Chapter VII: Section 1: Full faith and credit shall be given in each State to the (3)

SEC. 19. That all that part of the territory of the United States included within the following limits, except such portions thereof as are hereinafter expressly exempted from the operations of this act, to wit: beginning at a point on the western boundary of the State of Missouri, where the thirty-seventh parallel of north latitude crosses the same; thence west on said parallel to the eastern boundary of New Mexico; thence north on said boundary to latitude thirty-eight; thence following said boundary westward to the east boundary of the Territory of Utah, on the summit of the Rocky Mountains; thence northward on said summit to the fortieth parallel of latitude; thence east on said parallel to the western boundary of the State of Missouri; thence south with the western boundary of said State to the place of beginning, be, and the same is hereby, created into a temporary government by the name of the Territory of Kansas; and when admitted as a State or States, the said Territory, or any portion of the same, shall be received into the Union with or without slavery, as the Constitution may prescribe at the time of their admission: _Provided_, That nothing in this Act contained shall be construed to inhibit the Government of the United States from dividing said Territory into two or more Territories, in such manner and at such times as Congress shall deem convenient and proper, or from attaching any portion of said Territory to any other State or Territory of the United States: _Provided, further_, That nothing in this Act contained shall be so construed as to impair the rights of persons or property now pertaining to the Indians in said Territory, so long as such rights shall remain unextinguished by treaty between the United States and such Indians, or to include any Territory which, by treaty with any Indian tribe, is not, without the consent of said tribe, to be included within the territorial limits or jurisdiction of any State or Territory; but all such territory shall be excepted out of the boundaries, and constitute no part of the Territory of Kansas, until said tribe shall signify their assent to the President of the United States to be included within the said Territory of Kansas, or to affect the authority of the Government of the United States to make any regulation respecting such Indians, their lands, property, or other rights, by treaty, law, or otherwise, which it would have been competent to the government to make if this act had never passed.

[With the single exception of the location of the seat of government for Kansas at Fort Leavenworth, provided for in section 31, the ensuing sixteen sections, relative to the organization and government of the Territory, are precisely similar to the sections already recited, providing for the government of Nebraska Territory. The final section of the act, which has a general reference to both Territories, is as follows:]

SEC. 37. _And be it further enacted_, That all treaties, laws, and other engagements made by the Government of the United States with the Indian tribes inhabiting the Territories embraced within this act, shall be faithfully and rigidly observed, notwithstanding any thing contained in this act; and that the existing agencies and superintendencies of said Indians be continued, with the same powers and duties which are now prescribed by law, except that the President of the United States may, at his discretion, change the location of the office of superintendent.

ORDINANCE OF 1787.

IN CONGRESS, JULY 13, 1787.

An Ordinance for the government of the territory of the United States, north-west of the river Ohio.

_Be it ordained_, by the United States in Congress assembled, that the said Territory, for the purpose of temporary government, be one district; subject, however, to be divided into two districts, as future circumstances may, in the opinion of Congress, make it expedient.

_Be it ordained_, by the authority aforesaid, that the estates both of resident and non-resident proprietors in the said Territory, dying intestate, shall descend to, and be distributed among their children, and the descendants of a deceased child in equal parts; the descendants of a deceased child or grand-child, to take the share of their deceased parent, in equal parts, among them, and where there shall be no children or descendants, then in equal parts to the next of kin, in equal degree; and among collaterals, the children of a deceased brother or sister of the intestate shall have, in equal parts, among them, their deceased parent’s share; and there shall in no case be a distinction between kindred of the whole and half blood; saving in all cases to the widow of the intestate her third part of the real estate for life, and one-third part of the personal estate; and this law relative to descents and dower shall remain in full force until altered by the Legislature of the district. And until the Governor and judges shall adopt laws as hereinafter mentioned, estates in the said territory may be devised or bequeathed by wills in writing, signed and sealed by him or her, in whom the estate may be (being of full age), and attested by three witnesses; and real estates may be conveyed by lease or release, or bargain and sale, signed, sealed, and delivered by the person, being of full age, in whom the estate may, and attested by two witnesses, provided such wills be duly proved, and such conveyances be acknowledged, or the execution thereof duly proved, and be recorded within one year after proper magistrates, courts, and registers shall be appointed for that purpose, and personal property may be transferred by delivery, saving, however, to the French and Canadian inhabitants, and other settlers of the Kaskaskias, Saint Vincents, and the neighboring villages, who have heretofore professed themselves citizens of Virginia, their laws and customs now in force among them, relative to descent and conveyance of property.

