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The Papers And Writings Of Abraham Lincoln — Volume 6: 1862-1863
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The Papers And Writings Of Abraham Lincoln — Volume 6: 1862-1863

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

Done at the city of Washington, this fifteenth day of July, 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-eighth.

A. LINCOLN.

By, the President WILLIAM H. SEWARD,

Secretary of State.

TELEGRAM TO L. SWETT

[Cipher.]

WAR DEPARTMENT, WASHINGTON CITY, July 15, 1863.

HON. L SWETT, San Francisco, Cal.:

Many persons are telegraphing me from California, begging me for the peace of the State to suspend the military enforcement of the writ of possession in the Almaden case, while you are the single one who urges the contrary. You know I would like to oblige you, but it seems to me my duty in this case is the other way.

A. LINCOLN.

TELEGRAM TO SIMON CAMERON

[Cipher.]

WAR DEPARTMENT, WASHINGTON CITY, JULY 15, 1863.

HON. SIMON CAMERON, Harrisburg, Pa.:

Your despatch of yesterday received. Lee was already across the river when you sent it. I would give much to be relieved of the impression that Meade, Couch, Smith, and all since the battle at Gettysburg, have striven only to get Lee over the river without another fight. Please tell me, if you know, who was the one corps commander who was for fighting in the council of war on Sunday night.

A. LINCOLN.

TELEGRAM TO J. O. BROADHEAD

WASHINGTON, D.C., JULY 15, 1863

J. O. BROADHEAD, St. Louis, Mo.:

The effect on political position of McKee's arrest will not be relieved any by its not having been made with that purpose.

A. LINCOLN.

TO GENERAL LANE

EXECUTIVE MANSION, WASHINGTON, July 17 1863

HON. S. H. LANE.

MY DEAR SIR: — Governor Carney has not asked to [have] General Blunt removed, or interfered with, in his military operations. He has asked that he, the Governor, be allowed to commission officers for troops raised in Kansas, as other governors of loyal States do; and I think he is right in this.

He has asked that General Blunt shall not take persons charged with civil crimes out of the hands of the courts and turn them over to mobs to be hung; and I think he is right in this also. He has asked that General Ewing's department be extended to include all Kansas; and I have not determined whether this is right or not.

Yours truly,

A. LINCOLN.

TELEGRAM TO GOVERNOR MORTON

WASHINGTON, D. C., July 18, 1863

GOVERNOR O. P. MORTON, Indianapolis:

What do you remember about the case of John O. Brown, convicted of mutinous conduct and sentenced to death? What do you desire about it?

A. LINCOLN.

TO GOVERNOR PARKER

EXECUTIVE MANSION, WASHINGTON

July 20, 1863.

HIS EXCELLENCY JOEL PARKER, Governor of New Jersey.

DEAR SIR: — Yours of the 15th has been received, and considered by the Secretary of War and myself. I was pained to be informed this morning by the Provost-Marshal-General that New Jersey is now behind twelve thousand, irrespective of the draft. I did not have time to ascertain by what rules this was made out; and I shall be very glad if it shall, by any means, prove to be incorrect. He also tells me that eight thousand will be about the quota of New Jersey on the first draft; and the Secretary of War says the first draft in that State would not be made for some time in any event. As every man obtained otherwise lessens the draft so much, and this may supersede it altogether, I hope you will push forward your volunteer regiments as fast as possible.

It is a very delicate matter to postpone the draft in one State, because of the argument it furnishes others to have postponement also. If we could have a reason in one case which would be good if presented in all cases, we could act upon it.

I will thank you, therefore, to inform me, if you can, by what day, at the earliest, you can promise to have ready to be mustered into the United States service the eight thousand men.

If you can make a reliable promise (I mean one which you can rely on yourself) of this sort, it will be of great value, if the day is not too remote.

I beg you to be assured I wish to avoid the difficulties you dread as much as yourself.

