, and the labor of the people of the United States have been employed with greater diligence and vigor and on broader fields than ever before, and the fruits of the earth have been gathered into the granary and the storehouse in marvelous abundance. Our highways have been lengthened, and new and prolific regions have been occupied. We are permitted to hope that long-protracted political and sectional dissensions are at no distant day to give place to returning harmony and fraternal affection throughout the Republic. Many foreign states have entered into liberal agreements with us, while nations which are far off and which heretofore have been unsocial and exclusive have become our friends.

The annual period of rest, which we have reached in health and tranquillity, and which is crowned with so many blessings, is by universal consent a convenient and suitable one for cultivating personal piety and practicing public devotion.

I therefore recommend that Thursday, the 26th day of November next, be set apart and observed by all the people of the United States as a day for public praise, thanksgiving, and prayer to the Almighty Creator and Divine Ruler of the Universe, by whose ever-watchful, merciful, and gracious providence alone states and nations, no less than families and individual men, do live and move and have their being.

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 12th day of October, A.D. 1868, and of the Independence of the United States the ninety-third.

ANDREW JOHNSON.

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

EXECUTIVE ORDERS.

BY THE PRESIDENT OF THE UNITED STATES.

EXECUTIVE ORDER.

WASHINGTON, _December 17, 1867_.

It is desired and advised that all communications in writing intended for the executive department of this Government and relating to public business of whatever kind, including suggestions for legislation, claims, contracts, employment, appointments, and removals from office, and pardons, be transmitted directly in the first instance to the head of the Department to which the care of the subject-matter of the communication properly belongs. This regulation has become necessary for the more convenient, punctual, and regular dispatch of the public business.

By order of the President:

WILLIAM H. SEWARD,

_Secretary of State_.

GENERAL ORDERS, No. 104.

HEADQUARTERS OF THE ARMY,

ADJUTANT-GENERAL'S OFFICE,

_Washington, December 28, 1867_.

By direction of the President of the United States, the following orders are made:

I. Brevet Major-General E.O.C. Ord will turn over the command of the Fourth Military District to Brevet Major-General A.C. Gillem, and proceed to San Francisco, Cal., to take command of the Department of California.

II. On being relieved by Brevet Major-General Ord, Brevet Major-General Irvin McDowell will proceed to Vicksburg, Miss., and relieve General Gillem in command of the Fourth Military District.

III. Brevet Major-General John Pope is hereby relieved of the command of the Third Military District, and will report without delay at the Headquarters of the Army for further orders, turning over his command to the next senior officer until the arrival of his successor.

IV. Major-General George G. Meade is assigned to the command of the Third Military District, and will assume it without delay. The Department of the East will be commanded by the senior officer now on duty in it until a commander is named by the President.

V. The officers assigned in the foregoing orders to command of military districts will exercise therein any and all powers conferred by acts of Congress upon district commanders, and also any and all powers pertaining to military-department commanders.

* * * * *

By command of General Grant:

E.D. TOWNSEND,

_Assistant Adjutant-General_.

GENERAL ORDERS, No. 10.

HEADQUARTERS OF THE ARMY,

ADJUTANT-GENERAL'S OFFICE,

_Washington, February 12, 1868_.

The following orders are published for the information and guidance of all concerned:

EXECUTIVE MANSION,

_Washington, D.C., February 12, 1868_.

General U.S. GRANT,

_Commanding Armies of the United States, Washington, D.C._

GENERAL: You will please issue an order creating a military division, to be called the Military Division of the Atlantic, to be composed of the Department of the Lakes, the Department of the East, and the Department of Washington, and to be commanded by Lieutenant-General William T. Sherman, with his headquarters at Washington.

Until further orders from the President, you will assign no officer to the permanent command of the Military Division of the Missouri.

Respectfully, yours,

ANDREW JOHNSON.

Major-General P.H. Sheridan, the senior officer in the Military Division of the Missouri, will temporarily perform the duties of commander of the Military Division of the Missouri, in addition to his duties of department commander.

By command of General Grant:

E.D. TOWNSEND,

_Assistant Adjutant-General_.

EXECUTIVE MANSION,

_Washington, D.C., February 21, 1868_.

Hon. EDWIN M. STANTON,

_Washington, D.C._

SIR: By virtue of the power and authority vested in me as President by the Constitution and laws of the United States, you are hereby removed from office as Secretary for the Department of War, and your functions as such will terminate upon the receipt of this communication.

You will transfer to Brevet Major-General Lorenzo Thomas, Adjutant-General of the Army, who has this day been authorized and empowered to act as Secretary of War _ad interim_, all records, books, papers, and other public property now in your custody and charge.

Respectfully, yours,

ANDREW JOHNSON.

