Chapter X: The Congress of 1861-2

The Military Situation--Seizure of Mason and Slidell--Opposition
to the Administration--President’s Message--Financial
Legislation--Committee on the Conduct of the War--Confiscation
Bill.

At the time of the re-assembling of Congress, December 2d, 1861, the military situation was by no means as promising as the liberal expenditure of money and the earnest efforts of the Administration toward a vigorous prosecution of the war might have led the people to expect. True, the National Capitol had been protected, and Maryland, West Virginia, Kentucky, and Missouri had not, as had been at various times threatened, been brought in subjection to the rebels. Nothing more, however--though this would have been judged no little, had the people been less sanguine of great results immediately at hand--than this had been accomplished in the East; and in the West, large rebel forces threatened Kentucky and Missouri, and the Mississippi river was in their possession from its mouth to within a short distance of the mouth of the Ohio.

The seizure of the emissaries, Mason and Slidell likewise--though afterwards disposed of by the Government in such a way as to secure the acquiescence of the nation--taken in connection with the position assumed by the British Government--in every way unpalatable to the mass of the people--seemed likely to entangle us in foreign complications exceedingly undesirable at that juncture. It was generally believed that England and France, while neutral on the surface, were in reality affording very material aid and comfort to the rebel cause, our commercial interests being very seriously impaired by the construction which those powers saw fit to place upon their duties as neutrals.

Efforts, moreover, were making to organize a formidable party in antagonism to the Administration, comprising the loose ends of every class of malcontents; those who had always opposed the war, though for a time cowed down by the outburst which followed the fall of Sumter; those who were satisfied that no more progress had been made; those who were inclined, constitutionally, to oppose any thing which any Administration, under any circumstances, might do; those who were beginning to tire of the war, and were ready to patch matters up in any way, so only that it should come to an end; and those who were on the alert for some chance whereby to make capital, political or pecuniary, for their own dear selves.

As a whole, affairs were by no means a cheering aspect at the opening of this Session.

That the President was fully alive to the true state of the case, the views announced in the following message clearly show:

“FELLOW-CITIZENS OF THE SENATE AND HOUSE OF REPRESENTATIVES:--In
the midst of unprecedented political troubles, we have cause of
great gratitude to God for unusual good health and most abundant
harvests.

“You will not be surprised to learn that, in the peculiar exigences
of the times, our intercourse with foreign nations has been
attended with profound solicitude, chiefly turning upon our own
domestic affairs.

“A disloyal portion of the American people have, during the whole
year, been engaged in an attempt to divide and destroy the Union.
A nation which endures factious domestic division, is exposed to
disrespect abroad; and one party, if not both, is sure, sooner or
later, to invoke foreign intervention.

“Nations thus tempted to interfere, are not always able to resist
the counsels of seeming expediency and ungenerous ambition,
although measures adopted under such influences seldom fail to be
unfortunate and injurious to those adopting them.

“The disloyal citizens of the United States who have offered the
ruin of our country, in return for the aid and comfort which they
have invoked abroad, have received less patronage and encouragement
than they probably expected. If it were just to suppose, as the
insurgents have seemed to assume, that foreign nations, in this
case, discarding all moral, social and treaty obligations, would
act solely, and selfishly, for the most speedy restoration of
commerce, including, especially, the acquisition of cotton, those
nations appear, as yet, not to have seen their way to their objects
more directly, or clearly, through the destruction than through
the preservation of the Union. If we could dare to believe that
foreign nations are actuated by no higher principle than this, I am
quite sure a sound argument could be made to show them that they
can reach their aim more readily and easily by aiding to crush this
rebellion than by giving encouragement to it.

“The principal lever relied on by the insurgents for exciting
foreign nations to hostility against us, as already intimated,
is the embarrassment of commerce. Those nations, however, not
improbably, saw from the first, that it was the Union which made,
as well our foreign, as our domestic commerce. They can scarcely
have failed to perceive that the effort for disunion produces
the existing difficulty; and that one strong nation promises
more durable peace, and a more extensive, valuable and reliable
commerce, than can the same nation broken into hostile fragments.

“It is not my purpose to review our discussions with foreign
States; because whatever might be their wishes or dispositions, the
integrity of our country and the stability of our Government mainly
depend, not upon them, but on the loyalty, virtue, patriotism and
intelligence of the American people. The correspondence itself,
with the usual reservations, is herewith submitted.

“I venture to hope it will appear that we have practiced prudence
and liberality toward foreign powers, averting causes of
irritation, and with firmness maintaining our own rights and honor.