Your obedient servant,

A. LINCOLN

TO GENERAL SCHOFIELD

EXECUTIVE MANSION, WASHINGTON D.C. JULY 20, 1863

MAJOR GENERAL JOHN M. SCHOFIELD.

MY DEAR GENERAL: — I have received and read your letter of the 14th of July.

I think the suggestion you make, of discontinuing proceedings against Mr. McKee, a very proper one. While I admit that there is an apparent impropriety in the publication of the letter mentioned, without my consent or yours, it is still a case where no evil could result, and which I am entirely willing to overlook.

Yours truly,

A. LINCOLN.

TELEGRAM TO GENERAL J. M. SCHOFIELD

WASHINGTON, D.C. JULY 22, 1863

MAJOR GENERAL SCHOFIELD, St. Louis, Mo.:

The following despatch has been placed in my hands. Please look to the subject of it.

LEXINGTON, Mo., JULY 21, 1863 HON. S C. POMEROY: Under Orders No.63 the sheriff is arresting slaves of rebels inside our lines, and returning them in great numbers. Can he do it? Answer. GOULD.

A. LINCOLN

TO POSTMASTER-GENERAL BLAIR

EXECUTIVE MANSION, WASHINGTON,

JULY 24, 1863. HON. POSTMASTER-GENERAL

SIR: — Yesterday little indorsements of mine went to you in two cases of postmasterships sought for widows whose husbands have fallen in the battles of this war. These cases occurring on the same day brought me to reflect more attentively than I had before done, as to what is fairly due from us herein the dispensing of patronage toward the men who, by fighting our battles, bear the chief burden of serving our country. My conclusion is that, other claims and qualifications being equal, they have the better right and this is especially applicable to the disabled and the soldier, deceased soldier's family.

Your obedient servant,

A. LINCOLN

TO SECRETARY OF THE NAVY

EXECUTIVE MANSION, WASHINGTON, July 25, 1863

HON. SECRETARY OF THE NAVY.

SIR: — Certain matters have come to my notice, and considered by me, which induce me to believe that it will conduce to the public interest for you to add to the general instructions given to our naval commanders in relation to contraband trade propositions substantially as follows, to wit:

First. You will avoid the reality, and as far as possible the appearance, of using any neutral port to watch neutral vessels and then to dart out and seize them on their departure.

NOTE. — Complaint is made that this has been practiced at the port of St Thomas, which practice, if it exists, is disapproved and must cease.

Second. You will not in any case detain the crew of a captured neutral vessel or any other subject of a neutral power on board such vessel, as prisoners of war or otherwise, except the small number necessary as witnesses in the prize court.

NOTE. — The practice here forbidden is also charged to exist, which, if true, is disapproved and must cease.

My dear sir, it is not intended to be insinuated that you have been remiss in the performance of the arduous and responsible duties of your department, which, I take pleasure in affirming, has in your hands been conducted with admirable success. Yet, while your subordinates are almost of necessity brought into angry collision with the subjects of foreign states, the representatives of those states and yourself do not come into immediate contact for the purpose of keeping the peace, in spite of such collisions. At that point there is an ultimate and heavy responsibility upon me.

What I propose is in strict accordance with international law, and is therefore unobjectionable; whilst, if it does no other good, it will contribute to sustain a considerable portion of the present British ministry in their places, who, if displaced, are sure to be replaced by others more unfavorable to us.

Your obedient servant,

A. LINCOLN

LETTER TO GOVERNOR PARKER

EXECUTIVE MANSION, WASHINGTON,

July 25, 1863.

HIS EXCELLENCY GOVERNOR JOEL PARKER.

SIR: — Yours of the 21st is received, and I have taken time and considered and discussed the subject with the Secretary of War and Provost-Marshal General, in order, if possible, to make you a more favorable answer than I finally find myself able to do.