EXECUTIVE MANSION,

_Washington, D.C., February 21, 1868_.

Brevet Major-General LORENZO THOMAS,

_Adjutant-General United States Army, Washington, D.C._

SIR: The Hon. Edwin M. Stanton having been this day removed from office as Secretary for the Department of War, you are hereby authorized and empowered to act as Secretary of War _ad interim_, and will immediately enter upon the discharge of the duties pertaining to that office.

Mr. Stanton has been instructed to transfer to you all the records, books, papers, and other public property now in his custody and charge.

Respectfully, yours,

ANDREW JOHNSON.

GENERAL ORDERS, No. 17.

HEADQUARTERS OF THE ARMY,

ADJUTANT-GENERAL'S OFFICE,

_Washington, March 28, 1868_.

By direction of the President of the United States, Major-General W.S. Hancock is relieved from command of the Fifth Military District and assigned to command of the Military Division of the Atlantic, created by General Orders, No. 10, of February 12, 1868.

By command of General Grant:

E.D. TOWNSEND,

_Assistant Adjutant-General_.

EXECUTIVE MANSION,

_Washington, D.C., May 28, 1868_.

The chairman of the committee of arrangements having requested that an opportunity may be given to those employed in the several Executive Departments of the Government to unite with their fellow-citizens in paying a fitting tribute to the memory of the brave men whose remains repose in the national cemeteries, the President directs that as far as may be consistent with law and the public interests persons who desire to participate in the ceremonies be permitted to absent themselves from their duties on Saturday, the 30th instant.

By order of the President:

WM. G. MOORE,

_Secretary_.

EXECUTIVE MANSION,

_Washington, D.C., June 1, 1868_.

Major-General John M. Schofield having been appointed, by and with the advice and consent of the Senate, Secretary for the Department of War, is hereby relieved from the command of the First Military District, created by the act of Congress passed March 2, 1867.

Brevet Major-General George Stoneman is hereby assigned, according to his brevet rank of major-general, to the command of the said First District and of the Military Department of Virginia.

The Secretary of War will please give the necessary instructions to carry this order into effect.

ANDREW JOHNSON.

GENERAL ORDERS, No. 25.

HEADQUARTERS OF THE ARMY,

ADJUTANT-GENERAL'S OFFICE,

_Washington, June 1, 1868_.

I. The following order of the President has been received from the War Department:

WASHINGTON, _June 2, 1868_.

The President with deep regret announces to the people of the United States the decease, at Wheatland, Pa., on the 1st instant, of his honored predecessor James Buchanan.

This event will occasion mourning in the nation for the loss of an eminent citizen and honored public servant.

As a mark of respect for his memory, it is ordered that the Executive Departments be immediately placed in mourning and all business be suspended on the day of the funeral.

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.

ANDREW JOHNSON.

II. In compliance with the instructions of the President and of the Secretary of War, on the day after the receipt of this order at each military post the troops will be paraded at 10 o'clock a.m. and the order read to them, after which all labors, for the day will cease.

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 the rising and setting sun, a single gun, and at the close of the day a national salute of thirty-seven 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 command of General Grant:

E.D. TOWNSEND,

_Assistant Adjutant-General_.

SPECIAL ORDER.

NAVY DEPARTMENT,

_Washington, June 3, 1868_.

The death of ex-President James Buchanan 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 be fired at each of the navy-yards and naval stations on Thursday, the 4th instant, the day designated for the funeral of the late ex-President Buchanan, commencing at noon, and on board the flagships in each squadron upon the day after the receipt of this order. The flags at the several navy-yards, naval stations, and marine barracks will be placed at half-mast until after the funeral, and on board all naval vessels in commission upon the day after this order is received.

GIDEON WELLES,

_Secretary of the Navy_.

GENERAL ORDERS, No. 33.

HEADQUARTERS OF THE ARMY,

ADJUTANT-GENERAL'S OFFICE,

_Washington, June 30, 1868_.

By direction of the President of the United States, the following orders are made:

I. Brevet Major-General Irvin McDowell is relieved from the command of the Fourth Military District, and will report in person, without delay, at the War Department.

II. Brevet Major-General Alvan C. Gillem is assigned to the command of the Fourth Military District, and will assume it without delay.

By command of General Grant:

E.D. TOWNSEND,

_Assistant Adjutant-General_.

GENERAL ORDERS, No 44.

HEADQUARTERS OF THE ARMY,

ADJUTANT-GENERAL'S OFFICE,

_Washington, July 13, 1868_.

By direction of the President, Brigadier and Brevet Major-General Irvin McDowell is assigned to the command of the Department of the East.

The headquarters of the department will be transferred from Philadelphia to New York City.