_Be it ordained_, by the authority aforesaid, that there shall be appointed, from time to time, by Congress, a Governor, whose commission shall continue in force for the term of three years, unless sooner revoked by Congress; he shall reside in the district and have a freehold estate therein, in one thousand acres of land, while in the exercise of his office. There shall be appointed, from time to time, by Congress, a Secretary, whose commission shall continue in force for four years, unless sooner revoked; he shall reside therein, and have a freehold estate therein, in five hundred acres of land, while in the exercise of his office; it shall be his duty to keep and preserve the acts and laws passed by the Legislature, and the public records of the district, and the proceedings of the Governor in his executive department, and transmit authentic copies of such acts and proceedings, every six months, to the Secretary of Congress. There shall also be appointed a court, to consist of three judges, any two of whom to form a court, who shall have a common law jurisdiction, and reside in the district, and have each therein a freehold estate in five hundred acres of land, while in the exercise of their offices; and their commissions shall continue in force during good behavior.

The Governor and judges, or a majority of them, shall adopt and publish in the district such laws of the original States, criminal and civil, as may be necessary, and best suited to the circumstances of the district, and report them to Congress, from time to time, which laws shall be in force in the district until the organization of the General Assembly therein, unless disapproved by Congress; but afterward, the Legislature shall have authority to alter them as they shall think fit.

The Governor, for the time being, shall be commander-in-chief of the militia, appoint and commission all officers in the same, below the rank of general officers. All general officers shall be appointed and commissioned by Congress.

Previous to the organization of the General Assembly, the Governor shall appoint such magistrates and other civil officers, in each county or township, as he shall find necessary for the preservation of the peace and good order in the same. After the General Assembly shall be organized, the powers and duties of magistrates and other civil officers shall be regulated and defined by the said Assembly; but all magistrates and other civil officers, not herein otherwise directed, shall, during the continuance of this temporary government, be appointed by the Governor.

For the prevention of crimes and injuries, the laws to be adopted or made, shall have force in all parts of the district, and for the execution of process, criminal and civil, the Governor shall make proper divisions thereof; and shall proceed, from time to time, as circumstances may require, to lay out the parts of the district in which the Indian titles shall have been extinguished, into counties and townships, subject, however, to such alterations as may hereafter be made by the Legislature.

So soon as there shall be five thousand free male inhabitants, of full age, in the district, upon giving proof thereof to the Governor, they shall receive authority, with time and place, to elect representatives from their counties or townships, to represent them in the General Assembly; _Provided_, That for every five hundred free male inhabitants there shall be one representative, and so on progressively with the number of free male inhabitants, shall the right of representation increase, until the number of representatives shall amount to twenty-five, after which the number and proportion of representatives shall be regulated by the Legislature; _Provided_, That no person be eligible or qualified to act as a representative, unless he shall have been a citizen of one of the United States three years and be a resident in the district, or unless he shall have resided in the district three years, and in either case shall likewise hold in his own right, in fee simple, two hundred acres of land within the same; _Provided_, also, that a freehold in fifty acres of land in the district, having been a citizen of one of the States, and being resident in the district, or the like freehold and two years’ residence in the district, shall be necessary to qualify a man as an elector of a representative.

The representative thus elected, shall serve for the term of two years, and in case of the death of a representative, or removal from office, the Governor shall issue a writ to the county or township for which he was a member, to elect another in his stead, to serve for the residue of the term.

The General Assembly, or Legislature, shall consist of the Governor, Legislative Council, and a House of Representatives. The Legislative Council shall consist of five members, to continue in office five years, unless sooner removed by Congress, any three of whom to be a quorum, and the members of the Council, shall be nominated and appointed in the following manner, to wit: as soon as representatives shall be elected, the Governor shall appoint a time and place for them to meet together, and, when met, they shall nominate ten persons, residents in the district, and each possessed of a freehold in five hundred acres of land, and return their names to Congress, five of whom Congress shall appoint and commission to serve as aforesaid; and whenever a vacancy shall happen in the Council, by death or removal from office, the House of Representatives shall nominate two persons qualified as aforesaid, for each vacancy, and return their names to Congress, one of whom Congress shall appoint and commission for the residue of the term; and every five years, four months at least before the expiration of the time of service of the Council, the said House shall nominate ten persons qualified as aforesaid, and return their names to Congress, five of whom Congress shall appoint and commission to serve as members of the Council five years, unless sooner removed. And the Governor, Legislative Council, and House of Representatives, shall have authority to make laws in all cases for the good government of the district, not repugnant to the principles and articles in this ordinance established and declared. And all bills having passed by a majority in the House, and by a majority in the Council, shall be referred to the Governor for his assent; but no bill or legislative act whatever, shall be of any force without his assent. The Governor shall have power to convene, prorogue, and dissolve the assembly, when in his opinion it shall be expedient.

The Governor, Judges, Legislative Council, Secretary, and such other officers as Congress shall appoint in the district, shall take an oath or affirmation of fidelity, and of office—the Governor before the President of Congress, and all other officers before the Governor. As soon as a Legislature shall be formed in the District, the Council and House, assembled in one room, shall have authority, by joint ballot, to elect a delegate to Congress, who shall have a seat in Congress, with the right of debating, but not of voting, during this temporary government.