It is a vital point with us to not have a special stipulation with the governor of any one State, because it would breed trouble in many, if not all, other States; and my idea was when I wrote you, as it still is, to get a point of time to which we could wait, on the reason that we were not ready ourselves to proceed, and which might enable you to raise the quota of your State, in whole, or in large part, without the draft. The points of time you fix are much farther off than I had hoped. We might have got along in the way I have indicated for twenty, or possibly thirty, days. As it stands, the best I can say is that every volunteer you will present us within thirty days from this date, fit and ready to be mustered into the United States service, on the usual terms, shall be pro tanto an abatement of your quota of the draft. That quota I can now state at eight thousand seven hundred and eighty-three (8783). No draft from New Jersey, other than for the above quota, will be made before an additional draft, common to [all] the States, shall be required; and I may add that if we get well through with this draft, I entertain a strong hope that any further one may never be needed. This expression of hope, however, must not be construed into a promise.

As to conducting the draft by townships, I find it would require such a waste of labor already done, and such an additional amount of it, and such a loss of time, as to make it, I fear, inadmissible.

Your obedient servant,

A. LINCOLN.

P. S. — Since writing the above, getting additional information, I am enabled to say that the draft may be made in subdistricts, as the enrolment has been made, or is in process of making. This will amount practically to drafting by townships, as the enrollment subdistricts are generally about the extent of townships. A.L.

To GENERAL G. G. MEADE. (Private.)

EXECUTIVE MANSION, WASHINGTON, July 27, 1863

MAJOR-GENERAL MEADE:

I have not thrown General Hooker away; and therefore I would like to know whether it would be agreeable to you, all things considered, for him to take a corps under you, if he himself is willing to do so. Write me in perfect freedom, with the assurance that I will not subject you to any embarrassment by making your letter or its contents known to any one. I wish to know your wishes before I decide whether to break the subject to him. Do not lean a hair's breadth against your own feelings, or your judgment of the public service, on the idea of gratifying me.

Yours truly,

A. LINCOLN

TELEGRAM TO GENERAL A. B. BURNSIDE

WAR DEPARTMENT, WASHINGTON, July 27, 1863

MAJOR-GENERAL BURNSIDE, Cincinnati, O.:

Let me explain. In General Grant's first despatch after the fall of Vicksburg, he said, among other things, he would send the Ninth Corps to you. Thinking it would be pleasant to you, I asked the Secretary of War to telegraph you the news. For some reasons never mentioned to us by General Grant, they have not been sent, though we have seen outside intimations that they took part in the expedition against Jackson. General Grant is a copious worker and fighter, but a very meager writer or telegrapher. No doubt he changed his purpose in regard to the Ninth Corps for some sufficient reason, but has forgotten to notify us of it.

A. LINCOLN.

TO GENERAL H. W. HALLECK

EXECUTIVE MANSION, July 29, 1863

MAJOR-GENERAL HALLECK:

Seeing General Meade's despatch of yesterday to yourself causes me to fear that he supposes the Government here is demanding of him to bring on a general engagement with Lee as soon as possible. I am claiming no such thing of him. In fact, my judgment is against it; which judgment, of course, I will yield if yours and his are the contrary. If he could not safely engage Lee at Williamsport, it seems absurd to suppose he can safely engage him now, when he has scarcely more than two thirds of the force he had at Williamsport, while it must be that Lee has been reinforced. True, I desired General Meade to pursue Lee across the Potomac, hoping, as has proved true, that he would thereby clear the Baltimore and Ohio Railroad, and get some advantages by harassing him on his retreat. These being past, I am unwilling he should now get into a general engagement on the impression that we here are pressing him, and I shall be glad for you to so inform him, unless your own judgment is against it.

Yours truly,

A. LINCOLN.

H. W. HALLECK, General-in-Chief.

TO SECRETARY STANTON

EXECUTIVE MANSION, WASHINGTON, July 29, 1863

HON. SECRETARY OF WAR.

SIR: — Can we not renew the effort to organize a force to go to western Texas?

Please consult with the general-in-chief on the subject.

If the Governor of New Jersey shall furnish any new regiments, might not they be put into such an expedition? Please think of it.

I believe no local object is now more desirable.

