A Compilation of the Messages and Papers of the Presidents. Section 1 (of 3) of Volume 10.

by Unknown

JOHN ADAMS, PRESIDENT OF THE UNITED STATES.

INSTRUCTIONS TO COMMANDERS OF ARMED VESSELS BELONGING TO THE UNITED STATES, GIVEN AT PHILADELPHIA THE 10TH DAY OF JULY, A.D. 1798, AND IN THE TWENTY-THIRD YEAR OF OUR INDEPENDENCE.

In pursuance of the acts of Congress passed the 27th day of May, the 20th day of June, and the 9th day of July—

You are hereby authorized, instructed, and directed to subdue, seize, and take any armed French vessel or vessels sailing under authority or pretense of authority from the French Republic which shall be found within the jurisdictional limits of the United States or elsewhere on the high seas, and such captured vessel, with her apparel, guns, and appurtenances and the goods and effects which shall be found on board of the same, to bring within some port of the United States; and also retake any vessel, goods, and effects of the United States or persons resident therein which may have been captured by any French vessel, in order that proceedings may be had concerning such capture or recapture in due form of law and as to right shall appertain.

By command of the President of the United States of America:

BEN. STODDERT.

[From C.F. Adams's Works of John Adams, Vol. IX, p. 160.]

CIRCULAR TO THE COMMANDERS OF ARMED VESSELS IN THE SERVICE OF THE UNITED STATES, GIVEN AT THE NAVY DEPARTMENT DECEMBER 29, 1798.

SIR: It is the positive command of the President that on no pretense whatever you permit the public vessel of war under your command to be detained or searched nor any of the officers or men belonging to her to be taken from her by the ships or vessels of any foreign nation so long as you are in a capacity to repel such outrage on the honor of the American flag. If force should be exerted to compel your submission, you are to resist that force to the utmost of your power, and when overpowered by superior force you are to strike your flag and thus yield your vessel as well as your men, but never your men without your vessel.

You will remember, however, that your demeanor be respectful and friendly to the vessels and people of all nations in amity with the United States, and that you avoid as carefully the commission of as the submission to insult or injury.

I have the honor to be, etc.,

BEN STODDERT.

[From Annals of Congress, Seventh Congress, second session, 747-748.]

CIRCULAR INSTRUCTIONS TO THE CAPTAINS AND COMMANDERS OF VESSELS IN THE SERVICE OF THE UNITED STATES.

NAVY DEPARTMENT, March 12, 1799.

SIR: Herewith you will receive an act of Congress "further to suspend the commercial intercourse between the United States and France and the dependencies thereof," the whole of which requires your attention; but it is the command of the President that you consider particularly the fifth section as part of your instructions and govern yourself accordingly.

A proper discharge of the important duties arising out of this act will require the exercise of a sound and an impartial judgment. You are not only to do all that in you lies to prevent all intercourse, whether direct or circuitous, between the ports of the United States and those of France or her dependencies in cases where the vessels or cargoes are apparently, as well as really, American and protected by American papers only, but you are to be vigilant that vessels or cargoes really American, but covered by Danish or other foreign papers and bound to or from French ports, do not escape you. Whenever, on just suspicion, you send a vessel into port to be dealt with according to the aforementioned law, besides sending with her all her papers send all the evidence you can obtain to support your suspicions and effect her condemnation. At the same time that you are thus attentive to fulfill the objects of the law you are to be extremely careful not to harass or injure the trade of foreign nations with whom we are at peace nor the fair trade of our own citizens.

A misconstruction of his authority by Captain Nicholson in relation to vessels of friendly nations captured by the French renders it necessary that I should make some explanatory observations on that subject. Our laws direct the capture of all armed vessels sailing under authority or pretense of authority from the French Republic. A vessel captured by the citizens of France must be considered as sailing under the authority of France, and it is scarcely to be supposed that in times like the present, when few vessels sail without arms, a captured vessel in possession of the captors will be so circumstanced as not to come under the description of an armed vessel within the meaning of our laws. To justify a recapture nothing is necessary but that the vessel be provided with such means of annoyance as will render her dangerous to an unarmed American vessel in pursuit of lawful commerce. If, however, the vessel can not be considered an armed vessel within the meaning of our laws, you are not to recapture her unless you should have probable cause to suspect that the citizens of the United States or persons resident therein have some interest in the vessel or cargo.

It is always your duty to recapture American property and property of persons resident within the United States whenever found in possession of the French on the high seas.

I have the honor to be, sir, your most obedient servant,

BEN. STODDERT.

[From Claypoole's American Daily Advertiser, Philadelphia, December 20, 1799.]

The President with deep regret announces to the Army the death of its beloved chief, General George Washington. Sharing in the grief which every heart must feel for so heavy and afflicting a public loss, and desirous to express his high sense of the vast debt of gratitude which is due to the virtues, talents, and ever-memorable services of the illustrious deceased, he directs that funeral honors be paid to him at all the military stations, and that the officers of the Army and of the several corps of volunteers wear crape on the left arm by way of mourning for six months. Major-General Hamilton will give the necessary orders for carrying into effect the foregoing directions.

Given at the War Office of the United States, in Philadelphia, this 19th day of December, A.D. 1799, and in the twenty-fourth year of the Independence of the said States.

By command of the President:

JAMES M'HENRY,
Secretary of War.

[From Claypoole's American Daily Advertiser, Philadelphia, December 21, 1799.]

NAVY DEPARTMENT, December 20, 1799.

The President with deep affliction announces to the Navy and to the marines the death of our beloved fellow-citizen, George Washington, commander of our armies and late President of the United States, but rendered more illustrious by his eminent virtues and a long series of the most important services than by the honors which his grateful country delighted to confer upon him.

Desirous that the Navy and marines should express, in common with every other description of American citizens, the high sense which all feel of the loss our country has sustained in the death of this good and great man, the President directs that the vessels of the Navy in our own and foreign ports be put in mourning for one week by wearing their colors half-mast high, and that the officers of the Navy and of the marines wear crape on the left arm below the elbow for six months.

BEN. STODDERT.

[From Claypoole's American Daily Advertiser, Philadelphia, December 24, 1799.]

Impressed with unspeakable grief and under the influence of an affectionate sympathy which must pervade the hearts of his beloved fellow citizen soldiers, the Blues, Brigadier-General MacPherson announces the following communication:

PHILADELPHIA, December 21, 1799.

Major-General Hamilton has received through the Secretary of War the following order from the President of the United States:

[For order see preceding page.]