“Since, however, it is apparent that here, as in every other
State, foreign dangers necessarily attend domestic difficulties,
I recommend that adequate and ample measures be adopted for
maintaining the public defences on every side. While, under this
general recommendation, provision for defending our sea-coast line
readily occurs to the mind, I also, in the same connection, ask the
attention of Congress to our great lakes and rivers. It is believed
that some fortifications and depots of arms and munitions, with
harbor and navigation improvements, all at well-selected points
upon these, would be of great importance to the National defence
and preservation. I ask attention to the views of the Secretary of
War, expressed in his report, upon the same general subject.

“I deem it of importance that the loyal regions of East Tennessee
and Western North Carolina should be connected with Kentucky,
and other faithful parts of the Union, by railroad. I therefore
recommend, as a military measure, that Congress provide for the
construction of such road as speedily as possible. Kentucky, no
doubt, will co-operate, and, through her Legislature, make the most
judicious selection of a line. The northern terminus must connect
with some existing railroad; and whether the route shall be from
Lexington or Nicholasville to the Cumberland Gap, or from Lebanon
to the Tennessee line, in the direction of Knoxville, or on some
still different line, can easily be determined. Kentucky and the
General Government coöperating, the work can be completed in a very
short time; and when done, it will be not only of vast present
usefulness, but also a valuable permanent improvement, worth its
cost in all the future.

“Some treaties, designed chiefly for the interests of commerce, and
having no grave political importance, have been negotiated, and
will be submitted to the Senate for their consideration.

“Although we have failed to induce some of the commercial powers
to adopt a desirable amelioration of the rigor of maritime war, we
have removed all obstructions from the way of this humane reform,
except such as are merely of temporary and accidental occurrence.

“I invite your attention to the correspondence between Her
Britannic Majesty’s Minister, accredited to this Government, and
the Secretary of State, relative to the detention of the British
ship Perthshire, in June last, by the United States steamer
Massachusetts, for a supposed breach of the blockade. As this
detention was occasioned by an obvious misapprehension of the
facts, and as justice requires that we should commit no belligerent
act not founded in strict right, as sanctioned by public law, I
recommend that an appropriation be made to satisfy the reasonable
demand of the owners of the vessel for her detention.

“I repeat the recommendation of my predecessor, in his annual
message to Congress in December last, in regard to the disposition
of the surplus which will probably remain after satisfying the
claims of the American citizens against China, pursuant to the
awards of the commissioners under the act of the 3d of March,
1859. If, however, it should not be deemed advisable to carry that
recommendation into effect, I would suggest that authority be given
for investing the principal, over the proceeds of the surplus
referred to, in good securities, with a view to the satisfaction
of such other just claims of our citizens against China as are not
unlikely to arise hereafter in the course of our extensive trade
with that empire.

“By the act of the 5th of August last, Congress authorized the
President to instruct the commanders of suitable vessels to defend
themselves against and to capture pirates. This authority has
been exercised in a single instance only. For the more effectual
protection of our extensive and valuable commerce, in the Eastern
seas especially, it seems to me that it would also be advisable
to authorize the commanders of sailing vessels to recapture any
prizes which pirates may make of United States vessels and their
cargoes, and the consular courts, now established by law in Eastern
countries, to adjudicate the cases, in the event that this should
not be objected to by the local authorities.

“If any good reason exists why we should persevere longer in
withholding our recognition of the independence and sovereignty
of Hayti and Liberia, I am unable to discern it. Unwilling,
however, to inaugurate a novel policy in regard to them without
the approbation of Congress, I submit for your consideration the
expediency of an appropriation for maintaining a charge d’affaires
near each of those new States. It does not admit of doubt that
important commercial advantages might be secured by favorable
treaties with them.

“The operations of the treasury during the period which has elapsed
since your adjournment, have been conducted with signal success.
The patriotism of the people has placed at the disposal of the
Government the large means demanded by the public exigencies. Much
of the national loan has been taken by citizens of the industrial
classes, whose confidence in their country’s faith, and zeal for
their country’s deliverance from present peril, have induced them
to contribute to the support of the Government the whole of their
limited acquisitions. This fact imposes peculiar obligations to
economy in disbursement, and energy in action.