And for extending the fundamental principles of civil and religious liberty, which form the basis whereon these republics, their laws and constitutions, are elected; _to fix and establish those principles as the basis of all laws, constitutions, and governments, which_ FOREVER _hereafter shall be formed in the said Territory_; to provide also for the establishment of States, and for their admission to a share in the Federal Council on an equal footing with the original States, at as early periods as may be consistent with the general interest:

_It is hereby ordained and declared_, by the authority aforesaid, that the following articles shall be considered as articles of compact between the original States and the people and States in the said Territory, and forever remain unalterable, unless by common consent; viz.:

ARTICLE I. No person, demeaning himself in a peaceable and orderly manner, shall ever be molested on account of his mode of worship or religious sentiments in the said Territory.

ART. II. The inhabitants of the said Territory shall always be entitled to the benefit of the writ of _habeas corpus_ and of the trial by jury; of a proportionate representation of the people in the Legislature, and of judicial proceedings according to the course of the common law; all persons shall be bailable unless for capital offenses, where the proof shall be evident, or the presumption great; all fines shall be moderate, and no cruel or unusual punishments shall be inflicted; no man shall be deprived of his liberty or property but by the judgment of his peers or the law of the land; and should the public exigencies make it necessary for the common preservation to take any person’s property, or to demand his particular services, full compensation shall be made for the same; and, in the just preservation of rights and property, it is understood and declared, that no law ought ever to be made, or have force in the said territory, that shall, in any manner whatever, interfere with or affect private contracts or engagements, _bona fide_, and, without fraud, previously formed.

ART. III. Religion, morality, and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged. The utmost good faith shall always be observed toward the Indians; their lands and property shall never be taken from them without their consent; and in their property, rights, and liberty, they never shall be invaded or disturbed, unless in just and lawful wars authorized by Congress; but laws founded in justice and humanity shall, from time to time, be made, for preventing wrongs being done to them, and for preserving peace and friendship with them.

ART. IV. The said Territory, and the States which may be formed therein, shall forever remain a part of this Confederacy of the United States of America; subject to the Articles of Confederation,[2] and to such alterations therein as shall be constitutionally made; and to all the acts and ordinances of the United States in Congress assembled, conformable thereto. The inhabitants and settlers in the said Territory shall be subject to pay a part of the Federal debts contracted, or to be contracted, and a proportional part of the expenses of government, to be apportioned on them by Congress, according to the same common rule and measure by which apportionments thereof shall be made on the other States; and the taxes for paying their proportion shall be laid and levied by the authority and direction of the Legislatures of the District, or Districts, or new States, as in the original States, within the time agreed upon by the United States in Congress assembled. The Legislatures of those Districts, or new States, shall never interfere with the primary disposal of the soil by the United States in Congress assembled, nor with any regulations Congress may find necessary for securing the title in such soil to the _bona fide_ purchasers. No tax shall be imposed on lands the property of the United States; and in no case shall non-resident proprietors be taxed higher than residents. The navigable waters leading into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common highways, and forever free, as well to the inhabitants of the said Territory as to the citizens of the United States, and those of any other States that may be admitted into the confederacy, without any tax, impost, or duty therefor.

[2] This ordinance was drawn up before the Constitution was formed.

ART. V. There shall be formed in the said Territory not less than three, nor more than five States; and the boundaries of the States, as soon as Virginia shall alter her act of session and consent to the same, shall become fixed and established as follows, to wit: The western State shall be bounded by the Mississippi, the Ohio, and Wabash Rivers; a direct line drawn from the Wabash and Post Vincents due north to the territorial line between the United States and Canada, and by the said territorial line to the Lake of the Woods and Mississippi. The middle State shall be bounded by the said direct line, the Wabash from Post Vincents to the Ohio, by the Ohio, by direct line drawn due north from the mouth of the Great Miami to the said territorial line, and by said territorial line. The eastern State shall be bounded by the last mentioned direct line, the Ohio, Pennsylvania, and the said territorial line; _Provided_, however, and it is further understood and declared, that the boundaries of these three States shall be subject so far to be altered, and, if Congress shall hereafter find it expedient, they shall have authority to form one or two States in that part of the said Territory which lies north of an east and west line drawn through the southerly bend or extreme of Lake Michigan; and whenever any of the said States shall have sixty thousand free inhabitants therein, such States shall be admitted, by their delegates, into the Congress of the United States, on an equal footing with the original States in all respects whatsoever; and shall be at liberty to form a permanent constitution and State government; _Provided_, the constitution and government so to be formed shall be republican, and in conformity to the principles contained in these articles; and, so far as it can be consistent with the general interest of the confederacy, such admission shall be allowed at an earlier period, and when there may be a less number of free inhabitants in the State than sixty thousand.

ART. VI. There shall be neither slavery nor involuntary servitude in the said Territory, otherwise than in the punishment of crimes whereof the party shall have been duly convicted; _Provided_, always, that any person escaping into the same, from whom labor or service is lawfully claimed in any of the original States, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor or service as aforesaid.

_Be it ordained_, by the authority aforesaid, that the resolutions of the 23d of April, 1784, relative to the subject of this ordinance, be, and the same are hereby repealed, and declared null and void.