The impressive terms in which this great national calamity is announced by the President could receive no new force from anything that might be added. The voice of praise would in vain endeavor to exalt a character unrivaled on the lists of true glory. Words would in vain attempt to give utterance to that profound and reverential grief which will penetrate every American bosom and engage the sympathy of an admiring world. If the sad privilege of preeminence in sorrow may justly be claimed by the companions in arms of our lamented Chief, their affections will spontaneously perform the dear though painful duty. 'Tis only for me to mingle my tears with those of my fellow-soldiers, cherishing with them the precious recollection that while others are paying a merited tribute to "The Man of the Age" we in particular, allied as we were to him by a closer tie, are called to mourn the irreparable loss of a kind and venerated patron and father!

In obedience to the directions of the President, the following funeral honors will be paid at the several stations of the Army:

At daybreak sixteen guns will be fired in quick succession and one gun at a distance of each half hour till sunset.

During the procession of the troops to the place representing that of the interment and until the conclusion of the ceremonial minute guns will be fired.

The bier will be received by the troops formed in line presenting their arms and the officers, drums, and colors saluting. After this the procession will begin, the troops marching by platoons in inverted order and with arms reversed to the place of interment, the drums muffled and the music playing a dead march.

The bier, carried by four sergeants and attended by six pallbearers, where there is cavalry will be preceded by the cavalry and will be followed by the troops on foot. Where there is no cavalry, a detachment of infantry will precede the bier, which itself will in every case be preceded by such of the clergy as may be present. The officers of the general staff will immediately succeed the bier.

Where a numerous body of citizens shall be united with the military in the procession, the whole of the troops will precede the bier, which will then be followed by the citizens.

When arrived near the place of interment, the procession will halt, the troops in front of the bier will form in line, and, opening their ranks, will face inwards, to admit the passage of the bier, which will then pass through the ranks, the troops leaning on their arms, reversed, while the bier passes. When the bier shall have passed, the troops will resume their position in line, and, reversing their arms, will remain leaning upon them until the ceremonial shall be closed.

The music will now perform a solemn air, after which the introductory part of this order shall be read.

At the end of this a detachment of infantry, appointed for the purpose, will advance and fire three volleys over the bier.

The troops will then return, the music playing the President's march, the drums previously unmuffled.

The uniform companies of militia are invited to join in arms the volunteer corps.

The commanders at particular stations, conforming generally to this plan, will make such exceptions as will accommodate it to situation. At places where processions of unarmed citizens shall take place it is the wish of the Major-General that the military ceremonial should be united, and the particular commanders at those places are authorized to vary the plan so as to adapt it to the circumstances.

Brigadier-General MacPherson is charged to superintend the ceremonial in the city of Philadelphia; Major Tousard will attend to Fort Mifflin and will cooperate with him.

The day of performing the ceremonial at each station is left to the particular commander.

Major-General Pinckney will make such further arrangements within his district as he shall deem expedient.

PHILIP CHURCH,
Aid-de-Camp.

In conformity to the above the volunteers of the city and county of Philadelphia in the service of the United States will parade, completely equipped, at the manege, in Chesnut street, on Thursday next, the 26th instant, at 10 o'clock a.m. The officers, together with the uniform companies of militia who may think proper to join on this mournful occasion, will please to signify their intention to Brigadier-General MacPherson at his quarters on or before Tuesday next at 1 o'clock p.m., in order that the necessary arrangement may be made to pay the last sad tribute of veneration to the manes of the late Commander in Chief of the Armies of the United States.

By order of Brigadier-General MacPherson:

JONATHAN WILLIAMS,
Aid-de-Camp.

[The following interesting paper is extracted from a speech of Senator W.C. Rives, of Virginia, delivered in the United States Senate February 12, 1839, on a bill to prevent the interference of certain Federal officers in elections. (See Congressional Globe, Twenty-fifth Congress, third session, Vol. VII, Appendix, p. 409.) This order President Jefferson caused to be issued by the heads of the several Departments shortly after his inauguration, March 4, 1801. References are made to it in several publications, but the originals could not be found.]

The President of the United States has seen with dissatisfaction officers of the General Government taking on various occasions active parts in elections of the public functionaries, whether of the General or of the State Governments. Freedom of elections being essential to the mutual independence of governments and of the different branches of the same government, so vitally cherished by most of our constitutions, it is deemed improper for officers depending on the Executive of the Union to attempt to control or influence the free exercise of the elective right. This I am instructed, therefore, to notify to all officers within my Department holding their appointments under the authority of the President directly, and to desire them to notify to all subordinate to them. The right of any officer to give his vote at elections as a qualified citizen is not meant to be restrained, nor, however given, shall it have any effect to his prejudice; but it is expected that he will not attempt to influence the votes of others nor take any part in the business of electioneering, that being deemed inconsistent with the spirit of the Constitution and his duties to it.

[From the Writings of Thomas Jefferson, Paul Leicester Ford, Vol. VIII, pp. 99-101.]

CIRCULAR TO THE HEADS OF THE DEPARTMENTS.

WASHINGTON, November 6, 1801.

DEAR SIR: Coming all of us into executive office new and unfamiliar with the course of business previously practiced, it was not to be expected we should in the first outset adopt in every part a line of proceeding so perfect as to admit no amendment. The mode and degrees of communication, particularly between the Presidents and heads of Departments, have not been practiced exactly on the same scale in all of them. Yet it would certainly be more safe and satisfactory for ourselves as well as the public that not only the best but also an uniform course of proceeding as to manner and degree should be observed. Having been a member of the first Administration under General Washington, I can state with exactness what our course then was. Letters of business came addressed sometimes to the President, but most frequently to the heads of Departments. If addressed to himself, he referred them to the proper Department to be acted on. If to one of the Secretaries, the letter, if it required no answer, was communicated to the President simply for his information. If an answer was requisite, the Secretary of the Department communicated the letter and his proposed answer to the President. Generally they were simply sent back after perusal, which signified his approbation. Sometimes he returned them with an informal note, suggesting an alteration or a query. If a doubt of any importance arose, he reserved it for conference. By this means he was always in accurate possession of all facts and proceedings in every part of the Union, and to whatsoever Department they related; he formed a central point for the different branches; preserved an unity of object and action among them; exercised that participation in the suggestion of affairs which his office made incumbent on him, and met himself the due responsibility for whatever was done. During Mr. Adams's Administration his long and habitual absences from the seat of Government rendered this kind of communication impracticable, removed him from any share in the transaction of affairs, and parceled out the Government, in fact, among four independent heads, drawing sometimes in opposite directions. That the former is preferable to the latter course can not be doubted. It gave, indeed, to the heads of Departments the trouble of making up once a day a packet of all their communications for the perusal of the President; it commonly also retarded one day their dispatches by mail; but in pressing cases this injury was prevented by presenting that case singly for immediate attention, and it produced us in return the benefit of his sanction for every act we did. Whether any change of circumstances may render a change in this procedure necessary a little experience will show us. But I can not withhold recommending to heads of Departments that we should adopt this course for the present, leaving any necessary modifications of it to time and trial. I am sure my conduct must have proved better than a thousand declarations would that my confidence in those whom I am so happy as to have associated with me is unlimited, unqualified, and unabated. I am well satisfied that everything goes on with a wisdom and rectitude which I could not improve. If I had the universe to choose from, I could not change one of my associates to my better satisfaction. My sole motives are those before expressed, as governing the first Administration in chalking out the rules of their proceeding, adding to them only a sense of obligation imposed on me by the public will to meet personally the duties to which they have appointed me. If this mode of proceeding shall meet the approbation of the heads of Departments, it may go into execution without giving them the trouble of an answer. If any other can be suggested which would answer our views and add less to their labors, that will be a sufficient reason for my preferring it to my own proposition, to the substance of which only, and not the form, I attach any importance.