“The revenue from all sources, including loans, for the financial
year ending on the 30th of June, 1861, was eighty-six million
eight hundred and thirty-five thousand nine hundred dollars and
twenty-seven cents, and the expenditures for the same period,
including payments on account of the public debt, were eighty-four
million five hundred and seventy-eight thousand eight hundred and
thirty-four dollars and forty-seven cents; leaving a balance in
the treasury on the 1st of July of two million two hundred and
fifty-seven thousand sixty-five dollars and eighty cents. For
the first quarter of the financial year, ending on the 30th of
September, 1861, the receipts from all sources, including the
balance of the 1st of July, were one hundred and two million five
hundred and thirty-two thousand five hundred and nine dollars and
twenty-seven cents, and the expenses ninety-eight million two
hundred and thirty-nine thousand seven hundred and thirty-three
dollars and nine cents; leaving a balance on the 1st of October,
1861, of four million two hundred and ninety-two thousand seven
hundred and seventy-six dollars and eighteen cents.

“Estimates for the remaining three-quarters of the year, and for
the financial year 1863, together with his views of ways and means
for meeting the demands contemplated by them, will be submitted
to Congress by the Secretary of the Treasury. It is gratifying to
know that the expenditures made necessary by the rebellion are not
beyond the resources of the loyal people, and to believe that the
same patriotism which has thus far sustained the Government will
continue to sustain it till peace and Union shall again bless the
land.

“I respectfully refer to the report of the Secretary of War for
information respecting the numerical strength of the Army, and for
recommendations having in view an increase of its efficiency and
the well-being of the various branches of the service intrusted
to his care. It is gratifying to know that the patriotism of the
people has proved equal to the occasion, and that the number of
troops tendered greatly exceeds the force which Congress authorized
me to call into the field.

“I refer with pleasure to those portions of his report which make
allusion to the creditable degree of discipline already attained by
our troops, and to the excellent sanitary condition of the entire
army.

“The recommendation of the Secretary for an organization of the
militia upon a uniform basis is a subject of vital importance to
the future safety of the country, and is commended to the serious
attention of Congress.

“The large addition to the regular army, in connection with the
defection that has so considerably diminished the number of its
officers, gives peculiar importance to his recommendation for
increasing the corps of cadets to the greatest capacity of the
Military Academy.

“By mere omission, I presume, Congress has failed to provide
chaplains for hospitals occupied by volunteers. This subject was
brought to my notice, and I was induced to draw up the form of a
letter, one copy of which, properly addressed, has been delivered
to each of the persons, and at the dates respectively named and
stated, in a schedule, containing also the form of the letter,
marked A, and herewith transmitted.

“These gentlemen, I understand, entered upon the duties designated,
at the times respectively stated in the schedule, and have labored
faithfully therein ever since. I therefore recommend that they be
compensated at the same rate as chaplains in the army. I further
suggest that general provision be made for chaplains to serve at
hospitals, as well as with regiments.

“The report of the Secretary of the Navy presents in detail the
operations of that branch of the service, the activity and energy
which have characterized its administration, and the results of
measures to increase its efficiency and power. Such have been the
additions, by construction and purchase, that it may almost be
said a navy has been created and brought into service since our
difficulties commenced.

“Besides blockading our extensive coast, squadrons larger than
ever before assembled under our flag have been put afloat, and
performed deeds which have increased our naval renown.

“I would invite special attention to the recommendation of
the Secretary for a more perfect organization of the Navy by
introducing additional grades in the service.

“The present organization is defective and unsatisfactory, and the
suggestions submitted by the Department will, it is believed, if
adopted, obviate the difficulties alluded to promote harmony, and
increase the efficiency of the Navy.

“There are three vacancies on the bench of the Supreme Court--two
by the decease of Justices Daniel and McLean, and one by the
resignation of Justice Campbell. I have so far forborne making
nominations to fill these vacancies for reasons which I will now
state. Two of the outgoing judges resided within the States now
overrun by revolt; so that if successors were appointed in the
same localities, they could not now serve upon their circuits;
and many of the most competent men there probably would not take
the personal hazard of accepting to serve, even here, upon the
Supreme Bench. I have been unwilling to throw all the appointments
northward, thus disabling myself from doing justice to the South on
the return of peace; although I may remark that to transfer to the
North one which has heretofore been in the South would not, with
reference to territory and population, be unjust.

“During the long and brilliant judicial career of Judge McLean, his
circuit grew into an empire--altogether too large for any one judge
to give the courts therein more than a nominal attendance--rising
in population from one million four hundred and seventy thousand
and eighteen, in 1830, to six million one hundred and fifty-one
thousand four hundred and five, in 1860.