By command of General Grant:

E.D. TOWNSEND,

_Assistant Adjutant-General_.

GENERAL ORDERS, No. 55.

HEADQUARTERS OF THE ARMY,

ADJUTANT-GENERAL'S OFFICE,

_Washington, July 28, 1868_.

The following orders from the War Department, which have been approved by the President, are published for the information and government of the Army and of all concerned:

The commanding generals of the Second, Third, Fourth, and Fifth Military Districts having officially reported that the States of Arkansas, North Carolina, South Carolina, Louisiana, Georgia, Alabama, and Florida have fully complied with the acts of Congress known as the reconstruction acts, including the act passed June 22, 1868, entitled "An act to admit the State of Arkansas to representation in Congress," and the act passed June 25, 1868, entitled "An act to admit the States of North Carolina, South Carolina, Louisiana, Georgia, Alabama, and Florida to representation in Congress," and that, consequently, so much of the act of March 2, 1867, and the acts supplementary thereto as provides for the organization of military districts, subject to the military authority of the United States, as therein provided, has become inoperative in said States, and that the commanding generals have ceased to exercise in said States the military powers conferred by said acts of Congress: Therefore the following changes will be made in the organization and command of military districts and geographical departments:

I. The Second and Third Military Districts having ceased to exist, the States of North Carolina, South Carolina, Georgia, Alabama, and Florida will constitute the Department of the South, Major-General George G. Meade to command. Headquarters at Atlanta, Ga.

II. The Fourth Military District will now consist only of the State of Mississippi, and will continue to be commanded by Brevet Major-General A.C. Gillem.

III. The Fifth Military District will now consist of the State of Texas, and will be commanded by Brevet Major-General J.J. Reynolds. Headquarters at Austin, Tex.

IV. The States of Louisiana and Arkansas will constitute the Department of Louisiana, Brevet Major-General L.H. Rousseau is assigned to the command. Headquarters at New Orleans, La. Until the arrival of General Rousseau at New Orleans, Brevet Major-General Buchanan will command the Department.

V. Brevet Major-General George Crook is assigned, according to his brevet of major-general, to command the Department of the Columbia, in place of Rousseau, relieved.

VI. Brevet Major-General E.R.S. Canby is reassigned to command the Department of Washington.

* * * * *

By command of General Grant:

E.D. TOWNSEND,

_Assistant Adjutant-General_.

Under and in pursuance of the authority vested in the President of the United States by the provisions of the second section of the act of Congress approved on the 27th day of July, 1868, entitled "An act to extend the laws of the United States relating to customs, commerce, and navigation over the territory ceded to the United States by Russia, to establish a collection district therein, and for other purposes," the port of Sitka, in said Territory, is hereby constituted and established as the port of entry for the collection district of Alaska provided for by said act; and under and in pursuance of the authority vested in him by the fourth section of said act the importation and use of firearms, ammunition, and distilled spirits into and within the said Territory, or any portion thereof, except as hereinafter provided, is entirely prohibited, under the pains and penalties specified in said last-named section; _Provided, however_, That under such regulations as the Secretary of the Treasury may prescribe, in accordance with law, such articles may, in limited quantities, be shipped coastwise from United States ports on the Pacific coast to said port of Sitka, and to that port only in said Territory, on the shipper giving bonds to the collector of customs at the port of shipment, conditioned that such articles will on their arrival at Sitka be delivered to the collector of customs, or the person there acting as such, to remain in his possession and under his control until sold or disposed of to such persons as the military or other chief authority in said Territory may specially designate in permits for that purpose signed by himself or a subordinate duly authorized by him.

Done at the city of Washington, this 22d day of August, A.D. 1868, and of the Independence of the United States the ninety-third.

ANDREW JOHNSON,

_President_.

SPECIAL ORDERS, ORDERS, No. 219.

HEADQUARTERS OF THE ARMY,

ADJUTANT-GENERAL'S OFFICE,

_Washington, September 12, 1868_.

* * * * *

18. By direction of the President, Brevet Major-General L.H. Rousseau, brigadier-general, commanding Department of Louisiana, is hereby assigned to duty according to his brevet rank of major-general. This order to take effect when General Rousseau assumes command.

19. By direction of the President, paragraph 12 of Special Orders, No. 70, May 23, 1868, from this office, assigning Brevet Major-General R.C. Buchanan, colonel First United States Infantry, to duty according to his brevet rank of major-general, is hereby revoked, and he is hereby assigned to duty according to his brevet rank of brigadier-general, in order that he may command the District of Louisiana. This order to take effect when General Rousseau assumes command of the Department of Louisiana.

By command of General Grant:

J.C. KELTON,

_Assistant Adjutant-General_.