TH: JEFFERSON.

[From Annals of Congress, Tenth Congress, second session, 332-333.]

By virtue of the act entitled "An act making provision for defraying any extraordinary expenses attending the intercourse between the United States and foreign nations," passed on the 13th day of February, 1806, and of which the annexed is an official exemplification, I, Thomas Jefferson, President of the United States of America, do hereby authorize and empower Albert Gallatin, Secretary of the Treasury of the United States, to take all proper and necessary measures for placing the $2,000,000 appropriated by the act above recited at the joint disposal of John Armstrong and James Bowdoin, commissioners plenipotentiary and extraordinary for settling all matters of difference between the United States and the Government of Spain, and, in case of the death of one of them, at the disposal of the survivor, to be jointly applied by the said John Armstrong and James Bowdoin, or, in case of the death of one of them, by the survivor, to such purposes as I may think proper to direct in my instructions to them; and for so doing this shall be his sufficient warrant.

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

[SEAL.]

Given under my hand, at the city of Washington, this 18th day of March, 1806.

TH: JEFFERSON.

By the President:
JAMES MADISON,
Secretary of State.

[From the Writings of Thomas Jefferson, Paul Leicester Ford, Vol. IX, pp. 34-35.]

CIRCULAR LETTER TO THE GOVERNORS OF KENTUCKY, TENNESSEE, OHIO, AND MISSISSIPPI.

WASHINGTON, March 21, 1807.

SIR: Although the present state of things on the western side of the Mississippi does not threaten any immediate collision with our neighbors in that quarter and it is our wish they should remain undisturbed until an amicable adjustment may take place, yet as this does not depend on ourselves alone it has been thought prudent to be prepared to meet any movements which may occur. The law of a former session of Congress for keeping a body of 100,000 militia in readiness for service at a moment's warning is still in force, but by an act of the last session, a copy of which I now inclose, the Executive is authorized to accept the services of such volunteers as shall offer themselves on the conditions of the act, which may render a resort to the former act unnecessary. It is for the execution of this act that I am now to solicit your zealous endeavors. The persons who shall engage will not be called from their homes until some aggression, committed or intended, shall render it necessary. When called into action it will not be for a lounging but for an active and perhaps distant service. I know the effect of this consideration in kindling that ardor which prevails for this service, and I count on it for filling up the numbers requisite without delay. To yourself I am sure it must be as desirable as it is to me to transfer this service from the great mass of our militia to that portion of them to whose habits and enterprise active and distant service is most congenial. In using, therefore, your best exertions toward accomplishing the object of this act you will render to your constituents as well as to the nation a most acceptable service.

With respect to the organizing and officering those who shall be engaged within your State the act itself will be your guide, and as it is desirable that we should be kept informed of the progress in this business I must pray you to report the same from time to time to the Secretary of War, who will correspond with you on all the details arising out of it.

I salute you with great consideration and respect.

TH: JEFFERSON.

[From American State Papers, Finance, Vol. II, p. 449.]

James Madison, President of the United States of America, to Albert Gallatin, Secretary of the Treasury:

By virtue of the act entitled "An act authorizing a loan of money for a sum not exceeding the amount of the principal of the public debt reimbursable during the year 1810," passed on the 1st day of May, 1810, I do hereby authorize and empower you, by yourself or any other person or persons, to borrow on behalf of the United States, of the Bank of the United States, any sum not exceeding in the whole $3,750,000, and to make or cause to be made for that purpose such contract as shall be necessary and for the interest of the said States, pursuant to the act aforesaid; and for so doing this shall be your warrant.

Given under my hand, at Washington, this 28th day of May, A.D. 1810.

JAMES MADISON.

[From Annals of Congress, Thirteenth Congress, Vol. II, 2544-2545.]

NAVY DEPARTMENT, July 29, 1813.

Commanding Officers of Stations or Vessels of United States Navy:

The palpable and criminal intercourse held with the enemy's forces blockading and invading the waters and shores of the United States is, in a military view, an offense of so deep a dye as to call for the vigilant interposition of all the naval officers of the United States.

This intercourse is not only carried on by foreigners, under the specious garb of friendly flags, who convey provisions, water, and succors of all kinds (ostensibly destined for friendly ports, in the face, too, of a declared and rigorous blockade) direct to the fleets and stations of the enemy, with constant intelligence of our naval and military force and preparation and the means of continuing and conducting the invasion, to the greatest possible annoyance of the country, but the same traffic, intercourse, and intelligence is carried on with great subtility and treachery by profligate citizens, who, in vessels ostensibly navigating our own waters from port to port, under cover of night or other circumstances favoring their turpitude, find means to convey succors or intelligence to the enemy and elude the penalty of the law. This lawless traffic and intercourse is also carried on to a great extent in craft whose capacity exempts them from the regulations of the revenue laws and from the vigilance which vessels of greater capacity attract.

I am therefore commanded by the President of the United States to enjoin and direct all naval commanding officers to exercise the strictest vigilance and to stop and detain all vessels or craft whatsoever proceeding or apparently intending to proceed toward the enemy's vessels within the waters or hovering about the harbors of the United States, or toward any station occupied by the enemy within the jurisdiction of the United States, from which vessels or craft the enemy might derive succors or intelligence.

W. JONES.

[From Congressional Globe, Vol. V, p. 323.]

TREASURY DEPARTMENT, February 22, 1836.

To Receivers of Public Moneys, Collectors, Disbursing Officers, and the Deposit Banks of the United States:

The established policy of the Treasury Department, so far as may be practicable under its present powers over the collection, keeping, and disbursement of the public money, is to diminish the circulation of small bank notes and to substitute specie, and especially gold, for such notes, with the view of rendering the currency of the country, through which its fiscal operations are performed, more safe, sound, and uniform. In pursuance of that policy, a circular was issued last April which prohibited after the 30th September, 1835, the receipt on account of the Government of any bank notes of a less denomination than $5, and which intimated that other steps to promote the desirable objects before named would in due time be taken.

Consequently, in further pursuance of the same policy, you are hereby required after the 1st of May next not to pay the demands of any public officer or creditor in any bank notes of a less denomination than $5, and, except when it may be otherwise prescribed by law, after the 4th of July next not to receive or pay on account of the Government any bank notes of a less denomination than $10.