“Besides this, the country generally has outgrown our present
judicial system. If uniformity was at all intended, the system
requires that all the States shall be accommodated with circuit
courts, attended by supreme judges, while, in fact, Wisconsin,
Minnesota, Iowa, Kansas, Florida, Texas, California, and Oregon,
have never had any such courts. Nor can this well be remedied
without a change in the system; because the adding of judges to
the Supreme Court, enough for the accommodation of all parts of
the country, with circuit courts, would create a court altogether
too numerous for a judicial body of any sort. And the evil, if it
be one, will increase as new States come into the Union. Circuit
courts are useful, or they are not useful; if useful, no State
should be denied them; if not useful, no State should have them.
Let them be provided for all, or abolished as to all.

“Three modifications occur to me, either of which, I think, would
be an improvement upon our present system. Let the Supreme Court
be of convenient number in every event. Then, first, let the
whole country be divided into circuits of convenient size, the
supreme judges to serve in a number of them corresponding to their
own number, and independent circuit judges be provided for all
the rest. Or, secondly, let the supreme judges be relieved from
circuit duties, and circuit judges provided for all the circuits.
Or, thirdly, dispense with circuit courts altogether, leaving
the judicial functions wholly to the district courts, and an
independent Supreme Court.

“I respectfully recommend to the consideration of Congress the
present condition of the statute laws, with the hope that Congress
will be able to find an easy remedy for many of the inconveniences
and evils which constantly embarrass those engaged in the practical
administration of them. Since the organization of the Government,
Congress has enacted some five thousand acts and joint resolutions,
which fill more than six thousand closely printed pages, and are
scattered through many volumes. Many of these acts have been drawn
in haste and without sufficient caution, so that their provisions
are often obscure in themselves, or in conflict with each other, or
at least so doubtful as to render it very difficult for even the
best informed persons to ascertain precisely what the statute law
really is.

“It seems to me very important that the statute laws should be made
as plain and intelligible as possible, and be reduced to as small a
compass as may consist with the fulness and precision of the will
of the legislature and the perspicuity of its language. This well
done, would, I think, greatly facilitate the labors of those whose
duty it is to assist in the administration of the laws, and would
be a lasting benefit to the people, by placing before them in a
more accessible and intelligible form, the laws which so deeply
concern their interests and their duties.

“I am informed by some whose opinions I respect, that all the acts
of Congress now in force, and of a permanent and general nature,
might be revised and re-written, so as to be embraced in one volume
(or at most, two volumes) of ordinary and convenient size. And I
respectfully recommend to Congress to consider the subject, and, if
my suggestion be approved, to devise such plan as to their wisdom
shall seem most proper for the attainment of the end proposed.

“One of the unavoidable consequences of the present insurrection,
is the entire suppression, in many places, of all the ordinary
means of administering civil justice by the officers and in the
forms of existing law. This is the case, in whole or in part, in
all insurgent States; and as our armies advance upon and take
possession of parts of those States the practical evil becomes more
apparent. There are no courts nor officers to whom the citizens of
other States may apply for the enforcement of their lawful claims
against citizens of the insurgent States; and there is a vast
amount of debt constituting such claims. Some have estimated it
as high as two hundred million dollars, due in large part, from
insurgents in open rebellion to loyal citizens, who are even now
making great sacrifices in the discharge of their patriotic duty,
to support the Government.

“Under these circumstances, I have been urgently solicited to
establish by military power, courts to administer summary justice
in such cases. I have thus far declined to do it, not because I had
any doubt that the end proposed--the collection of the debts--was
just and right in itself, but because I have been unwilling to go
beyond the pressure of necessity in the unusual exercise of power.
But the powers of Congress, I suppose, are equal to the anomalous
occasion, and therefore I refer the whole matter to Congress, with
the hope that a plan may be devised for the administration of
justice in all such parts of the insurgent States and Territories
as may be under the control of this Government, whether by a
voluntary return to allegiance and order, or by the power of our
arms. This, however, not to be a permanent institution, but a
temporary substitute, and to cease as soon as the ordinary courts
can be re-established in peace.

“It is important that some more convenient means should be
provided, if possible, for the adjustment of claims against the
Government, especially in view of their increased number by
reason of the war. It is as much the duty of Government to render
prompt justice against itself, in favor of citizens, as it is to
administer the same between private individuals. The investigation
and adjudication of claims, in their nature, belong to the judicial
department; besides, it is apparent that the attention of Congress
will be more than usually engaged for some time to come with great
national questions. It was intended, by the organization of the
Court of Claims, mainly to remove this branch of business from
the halls of Congress; but while the court has proved to be an
effective and valuable means of investigation, it in a great degree
fails to effect the object of its creation for want of power to
make its judgments final.