NOTE.—By this ordinance, Virginia ceded to the
United States the territory now composing the States of
Ohio, Indiana, Illinois, Wisconsin, and Michigan, making
the ordinance the fundamental law of these States.

AMNESTY PROCLAMATION.

_By the President of the United Slates of America_:

WHEREAS, The President of the United States, on the 8th day of December, 1863, and on the 26th day of March, 1864, did, with the object of suppressing the existing rebellion, to induce all persons to return to their loyalty and to restore the authority of the United States, issued Proclamations offering amnesty and pardon to certain persons who had directly or by implication engaged in said rebellion, and

WHEREAS, Many persons who had so engaged in the said rebellion, have, since the issue of said Proclamation, failed or neglected to take the benefits offered thereby; and whereas, many persons who have been justly deprived of all claim to amnesty and pardon thereunder by reason of their participation directly or by implication in said rebellion, and continued hostile to the Government of the United States since the date of said Proclamation, now desire to apply for and obtain amnesty and pardon; to the end, therefore, that the authority of the Government of the United States may be restored, and that peace, order, and freedom may be established.

I, Andrew Johnson, President of the United States, do proclaim and declare that I hereby grant to all persons who have directly or indirectly participated in the existing rebellion, except as hereinafter excepted, amnesty and pardon, with the restoration of all the rights of property, except as to slaves, except in cases where legal proceedings under the laws of the United States, providing for the confiscation of property of persons engaged in the rebellion, have been instituted; but on the condition, nevertheless, that every such person shall take and subscribe the following oath, which shall be registered for permanent preservation, and shall be the tenor and effect of the following, to wit:

“I do solemnly swear or affirm, in the presence of Almighty God, that I will henceforth faithfully defend the Constitution of the United States and the Union of the States thereunder; and that I will in like manner abide by and faithfully support all laws and proclamations which have been made during the existing rebellion, with reference to the emancipation of slavery, so help me God.”

The following classes of persons are excepted from the benefits of this proclamation:

_First_—All who are, or shall have been, pretended civil or diplomatic officers or otherwise, domestic or foreign agents of the pretended Confederate Government.

_Second_—All who left judicial stations under the United States to aid the rebellion.

_Third_—All who shall have been military or naval officers of said pretended Confederate Government above the rank of Colonel in the Army, or Lieutenant in the Navy.

_Fourth_—All who left seats in the Congress of the United States to aid the rebellion.

_Fifth_—All who resigned or tendered the resignation of their commissions in the Army or Navy of the United States, to evade the duty in resisting the rebellion.

_Sixth_—All who have engaged in any way in treating otherwise than lawfully as prisoners of war, persons found in the United States service, as officers, soldiers, seamen, or in other capacities.

_Seventh_—All persons who have been or are absentees from the United States for the purpose of aiding the rebellion.

_Eighth_—All military or naval officers in the rebel service who were educated by the Government in the military academy at West Point, or in the United States Naval Academy.

_Ninth_—All persons who hold the pretended offices of Governors of States in insurrection against the United States.

_Tenth_—All persons who left their homes within the jurisdiction and protection of the United States and passed beyond the Federal military lines into the so-called Confederate States for the purpose of aiding the rebellion.

_Eleventh_—All persons who have engaged in the destruction of the commerce of the United States upon the high seas, and all persons who have made raids into the United States from Canada, or been engaged in destroying the commerce of the United States upon the lakes and rivers that separate the British Provinces from the United States.

_Twelfth_—All persons who, at the time when they seek to obtain the benefits hereof, by taking the oath prescribed, are in military, naval or civil confinement or custody, or under bond of the military or naval authorities, or agents of the United States, as prisoners of war, or persons detailed for offenses of any kind, either before or after the conviction.

_Thirteenth_—All persons who have voluntarily participated in said rebellion, and the estimate value of whose taxable property is over $20,000.

_Fourteenth_—All persons who have taken the oath of Amnesty as prescribed in the President’s Proclamation, December 28th, 1863, or the Oath of Allegiance to the Government of the United States since the date of said Proclamation, and who have not thenceforward kept and maintained the same inviolate. Provided that special application may be made to the President for pardon by any person belonging to the excepted class, and such clemency will be liberally extended as may be consistent with the facts, and the peace and dignity of the United States. The Secretary of State will establish rules and regulations for administering and recording said Amnesty Oath, so as to insure its benefits to the people, and guard the Government against fraud.

IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Seal of the United States to be affixed. Done at the City of Washington, this 29th day of May, A. D. 1865, and of the Independence of the United States, the eighty-ninth. (Signed.)

By the President: ANDREW JOHNSON.
W. H. SEWARD, _Secretary of State_.

PROPOSED CRITTENDEN COMPROMISE.