All the deposit banks are requested to supply themselves with such a quantity of American gold coin as to be able to pay, and when a public officer or creditor prefers it, and his demand does not exceed $500, to pay at least one-fifth of such demand in that coin. It is also requested that the deposit banks will not after the 4th of July next issue any notes of a less denomination than $5, and that after the 3d of March, 1837, they will not, unless the subject be otherwise regulated by Congress, issue any notes of a less denomination than $10. It is believed that the amount of gold which by that time shall be coined at the Mint will be sufficient to admit of the convenient substitution of it for small notes in a much greater extent than at present; and it is deemed reasonable that while the deposit banks have the use, without interest, of unusually large sums of the public money they should make some further temporary sacrifices to obtain and circulate gold and in other respects to enlarge the specie basis of our circulating medium.

From these considerations and from the liberal spirit evinced by most of the public depositories in a late correspondence with them on this subject, it is confidently expected that in this state of things they will cheerfully comply with the above requests and with all others which have been made by the Department with a view of improving the currency; nor will it, I trust, be considered unjust or impolitic, while the deposit banks shall continue to enjoy great privileges from the Treasury, to regard a neglect or refusal by any of them to comply with those requests as sufficient cause for discontinuing the employment of such banks as fiscal agents.

At a proper time it will be decided under what circumstances and at what periods these restrictions on the agents and officers of the Treasury shall be extended to notes of any denomination under $20.

This communication is made with the sanction of the President of the United States, and it is hoped that till otherwise prescribed by Congress or by this Department these requirements and requests will be faithfully complied with by all the fiscal agents of this Department and all the collecting and disbursing officers of the Government.

LEVI WOODBURY,
Secretary of the Treasury.

[From Senate Doc. No. 15, Twenty-fourth Congress, second session.]

CIRCULAR FROM THE SECRETARY OF THE TREASURY TO RECEIVERS OF PUBLIC MONEY AND TO THE DEPOSIT BANKS.

TREASURY DEPARTMENT, July 11, 1836.

In consequence of complaints which have been made of frauds, speculations, and monopolies in the purchase of the public lands, and the aid which is said to be given to effect these objects by excessive bank credits and dangerous, if not partial, facilities through bank drafts and bank deposits, and the general evil influence likely to result to the public interests, and especially the safety of the great amount of money in the Treasury, and the sound condition of the currency of the country from the further exchange of the national domain in this manner, and chiefly for bank credits and paper money, the President of the United States has given directions, and you are hereby instructed, after the 15th day of August next, to receive in payment of the public lands nothing except what is directed by the existing laws, viz, gold and silver, and in the proper cases Virginia land scrip: Provided, That till the 15th of December next the same indulgences heretofore extended as to the kind of money received may be continued for any quantity of land not exceeding 320 acres to each purchaser who is an actual settler or bona fide resident in the State where the sales are made.

In order to insure the faithful execution of these instructions, all receivers are strictly prohibited from accepting for land sold any draft, certificate, or other evidence of money or deposit, though for specie, unless signed by the Treasurer of the United States in conformity to the act of April 24, 1820; and each of those officers is required to annex to his monthly returns to this Department the amount of gold and of silver, respectively, as well as the bills, received under the foregoing exception; and each deposit bank is required to annex to every certificate given upon a deposit of money the proportions of it actually paid in gold, in silver, and in bank notes. All former instructions on these subjects, except as now modified, will be considered as remaining in full force.

The principal objects of the President in adopting this measure being to repress alleged frauds and to withhold any countenance or facilities in the power of the Government from the monopoly of the public lands in the hands of speculators and capitalists, to the injury of the actual settlers in the new States and of emigrants in search of new homes, as well as to discourage the ruinous extension of bank issues and bank credits by which those results are generally supposed to be promoted, your utmost vigilance is required and relied on to carry this order into complete execution.

LEVI WOODBURY,
Secretary of the Treasury.

[From American State Papers, Military Affairs, Vol. VII, p. 554.]

HERMITAGE, September 7, 1836.

General J.E. WOOL,
East Tennessee.

SIR: Your letter of the 30th ultimo has just been handed to me by Mr. Rogers, the express. Being in a state of preparation for setting out for Washington and surrounded by much company, I have but a moment to reply to it.

In relation to your observations respecting the apportionment of the 10,000 volunteers, I need not say more here than that the requisition on the governor of the State was a sufficient guide for the organization of the part allotted to Tennessee. This requisition was for 2,500 men, to be raised in two brigades, one in the East and the other in West Tennessee, and there could be no authority to muster more into the service. The remainder of the 10,000 had been required from other States and Territories.

I have turned to the letter of the Adjutant-General to which you have called my attention. You will find, I think, that it relates to the volunteers called for agreeably to the requisition on the governor of Tennessee for 2,500. I can not suppose that it was expected of you to receive a greater number than this into the service.

As you have the treaty before you and the instructions of the Acting Secretary of War, I do not see that I can add anything more on this subject at present. The treaty is to be religiously fulfilled. You may assure all concerned that no modification or alteration in it will be made by me. Of this Mr. John Ross is fully advised. His friend, Mr. Standefer, who waited upon me at Washington and made the inquiry whether I would agree to a supplemental article admitting the Rosses and their delegation in as chiefs, was informed that I would not. You will therefore make known to the Cherokee people that no alteration in the treaty will be made, but that all its terms and conditions will be faithfully and fully executed. Should you find any evil-disposed white man in the nation exciting the Indians not to comply with the treaty, you will forthwith order him or them out of the nation, and if they refuse to go, the facts being thoroughly established, you will take the steps necessary to put them out. Such characters must be considered in the light of intruders, prohibited by the treaty from living within the limits of the nation.

You will caution John Ross from calling any council of the Cherokee people with the view of opposing or altering the treaty. He knows that there will be no further negotiation on the subject; that the Cherokees are to emigrate in two years from the ratification of the treaty, and will be obliged to go within that period; that the collisions between them and the whites have been too long continued for the gratification of himself at the expense of the poor in the nation.

I have had a letter from Governor Carroll. He will leave Pontotoc at as early a moment as he can, and expects to meet Governor Lumpkin early in October next.

With these hasty remarks, I remain, your obedient servant,

ANDREW JACKSON.

[From Congressional Globe, Vol. VII, Appendix, p. 245.]

DEPARTMENT OF STATE, Washington, December 7, 1837.