GENERAL ORDERS, No. 82.

HEADQUARTERS OF THE ARMY,

ADJUTANT-GENERAL'S OFFICE,

_Washington, October 10, 1868_.

The following order has been received from the President, and by his direction is published to the Army:

The following provisions from the Constitution and laws of the United States in relation to the election of a President and Vice-President of the United States, together with an act of Congress prohibiting all persons engaged in the military and naval service from interfering in any general or special election in any State, are published for the information and government of all concerned:

[Extract from Article II, section 1, Constitution of the United States.]

The executive power shall be vested in a President of the United States
of America. He shall hold his office during the term of four years,
and, together with the Vice-President, chosen for the same term, be
elected as follows:

Each State shall appoint, in such manner as the legislature thereof may
direct, a number of electors equal to the whole number of Senators and
Representatives to which the State may be entitled in the Congress; but
no Senator or Representative, or person holding an office of trust or
profit under the United States, shall be appointed an elector.

[Extract from Article XII, amendment to the Constitution of the United States.]

The electors shall meet in their respective States and vote by ballot
for President and Vice-President, one of whom at least shall not be an
inhabitant of the same State with themselves. They shall name in their
ballots the person voted for as President, and in distinct ballots the
person voted for as Vice-President; and they shall make distinct lists
of all persons voted for as President, and of all persons voted for as
Vice-President, and of the number of votes for each, which lists they
shall sign and certify and transmit sealed to the seat of the Government
of the United States, directed to the President of the Senate. The
President of the Senate shall, in the presence of the Senate and House
of Representatives, open all the certificates, and the votes shall then
be counted. The person having the greatest number of votes for President
shall be the President, if such number be a majority of the whole number
of electors appointed; and if no person have such majority, then from
the persons having the highest numbers, not exceeding three, on the list
of those voted for as President, the House of Representatives shall
choose immediately, by ballot, the President. But in choosing the
President the votes shall be taken by States, the representation from
each State having one vote. A quorum for this purpose shall consist of
a member or members from two-thirds of the States, and a majority of
all the States shall be necessary to a choice. And if the House of
Representatives shall not choose a President, whenever the right of
choice shall devolve upon them, before the 4th day of March next
following, then the Vice-President shall act as President, as in the
case of the death or other constitutional disability of the President.

[Extract from "An act relative to the election of a President and Vice-President of the United States, and declaring the officer who shall act as President in case of vacancies in the offices both of President and Vice-President," approved March 1, 1792.]

Sec. 1. _Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled_, That * * *
electors shall be appointed in each State for the election of a
President and Vice-President of the United States * * * in every
fourth year succeeding the last election, which electors shall be
equal to the number of Senators and Representatives to which the
several States may by law be entitled at the time when the President
and Vice-President thus to be chosen should come into office:
_Provided always_, That where no apportionment of Representatives
shall have been made after any enumeration at the time of choosing
electors, then the number of electors shall be according to the
existing apportionment of Senators and Representatives.

["An act to establish a uniform time for holding elections for electors of President and Vice-President in all the States of the Union," approved January 23, 1845.]

_Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled_, That the electors of President
and Vice-President shall be appointed in each State on the Tuesday next
after the first Monday in the month of November of the year in which
they are to be appointed: _Provided_, That each State may by law provide
for the filling of any vacancy or vacancies which may occur in its
college of electors when such college meets to give its electoral vote:
_And provided also_, When any State shall have held an election for the
purpose of choosing electors, and shall fail to make a choice on the day
aforesaid, then the electors may be appointed on a subsequent day in
such manner as the State shall by law provide.

[Extracts from "An act relative to the election of a President and Vice-President of the United States, and declaring the officer who shall act as President in case of vacancies in the offices both of President and Vice-President," approved March 1, 1792.]

Sec. 2. _And be it further enacted_, That the electors shall meet and
give their votes on the said first Wednesday in December, at such place
in each State as shall be directed by the legislature thereof; and the
electors in each State shall make and sign three certificates of all the
votes by them given, and shall seal up the same, certifying on each that
a list of the votes of such State for President and Vice-President is
contained therein, and shall, by writing under their hands or under the
hands of a majority of them, appoint a person to take charge of and
deliver to the President of the Senate, at the seat of Government,
before the first Wednesday in January then next ensuing, one of the said
certificates; and the said electors shall forthwith forward by the
post-office to the President of the Senate, at the seat of Government,
one other of the said certificates, and shall forthwith cause the other
of the said certificates to be delivered to the judge of that district
in which the said electors shall assemble.

Sec. 3. _And be it further enacted_, That the executive authority of
each State shall cause three lists of the names of the electors of such
State to be made and certified, and to be delivered to the electors on
or before the said first Wednesday in December, and the said electors
shall annex one of the said lists to each of the lists of their votes.