At the commencement of the Congressional session of 1860, the portentous clouds of civil war, gathering and blackening in the southern horizon of our national sky, filled the hearts of the stoutest patriots with the most gloomy apprehensions, and cast a melancholy shadow over every Union-loving soul throughout the country, somewhat akin to that which hovers over an affectionate son or daughter, upon the approaching dissolution of a cherished, devoted mother. The following compromise, offered by Senator Crittenden, December 19, 1860, is one of the many measures proposed in Congress for adjusting the difficulties of that period:

_Resolved, By the Senate and House of Representatives_, That the following articles be proposed and submitted as an amendment to the Constitution, which shall be valid as a part of the Constitution, when ratified by the conventions of three-fourths of the people of the States:

1st. In all the territory now or hereafter acquired, north of 36° 30′, slavery, or involuntary servitude, except for the punishment of crime, is prohibited; while in all the territory south of that, slavery is hereby recognized as existing, and shall not be interfered with by Congress, but shall be protected as property by all the departments of the territorial government during its continuance. All the territory north or south of said line, within such boundaries as Congress may prescribe, when it contains a population necessary for a member of Congress, with a Republican form of government, shall be admitted into the Union on an equality with the original States, with or without slavery, as the Constitution of the State shall prescribe.

2d. Congress shall have no power to abolish slavery in the State permitting it.

3d. Congress shall have no power to abolish slavery in the District of Columbia while ′t exists in Virginia and Maryland, or either; nor shall Congress at any time prohibit the officers of Government, or members of Congress, whose duties require them to live in the District of Columbia, bringing slaves there and using them as such.

4th. Congress shall have no power to hinder the transportation of slaves from one State to another, whether by land, navigable river, or sea.

5th. Congress shall have the power, by law, to pay any owner the full value of any fugitive slave, in all cases where the marshal is prevented from discharging his duty by force or rescue, made after arrest. In all such cases the owner shall have the power to sue the county in which the rescue or violence was made; and the county shall have the right to sue the individuals who committed the wrong, in the same manner as the owner would sue.

6th. No future amendment or amendments shall affect the preceding article; and Congress shall never have power to interfere with slavery within the States where it is permitted.

EMANCIPATION PROCLAMATION.

_Whereas_, On the twenty-second day of September, in the year of our Lord, one thousand eight hundred and sixty-two, a proclamation was issued by the President of the United States, containing among other things the following, to wit:

That, on the first day of January, in the year of our Lord, one thousand eight hundred and sixty-three, all persons held as slaves within any State, or designated part of a State, the people whereof shall then be in rebellion against the United States, shall be then, thenceforth and forever free, and the Executive Government of the United States, including the military and naval authorities thereof, will recognize and maintain the freedom of such persons, or any of them, in any efforts they may make for their actual freedom.

That the Executive will, on the first day of January aforesaid, by proclamation, designate the States and parts of States, if any, in which the people therein respectively shall then be in rebellion against the United States, and the fact that any State, or the people thereof, shall on that day be in good faith represented in the Congress of the United States by members chosen thereto, at elections wherein a majority of the qualified voters of such States shall have participated, shall, in the absence of strong countervailing testimony, be deemed conclusive evidence that such State and the people thereof are not then in rebellion against the United States.

Now, therefore, I, Abraham Lincoln, President of the United States, by virtue of the power in me vested as Commander-in-Chief of the Army and Navy of the United States, in time of actual armed rebellion against the authority and Government of the United States, and as a fit necessary war measure for suppressing said rebellion, do, on this first day of January, in the year of our Lord, one thousand eight hundred and sixty-three, and in accordance with my purpose so to do, publicly proclaimed for the full period of one hundred days from the day of the first above-mentioned order, and designate, as the States and parts of States wherein the people thereof respectively are this day in rebellion against the United States, the following, to wit: Arkansas, Texas, Louisiana, except the parishes of St. Bernard, Plaquemines, Jefferson, St. John, St. Charles, St. James, Ascension, Assumption, Terre Bonne, Lafourche, St. Mary, St. Martin and Orleans, including the city of New Orleans. Mississippi, Alabama, Florida, Georgia, South Carolina, North Carolina, and Virginia, except the forty-eight counties designated as West Virginia, and also the counties of Berkeley, Accomac, Northampton, Elizabeth City, York, Princess Ann, and Norfolk, including the cities of Norfolk and Portsmouth, and which excepted parts are, for the present, left precisely as if this proclamation were not issued.

And by virtue of the power, and for the purpose aforesaid, I do order and declare that all persons held as slaves within said designated States and parts of States are, and henceforward, shall be free; and that the Executive Government of the United States, including the military and naval authorities thereof, will recognize and maintain the freedom of said persons.

And I hereby enjoin upon the people so declared to be free to abstain from all violence, unless in necessary self-defense; and I recommend to them that, in all cases, when allowed, they labor faithfully for reasonable wages.

And I further declare and make known that such persons of suitable condition will be received into the armed service of the United States, to garrison forts, positions, stations, and other places, and to man vessels of all sorts in said service.

And upon this, sincerely believed to be an act of justice, warranted by the Constitution upon military necessity, I invoke the considerate judgment of mankind and the gracious favor of Almighty God.