“Fully aware of the delicacy, not to say the danger, of the
subject, I commend to your careful consideration whether this power
of making judgments final may not properly be given to the court,
reserving the right of appeal on questions of law to the Supreme
Court, with such other provisions as experience may have shown to
be necessary.

“I ask attention to the report of the Postmaster General, the
following being a summary statement of the condition of the
department:

“The revenue from all sources during the fiscal year ending June
30th, 1861, including the annual permanent appropriation of seven
hundred thousand dollars for the transportation of ‘free mail
matter,’ was nine million forty-nine thousand two hundred and
ninety-six dollars and forty cents, being about two per cent. less
than the revenue for 1860.

“The expenditures were thirteen million six hundred and six
thousand seven hundred and fifty-nine dollars and eleven cents,
showing a decrease of more than eight per cent. as compared with
those of the previous year, and leaving an excess of expenditure
over the revenue for the last fiscal year of four million five
hundred and fifty-seven thousand four hundred and sixty-two dollars
and seventy-one cents.

“The gross revenue for the year ending June 30th, 1863, is
estimated at an increase of four per cent. on that of 1861, making
eight million six hundred and eighty-three thousand dollars, to
which should be added the earnings of the department in carrying
free matter, viz: seven hundred thousand dollars, making nine
million three hundred and eighty-three thousand dollars.

“The total expenditures for 1863 are estimated at twelve million
five hundred and twenty-eight thousand dollars, leaving an
estimated deficiency of three million one hundred and forty-five
thousand dollars to be supplied from the treasury, in addition to
the permanent appropriation.

“The present insurrection shows, I think, that the extension of
this District across the Potomac river, at the time of establishing
the capital here, was eminently wise, and consequently that the
relinquishment of that portion of it which lies within the State of
Virginia was unwise and dangerous. I submit for your consideration
the expediency of regaining that part of the District, and
the restoration of the original boundaries thereof, through
negotiations with the state of Virginia.

“The report of the Secretary of the Interior, with the accompanying
documents, exhibits the condition of the several branches of the
public business pertaining to that department. The depressing
influences of the insurrection have been specially felt in the
operations of the Patent and General Land Offices. The cash
receipts from the sales of public lands during the past year have
exceeded the expenses of our land system only about two hundred
thousand dollars. The sales have been entirely suspended in the
Southern States, while the interruptions to the business of the
country, and the diversions of large numbers of men from labor to
military service, have obstructed settlements in the new States and
Territories of the North-west.

“The receipts of the Patent Office have declined in nine months
about one hundred thousand dollars, rendering a large reduction of
the force employed necessary to make it self-sustaining.

“The demands upon the Pension Office will be largely increased by
the insurrection. Numerous applications for pensions, based upon
the casualties of the existing war, have already been made. There
is reason to believe that many who are now upon the pension rolls,
and in receipt of the bounty of the Government, are in the ranks of
the insurgent army, or giving them aid and comfort. The Secretary
of the Interior has directed a suspension of the payment of the
pensions of such persons upon the proof of their disloyalty. I
recommend that Congress authorize that officer to cause the names
of such persons to be stricken from the pension rolls.

“The relations of the Government with the Indian tribes have been
greatly disturbed by the insurrection, especially in the Southern
Superintendency and in that of New Mexico. The Indian country
south of Kansas is in the possession of insurgents from Texas and
Arkansas. The agents of the United States appointed since the
4th of March for this superintendency have been unable to reach
their posts, while the most of those who were in office before
that time have espoused the insurrectionary cause, and assume to
exercise the powers of agents by virtue of commissions from the
insurrectionists. It has been stated in the public press that a
portion of those Indians have been organized as a military force,
and are attached to the army of the insurgents. Although the
Government has no official information upon this subject, letters
have been written to the Commissioner of Indian Affairs by several
prominent chiefs, giving assurance of their loyalty to the United
States, and expressing a wish for the presence of Federal troops
to protect them. It is believed that upon the repossession of the
country by the Federal forces the Indians will readily cease all
hostile demonstrations, and resume their former relations to the
Government.

“Agriculture, confessedly the largest interest of the nation, has
not a department, nor a bureau, but a clerkship only, assigned
to it in the Government. While it is fortunate that this great
interest is so independent in its nature as to not have demanded
and extorted more from the Government, I respectfully ask Congress
to consider whether something more can not be given voluntarily
with general advantage.

“Annual reports exhibiting the condition of our agriculture,
commerce, and manufactures, would present a fund of information of
great practical value to the country. While I make no suggestion
as to details, I venture the opinion that an agricultural and
statistical bureau might profitably be organized.