Sec. 4. _And be it further enacted_, That if a list of votes from any
State shall not have been received at the seat of Government on the said
first Wednesday in January, that then the Secretary of State shall send
a special messenger to the district judge in whose custody such list
shall have been lodged, who shall forthwith transmit the same to the
seat of Government.

Sec. 5. _And be it further enacted_, That Congress shall be in session
on the second Wednesday in February, 1793, and on the second Wednesday
in February succeeding every meeting of the electors, and the said
certificates, or so many of them as shall have been received, shall then
be opened, the votes counted, and the persons who shall fill the offices
of President and Vice-President ascertained and declared agreeably to
the Constitution.

Sec. 6. _And be it further enacted_, That in case there shall be no
President of the Senate at the seat of Government on the arrival of the
persons intrusted with the list of the votes of the electors, then such
persons shall deliver the lists of votes in their custody into the
office of the Secretary of State, to be safely kept and delivered over
as soon as may be to the President of the Senate.

* * * * *

Sec. 8. _And be it further enacted_, That if any person appointed to
deliver the votes of the electors to the President of the Senate shall,
after accepting of his appointment, neglect to perform the services
required of him by this act, he shall forfeit the sum of $1,000.

[Extract from "An act making compensation to the persons appointed by the electors to deliver the votes for President and Vice-President," approved February 11, 1825.]

_Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled_, That the person appointed by
the electors to deliver to the President of the Senate a list of the
votes for President and Vice-President shall be allowed, on delivery of
said list, 25 cents for every mile of the estimated distance by the most
usual route from the place of meeting of the electors to the seat of
Government of the United States, going and returning.

[Extract from "An act relative to the election of a President and Vice-President of the United States, and declaring the officer who shall act as President in case of vacancies in the offices both of President and Vice-President," approved March 1, 1792.]

Sec. 12. _And be it further enacted_, That the term of four years for
which a President and Vice-President shall be elected shall in all cases
commence on the 4th day of March next succeeding the day on which the
votes of the electors shall have been given.

["An act to prevent officers of the Army and Navy, and other persons engaged in the military and naval service of the United States, from interfering in elections in the States," approved February 25, 1865.]

_Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled_, That it shall not be lawful
for any military or naval officer of the United States, or other person
engaged in the civil, military, or naval service of the United States,
to order, bring, keep, or have under his authority or control any troops
or armed men at the place where any general or special election is
held in any State of the United States of America, unless it shall be
necessary to repel the armed enemies of the United States or to keep the
peace at the polls. And that it shall not be lawful for any officer of
the Army or Navy of the United States to prescribe or fix, or attempt
to prescribe or fix, by proclamation, order, or otherwise, the
qualifications of voters in any State of the United States of America,
or in any manner to interfere with the freedom of any election in any
State or with the exercise of the free right of suffrage in any State of
the United States. Any officer of the Army or Navy of the United States,
or other person engaged in the civil, military, or naval service of the
United States, who violates this section of this act shall for every
such offense be liable to indictment as for a misdemeanor in any court
of the United States having jurisdiction to hear, try, and determine
cases of misdemeanor, and on conviction thereof shall pay a fine not
exceeding $5,000 and suffer imprisonment in the penitentiary not less
than three months nor more than five years, at the discretion of the
court trying the same; and any person convicted as aforesaid shall,
moreover, be disqualified from holding any office of honor, profit,
or trust under the Government of the United States: _Provided_, That
nothing herein contained shall be so construed as to prevent any
officers, soldiers, sailors, or marines from exercising the right of
suffrage in any election district to which he may belong, if otherwise
qualified according to the laws of the State in which he shall offer
to vote.

Sec. 2. _And be it further enacted_, That any officer or person in
the military or naval service of the United States who shall order or
advise, or who shall, directly or indirectly, by force, threat, menace,
intimidation, or otherwise, prevent or attempt to prevent any qualified
voter of any State of the United States of America from freely
exercising the right of suffrage at any general or special election
in any State of the United States, or who shall in like manner compel
or attempt to compel any officer of an election in any such State to
receive a vote from a person not legally qualified to vote, or who shall
impose or attempt to impose any rules or regulations for conducting such
election different from those prescribed by law, or interfere in any
manner with any officer of said election in the discharge of his duties,
shall for any such offense be liable to indictment as for a misdemeanor
in any court of the United States having jurisdiction to hear, try, and
determine cases of misdemeanor, and on conviction thereof shall pay a
fine of not exceeding $5,000 and suffer imprisonment in the penitentiary
not exceeding five years, at the discretion of the court trying the
same; and any person convicted as aforesaid shall, moreover, be
disqualified from holding any office of honor, profit, or trust under
the Government of the United States.