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

Done at the City of Washington, this first day of January, in the year of our Lord one thousand eight hundred and sixty-three, and of the Independence of the United States of America the eighty-seventh.

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

LETTER FROM THE PRESIDENT EXPLAINING THE
EMANCIPATION PROCLAMATION.

The following letter, written in August, 1863, in answer to an invitation to attend a meeting of unconditional Union men held in Illinois, gives at length the President’s views at that time on his Emancipation Proclamation:

EXECUTIVE MANSION, WASHINGTON, August 26th, 1863.

MY DEAR SIR: Your letter inviting me to attend a mass-meeting of unconditional Union men, to be held at the capitol of Illinois on the third day of September, has been received. It would be very agreeable to me to thus meet my old friends at my own home, but I can not just now be absent from this city so long as a visit there would require. The meeting is to be of all those who maintain unconditional devotion to the Union; and I am sure my old political friends will thank me for tendering, as I do, the nation’s gratitude to those other noble men whom no partisan malice or partisan hope can make false to the nation’s life. There are those who are dissatisfied with me. To such I would say, You desire peace, and you blame me that you do not have it. But how can we attain it? There are but three conceivable ways: First, to suppress the rebellion by force of arms. This I am trying to do. Are you for it? If you are, so far we are agreed. If you are not for it, a second way is to give up the Union. I am against this. If you are, you should say so, plainly. If you are not for force, nor yet for dissolution, there only remains some imaginable compromise. I do not believe that any compromise, embracing the maintenance of the Union, is now possible. All that I learn leads to a directly opposite belief. The strength of the rebellion is its military—its army. The army dominates all the country and all the people within its range. Any offer of any terms made by any man or men within that range, in opposition to that army, is simply nothing for the present, because such man or men have no power whatever to enforce their side of a compromise, if one were made with them. To illustrate: Suppose refugees from the South and peace men of the North get together in convention, and frame and proclaim a compromise embracing a restoration of the Union; in what way can that compromise be used to keep General Lee’s army out of Pennsylvania? General Meade’s army can keep Lee’s army out of Pennsylvania, and, I think, can ultimately drive it out of existence. But no paper compromise, to which the controllers of Lee’s army are not agreed, can at all affect that army. In an effort at such compromise we would waste time, which the enemy would improve to our disadvantage, and that would be all. A compromise, to be effective, must be made either with those who control the rebel army, or with the people, first liberated from the domination of that army by the success of our army. Now, allow me to assure you that no word or intimation from the rebel army, or from any of the men controlling it, in relation to any peace compromise, has ever come to my knowledge or belief. All charges and intimations to the contrary are deceptive and groundless. And I promise you that if any such proposition shall hereafter come, it shall not be rejected and kept secret from you. I freely acknowledge myself to be the servant of the people, according to the bond of service, the United States Constitution, and that, as such, I am responsible to them. But, to be plain: You are dissatisfied with me about the negro. Quite likely there is a difference of opinion between you and myself upon that subject. I certainly wish that all men could be free, while you, I suppose, do not. Yet I have neither adopted nor proposed any measure which is not consistent with even your view, provided you are for the Union. I suggested compensated emancipation; to which you replied that you wished not to be taxed to buy negroes. But I have not asked you to be taxed to buy negroes, except in such way as to save you from greater taxation, to save the Union exclusively by other means.