“The execution of the laws for the suppression of the African
slave-trade has been confided to the Department of the Interior.
It is a subject of gratulation that the efforts which have been
made for the suppression of this inhuman traffic have been recently
attended with unusual success. Five vessels being fitted out for
the slave-trade have been seized and condemned. Two mates of
vessels engaged in the trade, and one person in equipping a vessel
as a slaver, have been convicted and subjected to the penalty of
fine and imprisonment, and one captain, taken with a cargo of
Africans on board his vessel, has been convicted of the highest
grade of offence under our laws, the punishment of which is death.

“The Territories of Colorado, Dakota, and Nevada, created by the
last Congress, have been organized, and civil administration has
been inaugurated therein under auspices especially gratifying, when
it is considered that the leaven of treason was found existing in
some of these new countries when the Federal officers arrived there.

“The abundant natural resources of these Territories, with the
security and protection afforded by organized government, will
doubtless invite to them a large immigration when peace shall
restore the business of the country to its accustomed channels.
I submit the resolutions of the Legislature of Colorado, which
evidence the patriotic spirit of the people of the Territory. So
far, the authority of the United States has been upheld in all the
Territories, as it is hoped it will be in the future. I commend
their interests and defence to the enlightened and generous care of
Congress.

“I recommend to the favorable consideration of Congress the
interests of the District of Columbia. The insurrection has been
the cause of much suffering and sacrifice to its inhabitants, and
as they have no representative in Congress, that body should not
overlook their just claims upon the Government.

“At your late session a joint resolution was adopted authorizing
the President to take measures for facilitating a proper
representation of the industrial interests of the United States
at the exhibition of the industry of all nations, to be holden
in London in the year 1862. I regret to say I have been unable
to give personal attention to this subject--a subject at once so
interesting in itself, and so extensively and intimately connected
with the material prosperity of the world. Through the Secretaries
of State and of the Interior a plan, or system, has been devised,
and partly matured, and which will be laid before you.

“Under and by virtue of the act of Congress entitled ‘An act to
confiscate property used for insurrectionary purposes,’ approved
August 6, 1861, the legal claims of certain persons to the labor
and service of certain other persons have become forfeited; and
numbers of the latter, thus liberated, are already dependent on
the United States, and must be provided for in some way. Besides
this, it is not impossible that some of the States will pass
similar enactments for their own benefit respectively, and by
operation of which persons of the same class will be thrown upon
them for disposal. In such case I recommend that Congress provide
for accepting such persons from such States according to some
mode of valuation, in lieu, _pro tanto_, of direct taxes, or upon
some other plan to be agreed on with such States, respectively;
that such persons, on such acceptance by the General Government,
be at once deemed free; and, that, in any event, steps be taken
for colonizing both classes (or the one first mentioned, if the
other shall not be brought into existence) at some place or places
in a climate congenial to them. It might be well to consider,
too, whether the free colored people already in the United States
could not, so far as individuals may desire, be included in such
colonization.

“To carry out the plan of colonization may involve the acquiring
of territory, and also the appropriation of money beyond that to
be expended in the territorial acquisition. Having practiced the
acquisition of territory for nearly sixty years, the question of
constitutional power to do so is no longer an open one with us.
The power was questioned at first by Mr. Jefferson, who, however,
in the purchase of Louisiana, yielded his scruples on the plea of
great expediency. If it be said that the only legitimate object
of acquiring territory is to furnish homes for white men, this
measure effects that object, for the emigration of colored men
leaves additional room for white men remaining or coming here. Mr.
Jefferson, however, placed the importance of procuring Louisiana
more on political and commercial grounds than on providing room for
population.

“On this whole proposition, including the appropriation of money
with the acquisition of territory, does not the expediency amount
to absolute necessity--that without which the Government itself
cannot be perpetuated?

“The war continues. In considering the policy to be adopted for
suppressing the insurrection, I have been anxious and careful that
the inevitable conflict for this purpose shall not degenerate
into a violent and remorseless revolutionary struggle. I have,
therefore, in every case thought it proper to keep the integrity
of the Union prominent as the primary object of the contest on
our part, leaving all questions which are not of vital military
importance to the more deliberate action of the legislature.

“In the exercise of my best discretion, I have adhered to the
blockade of the ports held by the insurgents, instead of putting
in force, by proclamation, the law of Congress enacted at the late
session for closing those ports.