By command of General Grant:

E.D. TOWNSEND,

_Assistant Adjutant-General_.

WAR DEPARTMENT, _Washington City, November 4, 1868_.

By direction of the President, Brevet Major-General E.R.S. Canby is hereby assigned to the command of the Fifth Military District, created by the act of Congress of March 2, 1867, and of the Military Department of Texas, consisting of the State of Texas. He will, without unnecessary delay, turn over his present command to the next officer in rank and proceed to the command to which he is hereby assigned, and on assuming the same will, when necessary to a faithful execution of the laws, exercise any and all powers conferred by acts of Congress upon district commanders and any and all authority pertaining to officers in command of military departments.

Brevet Major-General J.J. Reynolds is hereby relieved from the command of the Fifth Military District.

J.M. SCHOFIELD,

_Secretary of War_.

FOURTH ANNUAL MESSAGE.

WASHINGTON, _December 9, 1868_.

_Fellow-Citizens of the Senate and House of Representatives_:

Upon the reassembling of Congress it again becomes my duty to call your attention to the state of the Union and to its continued disorganized condition under the various laws which have been passed upon the subject of reconstruction.

It may be safely assumed as an axiom in the government of states that the greatest wrongs inflicted upon a people are caused by unjust and arbitrary legislation, or by the unrelenting decrees of despotic rulers, and that the timely revocation of injurious and oppressive measures is the greatest good that can be conferred upon a nation. The legislator or ruler who has the wisdom and magnanimity to retrace his steps when convinced of error will sooner or later be rewarded with the respect and gratitude of an intelligent and patriotic people.

Our own history, although embracing a period less than a century, affords abundant proof that most, if not all, of our domestic troubles are directly traceable to violations of the organic law and excessive legislation. The most striking illustrations of this fact are furnished by the enactments of the past three years upon the question of reconstruction. After a fair trial they have substantially failed and proved pernicious in their results, and there seems to be no good reason why they should longer remain upon the statute book. States to which the Constitution guarantees a republican form of government have been reduced to military dependencies, in each of which the people have been made subject to the arbitrary will of the commanding general. Although the Constitution requires that each State shall be represented in Congress, Virginia, Mississippi, and Texas are yet excluded from the two Houses, and, contrary to the express provisions of that instrument, were denied participation in the recent election for a President and Vice-President of the United States. The attempt to place the white population under the domination of persons of color in the South has impaired, if not destroyed, the kindly relations that had previously existed between them; and mutual distrust has engendered a feeling of animosity which, leading in some instances to collision and bloodshed, has prevented that cooperation between the two races so essential to the success of industrial enterprise in the Southern States. Nor have the inhabitants of those States alone suffered from the disturbed condition of affairs growing out of these Congressional enactments. The entire Union has been agitated by grave apprehensions of troubles which might again involve the peace of the nation; its interests have been injuriously affected by the derangement of business and labor, and the consequent want of prosperity throughout that portion of the country.

The Federal Constitution--the _magna charta_ of American rights, under whose wise and salutary provisions we have successfully conducted all our domestic and foreign affairs, sustained ourselves in peace and in war, and become a great nation among the powers of the earth--must assuredly be now adequate to the settlement of questions growing out of the civil war, waged alone for its vindication. This great fact is made most manifest by the condition of the country when Congress assembled in the month of December, 1865. Civil strife had ceased, the spirit of rebellion had spent its entire force, in the Southern States the people had warmed into national life, and throughout the whole country a healthy reaction in public sentiment had taken place. By the application of the simple yet effective provisions of the Constitution the executive department, with the voluntary aid of the States, had brought the work of restoration as near completion as was within the scope of its authority, and the nation was encouraged by the prospect of an early and satisfactory adjustment of all its difficulties. Congress, however, intervened, and, refusing to perfect the work so nearly consummated, declined to admit members from the unrepresented States, adopted a series of measures which arrested the progress of restoration, frustrated all that had been so successfully accomplished, and, after three years of agitation and strife, has left the country further from the attainment of union and fraternal feeling than at the inception of the Congressional plan of reconstruction. It needs no argument to show that legislation which has produced such baneful consequences should be abrogated, or else made to conform to the genuine principles of republican government.

Under the influence of party passion and sectional prejudice, other acts have been passed not warranted by the Constitution. Congress has already been made familiar with my views respecting the "tenure-of-office bill." Experience has proved that its repeal is demanded by the best interests of the country, and that while it remains in force the President can not enjoin that rigid accountability of public officers so essential to an honest and efficient execution of the laws. Its revocation would enable the executive department to exercise the power of appointment and removal in accordance with the original design of the Federal Constitution.