You dislike the Emancipation Proclamation, and perhaps would have it retracted. You say it is unconstitutional. I think differently: I think that the Constitution invests the Commander-in-Chief with the law of war in time of war. The most that can be said, if so much, is, that the slaves are property. Is there—has there ever been—any question that, by the law of war, property, both of enemies and friends, may be taken when needed? And is it not needed whenever taking it helps us, or hurts the enemy? Armies, the world over, destroy enemies’ property when they can not use it; and even destroy their own to keep it from the enemy. Civilized belligerents do all in their power to help themselves or hurt the enemy, except a few things regarded as barbarous or cruel. Among the exceptions are the massacre of vanquished foes and non-combatants, male and female. But the proclamation, as law, is valid, or is not valid. If it is not valid, it needs no retraction; if it is valid, it can not be retracted, any more than the dead can be brought to life. Some of you profess to think that its retraction would operate favorably for the Union. Why better after the retraction than before the issue? There was more than a year and a half of trial to suppress the rebellion before the proclamation was issued, the last one hundred days of which passed under an explicit notice that it was coming, unless averted by those in revolt returning to their allegiance. The war has certainly progressed as favorably for us since the issue of the proclamation as before. I know as fully as one can know the opinion of others, that some of the commanders of our armies in the field, who have given us our most important victories, believe the emancipation policy and the aid of colored troops to be the heaviest blows yet dealt to the rebellion, and that at least one of these important successes could not have been achieved when it was but for the aid of black soldiers. Among the commanders holding these views are some who have never had any affinity with what is called abolitionism or with “Republican party politics,” but who hold them purely as military opinions. I submit their opinions as being entitled to some weight against the objections often urged, that emancipation and arming the blacks are unwise as military measures, and were not adopted as such in good faith. You say that you will not fight to free negroes. Some of them seem to be willing to fight for you—but no matter. Fight you, then, exclusively, to save the Union. I issued the proclamation on purpose to aid you in saving the Union. Whenever you shall have conquered all resistance to the Union, if I shall urge you to continue fighting, it will be an apt time then for you to declare that you will not fight to free negroes. I thought that, in your struggle for the Union, to whatever extent the negroes should cease helping the enemy, to that extent it weakened the enemy in his resistance to you. Do you think differently? I thought that whatever negroes can be got to do as soldiers, leaves just so much less for white soldiers to do in saving the Union. Does it appear otherwise to you? But negroes, like other people, act upon motives. Why should they do any thing for us if we will not do any thing for them? If they stake their lives for us, they must be prompted by the strongest motive, even the promise of freedom. And, the promise being made, must be kept. The signs look better. The Father of Waters again goes unvexed to the sea. Thanks to the great North-west for it. Not yet wholly to them. Three hundred miles up they met New England, Empire, Keystone, and Jersey, hewing their way right and left. The Sunny South, too, in more colors than one, also lent a hand. On the spot, their part of the history was jotted down in black and white. The job was a great national one, and let none be blamed who bore an honorable part in it; and, while those who have cleared the great river may well be proud, even that is not all. It is hard to say that any thing has been more bravely or better done than at Antietam, Murfreesboro, Gettysburg, and on many fields of less note. Nor must Uncle Sam’s web-fleet be forgotten. At all the waters’ margins they have been present—not only on the deep sea, the broad bay, and the rapid river, but also up the narrow, muddy bayou; and, wherever the ground was a little damp, they have been, and made their tracks. Thanks to all. For the great republic—for the principles by which it lives and keeps alive—for man’s vast future—thanks to all. Peace does not appear so far distant as it did. I hope it will come soon, and come to stay; and so come as to be worth keeping in all future time. It will then have proved that among freemen there can be no successful appeal from the ballot to the bullet, and that they who take such appeal are sure to lose their case and pay the cost. And then there will be some black men who can remember that, with silent tongue, and clenched teeth, and steady eye, and well-poised bayonet, they have helped mankind on to this great consummation; while I fear that there will be some white men unable to forget that, with malignant heart and deceitful speech, they have striven to hinder it. Still, let us not be over-sanguine of a speedy final triumph. Let us be quite sober. Let us diligently apply the means, never doubting that a just God, in His own good time, will give us the rightful result.

Yours, very truly, A. LINCOLN.

PROCLAMATION OF ANDREW JACKSON.

_The President of the United States to the nullifiers of South Carolina_:

WHEREAS, A convention assembled in the State of South Carolina have passed an ordinance, by which they declare, “that the several acts and parts of acts of the Congress of the United States, purporting to be laws for the imposing of duties and imposts on the importation of foreign commodities, and now having actual operation and effect within the United States, and more especially,” two acts for the same purposes passed on the 29th of May, 1828, and on the 14th of July, 1832, “are unauthorized by the Constitution of the United States, and violate the true meaning and intent thereof, and are null and void, and no law,” nor binding on the citizens of that State or its officers; and by the said ordinance, it is further declared to be unlawful for any of the constituted authorities of the State or of the United States to enforce the payment of the duties imposed by the said acts with the same State, and that it is the duty of the Legislature to pass such laws as may be necessary to give full effect to the said ordinance:

AND, WHEREAS, By the said ordinance, it is further ordained that in no case of law or equity decided in the courts of said State, wherein shall be drawn in question the validity of the said ordinance, or of the acts of the Legislature that may be passed to give it effect, or of the said laws of the United States, no appeal shall be allowed to the Supreme Court of the United States, nor shall any copy of the record be permitted or allowed for that purpose; and that any person attempting to take such appeal shall be punished as for a contempt of court:

And, finally, the said ordinance declares that the people of South Carolina will maintain the said ordinance at every hazard; and that they will consider the passage of any act, by Congress, abolishing or closing the ports of the said State, or otherwise obstructing the free ingress or egress of vessels to and from the said ports, or any other act of the Federal Government to coerce the State, shut up her ports, destroy or harass her commerce, or to enforce the said act otherwise than through the civil tribunals of the country, as inconsistent with the longer continuance of South Carolina in the Union, and that the people of the said State will thenceforth hold themselves absolved from all further obligation to maintain or preserve their political connection with the people of the other States, and will forthwith proceed to organize a separate government and do all other acts and things which sovereign and independent States may of right do.