Yours truly,

A. LINCOLN.

ORDER OF RETALIATION

EXECUTIVE MANSION, WASHINGTON, July 30, 1863

It is the duty of every government to give protection to its citizens, of whatever class, color, or condition, and especially to those who are duly organized as soldiers in the public service. The law of nations and the usages and customs of war, as carried on by civilized powers, permit no distinction as to color in the treatment of prisoners of war as public enemies. To sell or enslave any captured person, on account of his color and for no offense against the laws of war, is a relapse into barbarism, and a crime against the civilization of the age.

The Government of the United States will give the same protection to all its soldiers; and if the enemy shall sell or enslave any one because of his color, the offense shall be punished by retaliation upon the enemy's prisoners in our possession.

It is therefore ordered that for every soldier of the United States killed in violation of the laws of war, a rebel soldier shall be executed; and for every one enslaved by the enemy or sold into slavery, a rebel soldier shall be placed at hard labor on the public works, and continued at such labor until the other shall be released and receive the treatment due to a prisoner of war.

A. LINCOLN.

TO GENERAL S. A. HURLBUT

EXECUTIVE MANSION, WASHINGTON, July 31, 1863

MY DEAR GENERAL HURLBUT:

Your letter by Mr. Dana was duly received. I now learn that your resignation has reached the War Department. I also learn that an active command has been assigned you by General Grant. The Secretary of War and General Halleck are very partial to you, as you know I also am. We all wish you to reconsider the question of resigning; not that we would wish to retain you greatly against your wish and interest, but that your decision may be at least a very well-considered one.

I understand that Senator [William K.] Sebastian, of Arkansas, thinks of offering to resume his place in the Senate. Of course the Senate, and not I, would decide whether to admit or reject him. Still I should feel great interest in the question. It may be so presented as to be one of the very greatest national importance; and it may be otherwise so presented as to be of no more than temporary personal consequence to him.

The Emancipation Proclamation applies to Arkansas. I think it is valid in law, and will be so held by the courts. I think I shall not retract or repudiate it. Those who shall have tasted actual freedom I believe can never be slaves or quasi-slaves again. For the rest, I believe some plan substantially being gradual emancipation would be better for both white and black. The Missouri plan recently adopted, I do not object to on account of the time for ending the institution; but I am sorry the beginning should have been postponed for seven years, leaving all that time to agitate for the repeal of the whole thing. It should begin at once, giving at least the new-born a vested interest in freedom which could not be taken away. If Senator Sebastian could come with something of this sort from Arkansas, I, at least, should take great interest in his case; and I believe a single individual will have scarcely done the world so great a service. See him if you can, and read this to him; but charge him not to make it public for the present. Write me again.

Yours very truly,

A. LINCOLN.

TELEGRAM FROM GOVERNOR SEYMOUR

ALBANY, August 1, 1863. Recvd 2 P.M

TO THE PRESIDENT OF THE UNITED STATES:

I ask that the draft be suspended in this State until I can send you a communication I am preparing.

HORATIO SEYMOUR.

TELEGRAM TO GOVERNOR SEYMOUR

WASHINGTON, D.C., August 1, 1863. 4 P.M

HIS EXCELLENCY GOVERNOR SEYMOUR, Albany, N.Y.:

By what day may I expect your communication to reach me? Are you anxious about any part except the city and vicinity?

A. LINCOLN.

TELEGRAM TO GENERAL FOSTER

EXECUTIVE MANSION, WASHINGTON, August 3, 1863

MAJOR-GENERAL FOSTER (or whoever may be in command of the military department with headquarters at Fort Monroe, Va.):

If Dr. Wright, on trial at Norfolk, has been or shall be convicted, send me a transcript of his trial and conviction, and do not let execution be done upon him until my further order.