The act of March 2, 1867, making appropriations for the support of the Army for the year ending June 30, 1868, and for other purposes, contains provisions which interfere with the President's constitutional functions as Commander in Chief of the Army and deny to States of the Union the right to protect themselves by means of their own militia. These provisions should be at once annulled; for while the first might, in times of great emergency, seriously embarrass the Executive in efforts to employ and direct the common strength of the nation for its protection and preservation, the other is contrary to the express declaration of the Constitution that "a well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed."

It is believed that the repeal of all such laws would be accepted by the American people as at least a partial return to the fundamental principles of the Government, and an indication that hereafter the Constitution is to be made the nation's safe and unerring guide. They can be productive of no permanent benefit to the country, and should not be permitted to stand as so many monuments of the deficient wisdom which has characterized our recent legislation.

The condition of our finances demands the early and earnest consideration of Congress. Compared with the growth of our population, the public expenditures have reached an amount unprecedented in our history.

The population of the United States in 1790 was nearly 4,000,000 people. Increasing each decade about 33 per cent, it reached in 1860 31,000,000, an increase of 700 per cent on the population in 1790. In 1869 it is estimated that it will reach 38,000,000, or an increase of 868 per cent in seventy-nine years.

The annual expenditures of the Federal Government in 1791 were $4,200,000; in 1820, $13,200,000; in 1850, forty-one millions; in 1860, sixty-three millions; in 1865, nearly thirteen hundred millions; and in 1869 it is estimated by the Secretary of the Treasury, in his last annual report, that they will be three hundred and seventy-two millions.

By comparing the public disbursements of 1869, as estimated, with those of 1791, it will be seen that the increase of expenditure since the beginning of the Government has been 8,618 per cent, while the increase of the population for the same period was only 868 per cent. Again, the expenses of the Government in 1860, the year of peace immediately preceding the war, were only sixty-three millions, while in 1869, the year of peace three years after the war, it is estimated they will be three hundred and seventy-two millions, an increase of 489 per cent, while the increase of population was only 21 per cent for the same period.

These statistics further show that in 1791 the annual national expenses, compared with the population, were little more than $1 per capita, and in 1860 but $2 per capita; while in 1869 they will reach the extravagant sum of $9.78 per capita.

It will be observed that all these statements refer to and exhibit the disbursements of peace periods. It may, therefore, be of interest to compare the expenditures of the three war periods--the war with Great Britain, the Mexican War, and the War of the Rebellion.

In 1814 the annual expenses incident to the War of 1812 reached their highest amount--about thirty-one millions--while our population slightly exceeded 8,000,000, showing an expenditure of only $3.80 per capita. In 1847 the expenditures growing out of the war with Mexico reached fifty-five millions, and the population about 21,000,000, giving only $2.60 per capita for the war expenses of that year. In 1865 the expenditures called for by the rebellion reached the vast amount of twelve hundred and ninety millions, which, compared with a population of 34,000,000, gives $38.20 per capita.

From the 4th day of March, 1789, to the 30th of June, 1861, the entire expenditures of the Government were $1,700,000,000. During that period we were engaged in wars with Great Britain and Mexico, and were involved in hostilities with powerful Indian tribes; Louisiana was purchased from France at a cost of $15,000,000; Florida was ceded to us by Spain for five millions; California was acquired from Mexico for fifteen millions, and the territory of New Mexico was obtained from Texas for the sum of ten millions. Early in 1861 the War of the Rebellion commenced; and from the 1st of July of that year to the 30th of June, 1865, the public expenditures reached the enormous aggregate of thirty-three hundred millions. Three years of peace have intervened, and during that time the disbursements of the Government have successively been five hundred and twenty millions, three hundred and forty-six millions, and three hundred and ninety-three millions. Adding to these amounts three hundred and seventy-two millions, estimated as necessary for the fiscal year ending the 30th of June, 1869, we obtain a total expenditure of $1,600,000,000 during the four years immediately succeeding the war, or nearly as much as was expended during the seventy-two years that preceded the rebellion and embraced the extraordinary expenditures already named.

These startling facts clearly illustrate the necessity of retrenchment in all branches of the public service. Abuses which were tolerated during the war for the preservation of the nation will not be endured by the people, now that profound peace prevails. The receipts from internal revenues and customs have during the past three years gradually diminished, and the continuance of useless and extravagant expenditures will involve us in national bankruptcy, or else make inevitable an increase of taxes, already too onerous and in many respects obnoxious on account of their inquisitorial character. One hundred millions annually are expended for the military force, a large portion of which is employed in the execution of laws both unnecessary and unconstitutional; one hundred and fifty millions are required each year to pay the interest on the public debt; an army of taxgatherers impoverishes the nation, and public agents, placed by Congress beyond the control of the Executive, divert from their legitimate purposes large sums of money which they collect from the people in the name of the Government. Judicious legislation and prudent economy can alone remedy defects and avert evils which, if suffered to exist, can not fail to diminish confidence in the public councils and weaken the attachment and respect of the people toward their political institutions. Without proper care the small balance which it is estimated will remain in the Treasury at the close of the present fiscal year will not be realized, and additional millions be added to a debt which is now enumerated by billions.