AND, WHEREAS, The said ordinance prescribes to the people of South Carolina a course of conduct in direct violation of their duty as citizens of the United States, contrary to the laws of their country, subversive of its Constitution, and having for its object the destruction of the Union—that Union, which, coeval with our political existence, led our fathers, without any other ties to unite them than those of patriotism and a common cause, through a sanguinary struggle to a glorious independence—that sacred Union, hitherto inviolate, which, perfected by our happy Constitution, has brought us, by the favor of Heaven, to a state of prosperity at home, and high consideration abroad, rarely, if ever, equaled in the history of nations. To preserve this bond of our political existence from destruction, to maintain inviolate this state of national honor and prosperity, and to justify the confidence my fellow-citizens have reposed in me, I, ANDREW JACKSON, President of the United States, have thought proper to issue this, my PROCLAMATION, stating my views of the Constitution and laws applicable to the measures adopted by the Convention of South Carolina, and to the reasons they have put forth to sustain them, declaring the course which duty will require me to pursue, and, appealing to the understanding and patriotism of the people, warn them of the consequences that must inevitably result from an observance of the dictates of the convention.

Strict duty would require of me nothing more than the exercise of those powers with which I am now, or may hereafter be invested, for preserving the peace of the Union, and for the execution of the laws. But the imposing aspect which opposition has assumed in this case, by clothing itself with State authority, and the deep interest which the people of the United States must all feel in preventing a resort to stronger measures, while there is a hope that any thing will be yielded to reasoning and remonstrance, perhaps demand, and will certainly justify, a full exposition to South Carolina and the nation of the views I entertain of this important question, as well as a distinct enunciation of the course which my sense of duty will require me to pursue.

The ordinance is founded, not on the indefeasible right of resisting acts which are plainly unconstitutional, and too oppressive to be endured; but on the strange position that any one State may not only declare an act void, but prohibit its execution—that they may do this consistently with the Constitution—that the true construction of that instrument permits a State to retain its place in the Union, and yet be bound by no other of its laws than those it may choose to consider as constitutional. It is true, they add, that to justify this abrogation of law, it must be palpably contrary to the Constitution; but it is evident, that to give the right of resisting laws of that description, coupled with the uncontrolled right to decide what laws deserve that character, is to give the power of resisting all laws. For, as by the theory, there is no appeal, the reasons alleged by the State, good or bad, must prevail. If it should be said that public opinion is a sufficient check against the abuse of this power, it may be asked why it is not deemed a sufficient guard against an unconstitutional act of Congress? There is, however, a restraint in this last case, which makes the assumed power of a State more indefensible, and which does not exist in the other. There are two appeals from an unconstitutional act passed by Congress—one to the judiciary, the other to the people and the States. There is no appeal from the State decision in theory, and the practical illustration shows that the courts are closed against an application to review it, both judges and jurors being sworn to decide in its favor. But reasoning on this subject is superfluous, when our social compact, in express terms, declares that the laws of the United States, its Constitution, and treaties made under it, are the supreme law of the land; and, for the greater caution, adds “that the judges in every State shall be bound thereby, any thing in the Constitution or laws of any State to the contrary notwithstanding.” And it may be asserted, without fear of refutation, that no Federal Government could exist without a similar provision. Look for a moment to the consequence. If South Carolina considers the revenues unconstitutional, and has a right to prevent their execution in the port of Charleston, there would be a clear constitutional objection to their collection in every other port, and no revenue could be collected anywhere; for all imposts must be equal. It is no answer to repeat, that an unconstitutional law is no law, so long as the question of its legality is to be decided by the State itself; for every law operating injuriously upon any local interest will be, perhaps, thought, and certainly represented, as unconstitutional; and, as has been shown, there is no appeal.

If this doctrine had been established at an earlier day, the Union would have been dissolved in its infancy. The excise law in Pennsylvania, the embargo and non-intercourse law in the eastern States, the carriage tax in Virginia, were all deemed unconstitutional, and were more unequal in their operation than any of the laws now complained of; but fortunately none of those States discovered that they had the right now claimed by South Carolina. The war into which we were forced to support the dignity of the nation and the rights of our citizens, might have ended in defeat and disgrace instead of victory and honor, if the States who supposed it a ruinous and unconstitutional measure, had thought they possessed the right of nullifying the act by which it was declared, and denying supplies for its prosecution. Hardly and unequally as those measures bore upon several members of the Union, to the legislatures of none did this efficient and peaceable remedy, as it is called, suggest itself. The discovery of this important feature in our Constitution was reserved to the present day. To the statesmen of South Carolina belongs the invention, and upon the citizens of that State will unfortunately fall the evils of reducing it to practice.

If the doctrine of a State veto upon the laws of the Union carries with it internal evidence of its impracticable absurdity, our constitutional history will also afford abundant proof that it would have been repudiated with indignation had it been proposed to form a feature in our Government.

In our colonial state, although dependent on another power, we very early considered ourselves as connected by common interest with each other. Leagues were formed for common defense, and, before the Declaration of Independence, we were known in our aggregate character as the United Colonies of America. That decisive and important step was taken jointly. We declared ourselves a nation by a joint, not by several acts, and when the terms of our Confederation were reduced to form, it was that of a solemn league of several States, by which they agreed that they would collectively form one nation for the purpose of conducting some certain domestic concerns and all foreign relations. In the instrument forming that Union is found an article which declares that “every State shall abide by the determination of Congress on all questions which, by that Confederation, should be submitted to them.”