“So, also, obeying the dictates of prudence, as well as the
obligations of law, instead of transcending, I have adhered to the
act of Congress to confiscate property used for insurrectionary
purposes. If a new law upon the same subject shall be proposed, its
propriety will be duly considered. The Union must be preserved; and
hence all indispensable means must be employed. We should not be in
haste to determine that radical and extreme measures, which may
reach the loyal as well as the disloyal, are indispensable.

“The inaugural address at the beginning of the administration,
and the message to Congress at the late special session, were
both mainly devoted to the domestic controversy out of which the
insurrection and consequent war have sprung. Nothing now occurs
to add or subtract to or from the principles or general purposes
stated and expressed in those documents.

“The last ray of hope for preserving the Union peaceably expired
at the assault upon Fort Sumter; and a general review of what
has occurred since may not be unprofitable. What was painfully
uncertain then is much better defined and more distinct now; and
the progress of events is plainly in the right direction. The
insurgents confidently claimed a strong support from north of
Mason and Dixon’s line, and the friends of the Union were not free
from apprehension on the point. This, however, was soon settled
definitely, and on the right side. South of the line, noble little
Delaware led off right from the first. Maryland was made to _seem_
against the Union. Our soldiers were assaulted, bridges were
burned, and railroads torn up within her limits, and we were many
days, at one time, without the ability to bring a single regiment
over her soil to the capital. Now her bridges and railroads are
repaired and open to the Government; she already gives seven
regiments to the cause of the Union and none to the enemy; and her
people, at a regular election, have sustained the Union by a larger
majority and a larger aggregate vote than they ever before gave
to any candidate or any question. Kentucky, too, for some time in
doubt, is now decidedly, and, I think, unchangeably, ranged on the
side of the Union. Missouri is comparatively quiet, and I believe
can not again be overrun by the insurrectionists. These three
States of Maryland, Kentucky and Missouri, neither of which would
promise a single soldier at first, have now an aggregate of not
less than forty thousand in the field for the union; while of their
citizens certainly not more than a third of that number, and they
of doubtful whereabouts and doubtful existence, are in arms against
it. After a somewhat bloody struggle of months, winter closes on
the Union people of Western Virginia, leaving them masters of their
own country.

“An insurgent force of about fifteen hundred, for months dominating
the narrow peninsular region, constituting the counties of Accomac
and Northampton, and known as the eastern shore of Virginia,
together with some contiguous parts of Maryland, have laid down
their arms; and the people there have renewed their allegiance to,
and accepted the protection of the old flag. This leaves no armed
insurrectionist north of the Potomac or east of the Chesapeake.

“Also we have obtained a footing at each of the isolated points,
on the southern coast, of Hatteras, Port Royal, Tybee Island,
near Savannah, and Ship Island; and we likewise have some general
accounts of popular movements, in behalf of the Union, in North
Carolina and Tennessee.

“These things demonstrate that the cause of the Union is advancing
steadily and certainly southward.

“Since your last adjournment, Lieut.-Gen. Scott has retired from
the head of the army. During his long life, the nation has not been
unmindful of his merit; yet, on calling to mind how faithfully,
ably and brilliantly he has served the country, from a time far
back in our history, when few of the now living had been born, and
thenceforward continually, I can not but think we are still his
debtors. I submit, therefore, for your consideration, what further
mark of recognition is due to him, and to ourselves, as a grateful
people.

“With the retirement of Gen. Scott came the Executive duty of
appointing, in his stead, a General-in-chief of the army. It is
a fortunate circumstance that neither in council nor country
was there, so far as I know, any difference of opinion as to
the proper person to be selected. The retiring chief repeatedly
expressed his judgment in favor of Gen. McClellan for the position,
and in this the nation seemed to give a unanimous concurrence.
The designation of Gen. McClellan is, therefore, in considerable
degree, the selection of the country as well as of the Executive;
and hence there is better reason to hope there will be given him
the confidence and cordial support thus, by fair implication,
promised, and without which he can not, with so full efficiency,
serve the country.

“It has been said that one bad General is better than two good
ones; and the saying is true, if taken to mean no more than that an
army is better directed by a single mind, though inferior, than by
two superior ones at variance and cross-purposes with each other.

“And the same is true in all joint operations wherein those engaged
_can_ have none but a common end in view, and _can_ differ only as
to the choice of means. In a storm at sea, no one on board _can_
wish the ship to sink, and yet, not unfrequently, all go down
together because too many will direct and no single mind can be
allowed to control.