SIR:[179] In the course of the contest which has commenced in a portion of the territory of Great Britain between portions of the population and the Government some of our citizens may, from their connection with the settlers and from their love of enterprise and desire of change, be induced to forget their duty to their own Government and its obligations to foreign powers. It is the fixed determination of the President faithfully to discharge, so far as his power extends, all the obligations of this Government, and that obligation especially which requires that we shall abstain under every temptation from intermeddling with the domestic disputes of other nations. You are therefore earnestly enjoined to be attentive to all movements of a hostile character contemplated or attempted within your district, and to prosecute without discrimination all violators of those laws of the United States which have been enacted to preserve peace with foreign powers and to fulfill all the obligations of our treaties with them.

I am, sir, your obedient servant,

JOHN FORSYTH.

[From Congressional Globe, Vol. VII, Appendix, p. 245.]

DEPARTMENT OF STATE, Washington, December 7, 1837.

His Excellency WILLAM L. MARCY,
Governor of the State of New York.

SIR: A contest having commenced in a territory of Great Britain adjoining the United States between portions of the population and government, during which attempts may be made to violate the laws of the United States passed to preserve the relations of amity with foreign powers and to fulfill the obligations of our treaties with them, by the directions of the President I have the honor to request the attention of your excellency to any movements of that character that may be contemplated in the State of New York and your prompt interference to arrest the parties concerned if any preparations are made of a hostile nature against any foreign power in amity with the United States.

I have the honor to be, sir, your obedient servant,

JOHN FORSYTH.

[Sent also to the governors of Vermont and Michigan.]

[From House Ex. Doc. No. 163, Fiftieth Congress, first session, p. 6.]

EXECUTIVE ORDERS TOUCHING DISPOSAL OF FLAGS CAPTURED IN WAR WITH MEXICO.

DECEMBER 26, 1848.

Pursuant to the second section of act approved April 18, 1814, directing that all flags, standards, and colors taken by the Army and Navy of the United States from their enemies be preserved and displayed under the direction of the President of the United States in such public place as he shall deem proper, the Secretary of War is directed to take measures to cause the flags, standards, and colors taken by the Army of the United States from their enemies in the recent war with Mexico to be deposited for the purpose specified in the act in the Military Academy at West Point.

JAMES K. POLK.

[From official records, War Department.]

WASHINGTON, September 11, 1861.

Major-General JOHN C. FRÉMONT.

SIR: Yours of the 8th, in answer to mine of the 2d instant, is just received. Assuming that you, upon the ground, could better judge of the necessities of your position than I could at this distance, on seeing your proclamation of August 30 I perceived no general objection to it. The particular clause, however, in relation to the confiscation of property and the liberation of slaves appeared to me to be objectionable in its nonconformity to the act of Congress passed the 6th of last August upon the same subjects, and hence I wrote you expressing my wish that that clause should be modified accordingly. Your answer, just received, expresses the preference on your part that I should make an open order for the modification, which I very cheerfully do. It is therefore ordered that the said clause of said proclamation be so modified, held, and construed as to conform to and not to transcend the provisions on the same subject contained in the act of Congress entitled "An act to confiscate property used for insurrectionary purposes," approved August 6, 1861, and that said act be published at length with this order.

Your obedient servant,

A. LINCOLN.

[From McPherson's History of the Rebellion, p. 248.]

DEPARTMENT OF STATE, Washington, December 4, 1861.

Major-General GEORGE B. McCLELLAN,
Washington.

GENERAL: I am directed by the President to call your attention to the following subject:

Persons claimed to be held to service or labor under the laws of the State of Virginia and actually employed in hostile service against the Government of the United States frequently escape from the lines of the enemy's forces and are received within the lines of the Army of the Potomac.

This Department understands that such persons afterwards coming into the city of Washington are liable to be arrested by the city police upon the presumption, arising from color, that they are fugitives from service or labor.

By the fourth section of the act of Congress approved August 6, 1861, entitled "An act to confiscate property used for insurrectionary purposes," such hostile employment is made a full and sufficient answer to any further claim to service or labor. Persons thus employed and escaping are received into the military protection of the United States, and their arrest as fugitives from service or labor should be immediately followed by the military arrest of the parties making the seizure.

Copies of this communication will be sent to the mayor of the city of Washington and to the marshal of the District of Columbia, that any collision between the civil and military authorities may be avoided.

I am, General, your very obedient servant,

WILLIAM H. SEWARD.

[From McPherson's History of the Rebellion, p. 252.]

WAR DEPARTMENT, Washington City, July 3, 1862.

Major-General B.F. BUTLER,
Commanding, etc., New Orleans, La.

GENERAL: I wrote you last under date of the 29th ultimo, and have now to say that your dispatch of the 18th ultimo, with the accompanying report of General Phelps concerning certain fugitive negroes that have come to his pickets, has been considered by the President.

He is of opinion that under the law of Congress they can not be sent back to their master; that in common humanity they must not be permitted to suffer for want of food, shelter, or other necessaries of life; that to this end they should be provided for by the Quartermaster's and Commissary's departments, and that those who are capable of labor should be set to work and paid reasonable wages.

In directing this to be done the President does not mean at present to settle any general rule in respect to slaves or slavery, but simply to provide for the particular case under the circumstances in which it is now presented.

I am, General, very respectfully, your obedient servant,

EDWIN M. STANTON,
Secretary of War.

[From official records, War Department.]

WASHINGTON, May 1, 1863.

Major-General WOOL,
Commanding at New York:

By virtue of the act of Congress authorizing the President to take possession of railroad and telegraph lines, etc., passed February 4, 1862, the President directs that you take immediate military possession of the telegraph lines lately established between Philadelphia and Boston, called the Independent Telegraph Company, and forbid the transmission of any intelligence relating to the movements of the Army of the Potomac or any military forces of the United States. In case this order is violated arrest and imprison the perpetrators in Fort Delaware, reporting to the Department. If the management of the line will stipulate to transmit no military intelligence without the sanction of the War Department, they need not be interfered with so long as the engagement is fulfilled. This order will be executed so as not to interfere with the ordinary business of the telegraph company.

By order of the President:

E.M. STANTON,
Secretary of War.

[From McPherson's History of the Rebellion, p. 436.]

Hon. ANDREW JOHNSON,
Military Governor of Tennessee:

You are hereby authorized to exercise such powers as may be necessary and proper to enable the loyal people of Tennessee to present such a republican form of State government as will entitle the State to the guaranty of the United States therefor and to be protected under such State government by the United States against invasion and domestic violence, all according to the fourth section of the fourth article of the Constitution of the United States.

ABRAHAM LINCOLN.

SEPTEMBER 19, 1863.

[From official records, War Department.]

GENERAL ORDERS, No. 329.

WAR DEPARTMENT,
ADJUTANT-GENERAL'S OFFICE,
Washington, October 3, 1863.

Whereas the exigencies of the war require that colored troops should be recruited in the States of Maryland, Missouri, and Tennessee, it is—

Ordered by the President, That the chief of the bureau for organizing colored troops shall establish recruiting stations at convenient places within said States and give public notice thereof, and be governed by the following regulations:

First. None but able-bodied persons shall be enlisted.