A. LINCOLN.

TO GENERAL N. P. BANKS

EXECUTIVE MANSION, WASHINGTON, August 5,1863

MY DEAR GENERAL BANKS:

While I very well know what I would be glad for Louisiana to do, it is quite a different thing for me to assume direction of the matter. I would be glad for her to make a new constitution, recognizing the emancipation proclamation, and adopting emancipation in those parts of the State to which the proclamation does not apply. And while she is at it, I think it would not be objectionable for her to adopt some practical system by which the two races could gradually live themselves out of their old relation to each other, and both come out better prepared for the new. Education for young blacks should be included in the plan. After all, the power or element of "contract" may be sufficient for this probationary period, and by its simplicity and flexibility may be the better.

As an antislavery man, I have a motive to desire emancipation which proslavery men do not have but even they have strong enough reason to thus place themselves again under the shield of the Union, and to thus perpetually hedge against the recurrence of the scenes through which we are now passing.

Governor Shepley has informed me that Mr. Durant is now taking a registry, with a view to the election of a constitutional convention in Louisiana. This, to me, appears proper. If such convention were to ask my views, I could present little else than what I now say to you. I think the thing should be pushed forward, so that, if possible, its mature work may reach here by the meeting of Congress.

For my own part, I think I shall not, in any event, retract the emancipation proclamation: nor, as executive, ever return to slavery any person who is free by the terms of that proclamation, or by any of the acts of Congress.

If Louisiana shall send members to Congress, their admission to seats will depend, as you know, upon the respective Houses, and not upon the President.

Yours very truly,

A. LINCOLN.

TO GOVERNOR SEYMOUR

EXECUTIVE MANSION, WASHINGTON, August 7, 1863

HIS EXCELLENCY HORATIO SEYMOUR, Governor of New York:

Your communication of the 3rd instant has been received and attentively considered.

I cannot consent to suspend the draft in New York, as you request, because, among other reasons, time is too important.

By the figures you send, which I presume are correct, the twelve districts represented fall into two classes of eight and four respectively. The disparity of the quotas for the draft in these two classes is certainly very striking, being the difference between an average of 2200 in one class and 4864 in the other. Assuming that the districts are equal one to another in entire population, as required by the plan on which they were made, this disparity is such as to require attention. Much of it, however, I suppose will be accounted for by the fact that so many more persons fit for soldiers are in the city than are in the country who have too recently arrived from other parts of the United States and from Europe to be either included in the census of 1860, or to have voted in 1862. Still, making due allowance for this, I am yet unwilling to stand upon it as an entirely sufficient explanation of the great disparity.

I shall direct the draft to proceed in all the districts, drawing, however, at first from each of the four districts — to wit, the Second, Fourth, Sixth, and Eighth — only, 2200 being the average quota of the other class. After this drawing, these four districts, and also the Seventeenth and Twenty-ninth, shall be carefully re-enrolled; and, if you please, agents of yours may witness every step of the process. Any deficiency which may appear by the new enrolment will be supplied by a special draft for that object, allowing due credit for volunteers who may be obtained from these districts respectively during the interval; and at all points, so far as consistent with practical convenience, due credits shall be given for volunteers, and your Excellency shall be notified of the time fixed for commencing the draft in each district.

I do not object to abide a decision of the United States Supreme Court, or of the judges thereof, on the constitutionality of the draft law. In fact, I should be willing to facilitate the obtaining of it. But I cannot consent to lose the time while it is being obtained. We are contending with an enemy who, as I understand, drives every able-bodied man he can reach into his ranks, very much as a butcher drives bullocks into the slaughter-pen. No time is wasted, no argument is used. This produces an army which will soon turn upon our now victorious soldiers already in the field, if they shall not be sustained by recruits as they should be. It produces an army with a rapidity not to be matched on our side if we first waste time to re-experiment with the volunteer system, already deemed by Congress, and palpably, in fact, so far exhausted as to be inadequate; and then more time to obtain a court decision as to whether a law is constitutional, which requires a part of those not now in the service to go to the aid of those who are already in it; and still more time to determine with absolute certainty that we get those who are to go in the precisely legal proportion to those who are not to go. My purpose is to be in my action just and constitutional, and yet practical, in performing the important duty with which I am charged, of maintaining the unity and the free principles of our common country.

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