It is shown by the able and comprehensive report of the Secretary of the Treasury that the receipts for the fiscal year ending June 30, 1868, were $405,638,083, and that the expenditures for the same period were $377,340,284, leaving in the Treasury a surplus of $28,297,798. It is estimated that the receipts during the present fiscal year, ending June 30, 1869, will be $341,392,868 and the expenditures $336,152,470, showing a small balance of $5,240,398 in favor of the Government. For the fiscal year ending June 30, 1870, it is estimated that the receipts will amount to $327,000,000 and the expenditures to $303,000,000, leaving an estimated surplus of $24,000,000.

It becomes proper in this connection to make a brief reference to our public indebtedness, which has accumulated with such alarming rapidity and assumed such colossal proportions.

In 1789, when the Government commenced operations under the Federal Constitution, it was burdened with an indebtedness of $75,000,000, created during the War of the Revolution. This amount had been reduced to $45,000,000 when, in 1812, war was declared against Great Britain. The three years' struggle that followed largely increased the national obligations, and in 1816 they had attained the sum of $127,000,000. Wise and economical legislation, however, enabled the Government to pay the entire amount within a period of twenty years, and the extinguishment of the national debt filled the land with rejoicing and was one of the great events of President Jackson's Administration. After its redemption a large fund remained in the Treasury, which was deposited for safe-keeping with the several States, on condition that it should be returned when required by the public wants. In 1849--the year after the termination of an expensive war with Mexico--we found ourselves involved in a debt of $64,000,000; and this was the amount owed by the Government in 1860, just prior to the outbreak of the rebellion. In the spring of 1861 our civil war commenced. Each year of its continuance made an enormous addition to the debt; and when, in the spring of 1865, the nation successfully emerged from the conflict, the obligations of the Government had reached the immense sum of $2,873,992,909. The Secretary of the Treasury shows that on the 1st day of November, 1867, this amount had been reduced to $2,491,504,450; but at the same time his report exhibits an increase during the past year of $35,625,102, for the debt on the 1st day of November last is stated to have been $2,527,129,552. It is estimated by the Secretary that the returns for the past month will add to our liabilities the further sum of $11,000,000, making a total increase during thirteen months of $46,500,000.

In my message to Congress December 4, 1865, it was suggested that a policy should be devised which, without being oppressive to the people, would at once begin to effect a reduction of the debt, and, if persisted in, discharge it fully within a definite number of years. The Secretary of the Treasury forcibly recommends legislation of this character, and justly urges that the longer it is deferred the more difficult must become its accomplishment. We should follow the wise precedents established in 1789 and 1816, and without further delay make provision for the payment of our obligations at as early a period as may be practicable. The fruits of their labors should be enjoyed by our citizens rather than used to build up and sustain moneyed monopolies in our own and other lands. Our foreign debt is already computed by the Secretary of the Treasury at $850,000,000; citizens of foreign countries receive interest upon a large portion of our securities, and American taxpayers are made to contribute large sums for their support. The idea that such a debt is to become permanent should be at all times discarded as involving taxation too heavy to be borne, and payment once in every sixteen years, at the present rate of interest, of an amount equal to the original sum. This vast debt, if permitted to become permanent and increasing, must eventually be gathered into the hands of a few, and enable them to exert a dangerous and controlling power in the affairs of the Government. The borrowers would become servants to the lenders, the lenders the masters of the people. We now pride ourselves upon having given freedom to 4,000,000 of the colored race; it will then be our shame that 40,000,000 of people, by their own toleration of usurpation and profligacy, have suffered themselves to become enslaved, and merely exchanged slave owners for new taskmasters in the shape of bondholders and taxgatherers. Besides, permanent debts pertain to monarchical governments, and, tending to monopolies, perpetuities, and class legislation, are totally irreconcilable with free institutions. Introduced into our republican system, they would gradually but surely sap its foundations, eventually subvert our governmental fabric, and erect upon its ruins a moneyed aristocracy. It is our sacred duty to transmit unimpaired to our posterity the blessings of liberty which were bequeathed to us by the founders of the Republic, and by our example teach those who are to follow us carefully to avoid the dangers which threaten a free and independent people.