Second. The State and county in which the enlistments are made shall be credited with the recruits enlisted.

Third. All persons enlisted into the military service shall forever thereafter be free.

Fourth. Free persons, and slaves with the written consent of their owners, and slaves belonging to those who have been engaged in or given aid and comfort to the rebellion may be now enlisted, the owners who have not been engaged in or given aid to the rebellion being entitled to receive compensation as hereafter provided.

Fifth. If within thirty days from the date of opening enlistments, notice thereof and of the recruiting stations being published, a sufficient number of the description of persons aforesaid to meet the exigencies of the service shall not be enlisted, then enlistments may be made of slaves without requiring consent of their owners; but they may receive compensation as herein provided for owners offering their slaves for enlistment.

Sixth. Any citizen of said States who shall offer his or her slave for enlistment into the military service shall if such slave be accepted receive from the recruiting officer a certificate thereof and become entitled to compensation for the service or labor of said slave, not exceeding the sum of $300, upon filing a valid deed of manumission and of release and making satisfactory proof of title; and the recruiting officer shall furnish to any claimant a descriptive list of any person enlisted and claimed under oath to be his or her slave, and allow anyone claiming under oath that his or her slave has been enlisted without his or her consent the privilege of inspecting the enlisted men for the purpose of identification.

Seventh. A board of three persons shall be appointed by the President, to whom the rolls and recruiting lists shall be furnished for public information, and on demand exhibited to any person claiming that his or her slave has been enlisted against his or her will.

Eighth. If any person shall within ten days after the filing of said rolls make a claim for the service of any person so enlisted, the board shall proceed to examine the proofs of title, and if valid shall award just compensation, not exceeding $300, for each slave enlisted belonging to the claimant, and upon the claimant's filing a valid deed of manumission and release of service the board shall give the claimant a certificate of the sum awarded, which on presentation shall be paid by the chief of the bureau.

Ninth. All enlistments of colored troops in the State of Maryland otherwise than in accordance with these regulations are forbidden.

Tenth. No person who is or has been engaged in rebellion against the Government of the United States, or who in any way has given or shall give aid or comfort to the enemies of the Government, shall be permitted to present any claim or receive any compensation for the labor or service of any slave, and all claimants shall file with their claim an oath of allegiance to the United States.

By order of the President:

E.D. TOWNSEND,
Assistant Adjutant-General.

[From McPherson's History of Reconstruction, p. 122.]

WASHINGTON, March 3, 1865—12 p.m.

Lieutenant-General GRANT:

The President directs me to say to you that he wishes you to have no conference with General Lee unless it be for the capitulation of General Lee's army or on some minor and purely military matter. He instructs me to say that you are not to decide, discuss, or confer upon any political question. Such questions the President holds in his own hands and will submit them to no military conferences or conventions. Meantime you are to press to the utmost your military advantages.

EDWIN M. STANTON,
Secretary of War.

[From McPherson's History of Reconstruction, p. 13.]

EXECUTIVE OFFICE, August 16, 1865.

O.O. HOWARD,
Major-General, Commissioner Freedmen's Affairs:

Respectfully returned to the Commissioner of Bureau Refugees, Freedmen, etc. The records of this office show that B.B. Leake was specially pardoned by the President on the 27th ultimo, and was thereby restored to all his rights of property except as to slaves. Notwithstanding this, it is understood that the possession of his property is withheld from him. I have therefore to direct that General Fisk, assistant commissioner at Nashville, Tenn., be instructed by the Chief Commissioner of Bureau of Freedmen, etc., to relinquish possession of the property of Mr. Leake held by him as assistant commissioner, etc., and that the same be immediately restored to the said Leake. The same action will be had in all similar cases.

ANDREW JOHNSON,
President United States.

[From McPherson's History of Reconstruction, p. 12.]

CIRCULAR No. 15.

WAR DEPARTMENT,
BUREAU REFUGEES, FREEDMEN, AND ABANDONED LANDS,
Washington, D.C., September 12, 1865.

I. Circular No. 13, of July 28, 1865, from this Bureau, and all portions of circulars from this Bureau conflicting with the provisions of this circular are hereby rescinded.

II. This Bureau has charge of such "tracts of land within the insurrectionary States as shall have been abandoned or to which the United States shall have acquired title by confiscation or sale or otherwise," and no such lands now in its possession shall be surrendered to any claimant except as hereinafter provided.

III. Abandoned lands are defined in section 2 of the act of Congress approved July 2, 1864, as lands "the lawful owner whereof shall be voluntarily absent therefrom and engaged, either in arms or otherwise, in aiding or encouraging the rebellion."

IV. Land will not be regarded as confiscated until it has been condemned and sold by decree of the United States court for the district in which the property may be found, and the title thereto thus vested in the United States.

V. Upon its appearing satisfactorily to any assistant commissioner that any property under his control is not abandoned as above defined and that the United States has acquired no title to it by confiscation, sale, or otherwise, he will formally surrender it to the authorized claimant or claimants, promptly reporting his action to the Commissioner.

VI. Assistant commissioners will prepare accurate descriptions of all confiscated and abandoned lands under their control, keeping a record thereof themselves and forwarding monthly to the Commissioner copies of these descriptions in the manner prescribed in Circular No. 10, of July 11, 1865, from this Bureau.

They will set apart so much of said lands as is necessary for the immediate use of loyal refugees and freedmen, being careful to select for this purpose those lands which most clearly fall under the control of this Bureau, which selection must be submitted to the Commissioner for his approval.

The specific division of lands so set apart into lots and the rental or sale thereof, according to section 4 of the law establishing the Bureau, will be completed as soon as practicable and reported to the Commissioner.

VII. Abandoned lands held by this Bureau may be restored to owners pardoned by the President by the assistant commissioners, to whom applications for such restoration should be forwarded, so far as practicable, through the superintendents of the districts in which the lands are situated.

Each application must be accompanied by—

First. Evidence of special pardon by the President or a copy of the oath of amnesty prescribed in the President's proclamation of May 29, 1865,[180] when the applicant is not included in any of the classes therein excepted from the benefits of said oath.

Second. Proof of title.

Officers of the Bureau through whom the application passes will indorse thereon such facts as may assist the assistant commissioner in his decision, stating especially the use made by the Bureau of the land.

VIII. No land under cultivation by loyal refugees or freedmen will be restored under this circular until the crops now growing shall be secured for the benefit of the cultivators unless full and just compensation be made for their labor and its products and for their expenditures.

O.O. HOWARD,
Major-General, Commissioner.

Approved:

ANDREW JOHNSON,
President of the United States.

[From McPherson's History of Reconstruction, p. 8.]

WAR DEPARTMENT,
ADJUTANT-GENERAL'S OFFICE,
Washington, April 17, 1866.