“It continues to develop that the insurrection is largely, if
not exclusively, a war upon the first principle of popular
government--the rights of the people. Conclusive evidence of
this is found in the most grave and maturely-considered public
documents, as well as in the general tone of the insurgents. In
those documents we find the abridgment of the existing right of
suffrage and the denial to the people of all right to participate
in the selection of public officers, except the legislative, boldly
advocated, with labored arguments to prove that large control of
the people in government is the source of all political evil.
Monarchy itself is sometimes hinted at as a possible refuge from
the power of the people.

“In my present position I could scarcely be justified were I to
omit raising a warning voice against this approach of returning
despotism.

“It is not needed nor fitting here that a general argument should
be made in favor of popular institutions; but there is one point,
with its connections, not so hackneyed as most others, to which
I ask a brief attention. It is the effort to place _capital_ on
an equal footing with, if not above _labor_, in the structure
of government. It is assumed that labor is available only in
connection with capital--that nobody labors unless somebody else,
owning capital, somehow by the use of it induces him to labor. This
assumed, it is next considered whether it is best that capital
shall _hire_ laborers, and thus induce them to work by their
own consent, or _buy_ them, and drive them to it without their
consent. Having proceeded so far, it is naturally concluded that
all laborers are either _hired_ laborers, or what we call slaves.
And further, it is assumed that whoever is once a hired laborer is
fixed in that condition for life.

“Now, there is no such relation between capital and labor as
assumed; nor is there any such thing as a free man being fixed for
life in the condition of a hired laborer. Both these assumptions
are false, and all inferences from them are groundless.

“Labor is prior to and independent of capital. Capital is only
the fruit of labor, and could never have existed if labor had not
first existed. Labor is the superior of capital, and deserves much
the higher consideration. Capital has its rights, which are as
worthy of protection as any other rights. Nor is it denied that
there is, and probably always will be, a relation between labor and
capital producing mutual benefits. The error is in assuming that
the whole labor of community exists within that relation. A few men
own capital, and that few avoid labor themselves, and with their
capital hire or buy another few to labor for them. A large majority
belong to neither class--neither work for others nor have others
working for them. In most of the Southern States a majority of the
whole people, of all colors, are neither slaves nor masters, while
in the Northern a large majority are neither hirers nor hired.
Men, with their families--wives, sons, and daughters--work for
themselves, on their farms, in their houses, and in their shops,
taking the whole product to themselves, and asking no favors of
capital, on the one hand, nor of hired laborers or slaves on the
other. It is not forgotten that a considerable number of persons
mingle their own labor with capital--that is, they labor with their
own hands, and also buy or hire others to labor for them; but this
is only a mixed, and not a distinct class. No principle stated is
disturbed by the existence of this mixed class.

“Again, as has already been said, there is not, of necessity, any
such thing as the free hired laborer being fixed to that condition
for life. Many independent men everywhere in these States, a few
years back in their lives, were hired laborers. The prudent,
penniless beginner in the world, labors for wages awhile, saves a
surplus with which to buy tools or land for himself, then labors
on his own account another while, and at length hires another
new beginner to help him. This is the just, and generous, and
prosperous system, which opens the way to all--gives hope to all,
and consequent energy, and progress, and improvement of condition
to all. No men living are more worthy to be trusted than those
who toil up from poverty; none less inclined to take or touch
aught which they have not honestly earned. Let them beware of
surrendering a political power which they already possess, and
which, if surrendered, will surely be used to close the door of
advancement against such as they, and to fix new disabilities and
burdens upon them, till all of liberty shall be lost.

“From the first taking of our National Census to the last are
seventy years; and we find our population at the end of the period
eight times as great as it was at the beginning. The increase of
those other things which men deem desirable has been even greater.
We thus have at one view what the popular principle, applied to
Government through the machinery of the States and the Union, has
produced in a given time, and also what if firmly maintained, it
promises for the future. There are already among us those who, if
the Union be preserved, will live to see it contain two hundred and
fifty millions. The struggle _of_ to-day is not altogether _for_
to-day; it is for a vast future also. With a reliance on Providence
all the more firm and earnest, let us proceed in the great task
which events have devolved upon us.

“ABRAHAM LINCOLN.

“WASHINGTON, December 3, 1861.”

At this session, provision was made for the issue of legal tender notes, and an internal revenue bill was matured, for the purposing of increasing largely the receipts of the Treasury, affording a basis for the payment of interest on authorized loans, and insuring confidence in the National currency.

A Congressional committee on the conduct of the war was also appointed, the evidence obtained by which was submitted to the President for his consideration and eventually given to the public.

A confiscation bill was passed, with a special provision for conditional pardon and amnesty, limiting the forfeiture of real estate to the lifetime of its rebel owners.