Major-General N.A. MILES,
Commanding, etc., Fortress Monroe, Va.:

Ordered, That Clement C. Clay, jr., is hereby released from confinement and permitted to return to and remain in the State of Alabama and to visit such other places in the United States as his personal business may render absolutely necessary, upon the following conditions, viz, that he takes the oath of allegiance to the United States and gives his parole of honor to conduct himself as a loyal citizen of the same and to report himself in person at any time and place to answer any charges that may hereafter be prepared against him by the United States.

Please report receipt and execution of this order.

By order of the President of the United States:

E.D. TOWNSEND,
Assistant Adjutant-General.

[From McPherson's History of Reconstruction, p. 198.]

GENERAL ORDERS, No. 46.

WAR DEPARTMENT,
ADJUTANT-GENERAL'S OFFICE,
Washington, July 13, 1866.

Ordered, That all persons who are undergoing sentence by military courts and have been imprisoned six months, except those who are under sentence for the crimes of murder, arson, or rape, and excepting those who are under sentence at the Tortugas, be discharged from imprisonment and the residue of their sentence remitted. Those who belong to the military service and their term unexpired will be returned to their command if it is still in service, and their release is conditional upon their serving their full term and being of good behavior.

By order of the President of the United States:

E.D. TOWNSEND,
Assistant Adjutant-General.

[From Senate Ex. Doc. No. 82, Forty-ninth Congress, second session, pp. 3-5.]

Whereas, pursuant to the convention between the United States and Spain for the adjustment of the question of reclamation arising from the capture of the Virginius, entered into upon the 27th February, 1875, and duly ratified upon the 11th day of March, 1875, the Spanish Government engaged to deliver to the United States the sum of $80,000, or 400,000 pesetas, for the purpose of the relief of the families of those of the ship's company and of such of the passengers as were citizens of the United States who were executed, and to afford compensation to such of the ship's company and to such passengers as in like manner were citizens of the United States who were detained and suffered loss, excluding from any participation therein all individuals indemnified as British subjects; and

Whereas it was therein further provided that when such amount should have been received the President of the United States would proceed to distribute the same among the parties entitled thereto, in the form and manner which he may judge most equitable; and

Whereas such amount has been duly paid at Madrid and the proceeds thereof are now in possession of the Government of the United States:

Now, therefore, pursuant to the provisions of article 3 of said convention, I, Ulysses S. Grant, President of the United States, do hereby direct that such amount so received shall be distributed among the parties entitled thereto in the following amounts and proportions and pursuant to the following rules:

I. The amounts allowed are determined with a general reference to the rates of wages of officers and crew. All of the ship's company (constituting the crew) are to be regarded and considered as American seamen; but inasmuch as the British Government has demanded and received from Spain certain indemnity and promises of further conditional indemnity for and on account of certain of the crew as being British subjects, those of the crew or passengers who were British subjects, or who have been claimed as such by the British Government, and for whom the British Government demanded or received indemnity from Spain, are to be excluded from the distribution to be made of the indemnity above referred to.

II. Distribution will be made on account of those who were executed as follows:

For each one (being thirteen in number) of the ship's company rated or serving as fireman, mariner, cook, cabin boy, or otherwise than as one of the officers or petty officers hereafter mentioned, who was executed, and excluding those referred to above, and also to each passenger who was executed, being at the time an American citizen, the sum of $2,500.

For each assistant engineer, second, third, fourth engineer or third mate, 40 per cent in addition to the above sum; that is to say, $3,500 each.

For the first mate and first engineer, 80 per cent in addition to the said above-mentioned sum; that is to say, $4,500 each.

For the captain, 150 per cent in addition to the said above-mentioned sum; that is to say, $6,250.

III. The several amounts allowed as above are to be paid to the widow, children, parents, or brothers and sisters of the deceased, as follows:

(1) To the widow of the deceased.

(2) If no widow, to the children of the deceased in equal shares.

Where such children shall be minors, the same shall be paid to a legally appointed guardian.

(3) If no children, then to the father; if no father, to the mother.

(4) If no father or mother, then to the brothers and sisters in equal shares.

(5) If the deceased shall have left no widow, child, parent, brother, or sister, no amount is to be paid on his account.

There shall be allowed to each of the ship's company and to such of the passengers as were citizens of the United States who were detained and suffered loss, to be paid on the conditions hereinafter provided, as follows:

To each of the ship's crew who was under the age of 21 years at the time of the capture, or who was reported at the time as under that age, and to each passenger who was an American citizen, the sum of $250.

To each of the ship's crew who was over the age of 21 years, and who was rated as being a fireman, mariner, cook, cabin boy, or otherwise than as one of the officers or petty officers hereafter mentioned, 40 per cent in addition to the above-allowed sum; that is to say, $350 each.

To any engineer, second or other assistant engineer, mate, purser, assistant purser, or surgeon, 86 per cent in addition to the above-allowed sum; that is to say, $450 to each.

In case any of such persons so entitled to payment shall have died, such amount shall be paid to the family of the deceased as provided in Article III.

IV. The proofs as to all the necessary facts in each case, including identity, relationship, and citizenship, shall be made to the satisfaction of the Department of State as a condition of payment, and a naturalized citizen, where proof of citizenship is necessary, shall produce his certificate of naturalization and furnish satisfactory proof, if required, as to residence and his right, to such certificate.

V. Payments will be made to the parties entitled thereto through the Department of State, or in checks to their order, and will not be made to attorneys.

VI. Prior to any payment being made the party entitled thereto shall sign and duly acknowledge before some competent officer a receipt and release, stating that the sum so paid is received in full satisfaction of any claim or reclamations of any sort which may exist or which might be advanced against the Spanish Government by reason of the capture of the Virginius or the acts of the Spanish authorities connected therewith.

VII. Should any further order or direction be required, the same will hereafter be made as an addition hereto.

In witness whereof I have hereunto set my hand, at the city of Washington, this 21st day of July, A.D. 1875, and of the Independence of the United States of America the one hundredth.

U.S. GRANT.

[From Letters and Messages of Rutherford B. Hayes, pp. 19-22.]

WASHINGTON, April 2, 1877.

The Honorables CHARLES B. LAWRENCE, JOSEPH R. HAWLEY, JOHN M. HARLAN, JOHN C. BROWN, AND WAYNE MACVEAGH, Commissioners.

GENTLEMEN: I am instructed by the President to lay before you some observations upon the occasion and objects which have led him to invite you as members of the commission about to visit the State of Louisiana to undertake this public service.

Upon assuming his office the President finds the situation of affairs in Louisiana such as to justly demand his prompt and solicitous attention, for this situation presents as one of its features the apparent intervention of the military power of the United States in the domestic controversies which unhappily divide the opinions and disturb the harmony of the people of that State. This intervention, arising during the term and by the authority of his predecessor, throws no present duty upon the President except to examine and determine the real extent and form and effect to which such intervention actually exists, and to decide as to the time, manner, and conditions which should be observed in putting an end to it. It is in aid of his intelligent and prompt discharge of this duty that the President has sought the service of this commission to supply by means of its examination, conducted in the State of Louisiana, some information that may be pertinent to the circumspection and security of any measure he may resolve upon.

It will be readily understood that the service desired of and intrusted to this commission does not include any examination into or report upon the facts of the recent State election or of the canvass of the votes cast at such election. So far as attention to these subjects may be necessary the President can not but feel that the reports of the committees of the two Houses of Congress and other public information at hand will dispense with and should preclude any original exploration by the commission of that field of inquiry.

But it is most pertinent and important in coming to a decision upon the precise question of Executive duty before him that the President should know what are the real impediments to regular, legal, and peaceful procedures under the laws and constitution of the State of Louisiana by which the anomalies in government there presented may be put in course of settlement without involving the element of military power as either an agent or a makeweight in such solution. The successful ascertainment of these impediments the President would confidently expect would indicate to the people of that State the wisdom and the mode of their removal. The unusual circumstances which attended and followed the State election and canvass, from its relation to the excited feelings and interests of the Presidential election, may have retarded within the State of Louisiana the persuasive influences by which the great social and material interests common to the whole people of a State, and the pride of the American character as a law-abiding nation, ameliorate the disappointments and dissolve the resentments of close and zealous political contests. But the President both hopes and believes that the great body of the people of Louisiana are now prepared to treat the unsettled results of their State election with a calm and conciliatory spirit. If it be too much to expect a complete concurrence in a single government for that State, at least the President may anticipate a submission to the peaceful resources of the laws and the constitution of the State of all their discussions, at once relieving themselves from the reproach and their fellow-citizens of the United States from the anxieties which must ever attend a prolonged dispute as to the title and the administration of the government of one of the States of the Union.

The President therefore desires that you should devote your first and principal attention to a removal of the obstacles to an acknowledgment of one government for the purpose of an exercise of authority within the State and a representation of the State in its relations to the General Government under section 4 of Article IV of the Constitution of the United States, leaving, if necessary, to judicial or other constitutional arbitrament within the State the question of ultimate right. If these obstacles should prove insuperable, from whatever reason, and the hope of a single government in all its departments be disappointed, it should be your next endeavor to accomplish the recognition of a single legislature as the depositary of the representative will of the people of Louisiana. This great department of government rescued from dispute, the rest of the problem could gradually be worked out by the prevalent authority which the legislative power, when undisputed, is quite competent to exert in composing conflict in the coordinate branches of the government.

An attentive consideration of the conditions under which the Federal Constitution and the acts of Congress provide or permit military intervention by the President in protection of a State against domestic violence has satisfied the President that the use of this authority in determining or influencing disputed elections in a State is most carefully to be avoided. Undoubtedly, as was held by the Supreme Court in the case of Luther vs. Borden, the appeal from a State may involve such an inquiry as to the lawfulness of the authority which invokes the interference of the President in supposed pursuance of the Constitution; but it is equally true that neither the constitutional provision nor the acts of Congress were framed with any such design. Both obviously treated the case of domestic violence within a State as of outbreak against law and the authority of established government which the State was unable to suppress by its own strength. A case wherein every department of the State government has a disputed representation, and a State therefore furnishes to the Federal Government no internal political recognition of authority upon which the Federal Executive can rely, will present a case of so much difficulty that it is of pressing importance to all interests in Louisiana that it should be avoided. A single legislature would greatly relieve this difficulty, for that department of the State government is named by the Constitution as the necessary applicant, when it can be convened, for military intervention by the United States.

If, therefore, the disputing interests can concur in or be reduced to a single legislature for the State of Louisiana, it would be a great step in composing this unhappy strife.

The President leaves entirely to the commission the conciliatory influences which, in their judgment formed on the spot, may seem to conduce to the proposed end. His own determination that only public considerations should inspire and attend this effort to give the ascendency in Louisiana to the things that belong to peace is evinced by his selection of commissioners who offer to the country in their own character every guaranty of the public motives and methods of the transactions which they have undertaken. Your report of the result of this endeavor will satisfy the President, he does not doubt, of the wisdom of his selection of and of his plenary trust in the commission.

A second and less important subject of attention during your visit to New Orleans will be the collection of accurate and trustworthy information from the public officers and prominent citizens of all political connections as to the state of public feeling and opinion in the community at large upon the general questions which affect the peaceful and safe exercise within the State of Louisiana of all legal and political rights and the protection of all legal and political privileges conferred by the Constitution of the United States upon all citizens. The maintenance and protection of these rights and privileges by all constitutional means and by every just, moral, and social influence are the settled purpose of the President in his administration of the Government. He will hope to learn from your investigations that this purpose will be aided and not resisted by the substantial and effective public opinion of the great body of the people of Louisiana.

The President does not wish to impose any limit upon your stay in Louisiana that would tend to defeat the full objects of your visit. He is, however, extremely desirous to find it in his power at the earliest day compatible with a safe exercise of that authority to put an end to even the appearance of military intervention in the domestic affairs of Louisiana, and he awaits your return with a confident hope that your report will enable him promptly to execute a purpose he has so much at heart.

The President desires me to add that the publication of the results of your visit he shall hope to make immediately after their communication to him.

I have the honor to be, with great respect, your obedient servant,

WM. M. EVARTS.

[From Letters and Messages of Rutherford B. Hayes, p. 25.]

EXECUTIVE MANSION, Washington, April 20, 1877.

Hon. GEO. W. McCRARY,
Secretary of War.

SIR: Prior to my entering upon the duties of the Presidency there had been stationed, by order of my predecessor, in the immediate vicinity of the building used as a statehouse in New Orleans, La., and known as Mechanics' Institute, a detachment of United States infantry. Finding them in that place, I have thought proper to delay a decision of the question of their removal until I could determine whether the condition of affairs is now such as to either require or justify continued military intervention of the National Government in the affairs of the State.

In my opinion there does not now exist in Louisiana such domestic violence as is contemplated by the Constitution as the ground upon which the military power of the National Government may be invoked for the defense of the State. The disputes which exist as to the right of certain claimants to the chief executive office of that State are to be settled and determined, not by the Executive of the United States, but by such orderly and peaceable methods as may be provided by the constitution and the laws of the State.

Having the assurance that no resort to violence is contemplated, but, on the contrary, the disputes in question are to be settled by peaceful methods under and in accordance with law, I deem it proper to take action in accordance with the principles announced when I entered upon the duties of the Presidency.

You are therefore directed to see that the proper orders are issued for the removal of said troops at an early date from their present position to such regular barracks in the vicinity as may be selected for their occupation.

R.B. HAYES.