The Papers And Writings Of Abraham Lincoln
Chapter 118 : In testimony whereof I have hereunto signed my name and caused the seal of the United

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

Done at the City of Was.h.i.+ngton, this fourth day of February, A.D. 1862, and of the independence of the United States the eighty-sixth.

A. LINCOLN.

By the President: WILLIAM H. SEWARD, Secretary of State.

MESSAGE TO THE SENATE.

WAs.h.i.+NGTON CITY, February 4. 1862

To THE SENATE OF THE UNITED STATES:

The third section of the "Act further to promote the efficiency of the Navy," approved December 21, 1862, provides:

"That the President of the United States, by and with the advice and consent of the Senate, shall have the authority to detail from the retired list of the navy for the command of squadrons and single s.h.i.+ps such officers as he may believe that the good of the service requires to be thus placed in command; and such officers may, if upon the recommendation of the President of the United States they shall receive a vote of thanks of Congress for their services and gallantry in action against an enemy, be restored to the active list, and not otherwise."

In conformity with this law, Captain Samuel F. Du Pont, of the navy, was nominated to the Senate for continuance as the flag-officer in command of the squadron which recently rendered such important service to the Union in the expedition to the coast of South Carolina.

Believing that no occasion could arise which would more fully correspond with the intention of the law, or be more pregnant with happy influence as an example, I cordially recommend that Captain Samuel F. Du Pont receive a vote of thanks of Congress for his services and gallantry displayed in the capture of Forts Walker and Beauregard, commanding the entrance of Port Royal Harbor, on the 7th of November, 1861.

A. LINCOLN.

TO GENERALS D. HUNTER AND J. H. LANE.

EXECUTIVE MANSION WAs.h.i.+NGTON, FEBRUARY 4, 1862.

MAJOR-GENERAL HUNTER AND BRIGADIER-GENERAL LANE, Leavenworth, Kansas:

My wish has been and is to avail the government of the services of both General Hunter and General Lane, and, so far as possible, to personally oblige both. General Hunter is the senior officer, and must command when they serve together; though in so far as he can consistently with the public service and his own honor oblige General Lane, he will also oblige me. If they cannot come to an amicable understanding, General Lane must report to General Hunter for duty, according to the rules, or decline the service.

A. LINCOLN.

EXECUTIVE ORDER NO. 1, RELATING TO POLITICAL PRISONERS.

WAR DEPARTMENT, WAs.h.i.+NGTON, February 14,1862.

The breaking out of a formidable insurrection based on a conflict of political ideas, being an event without precedent in the United States, was necessarily attended by great confusion and perplexity of the public mind. Disloyalty before unsuspected suddenly became bold, and treason astonished the world by bringing at once into the field military forces superior in number to the standing army of the United States.

Every department of the government was paralyzed by treason. Defection appeared in the Senate, in the House of Representatives, in the Cabinet, in the Federal courts; ministers and consuls returned from foreign countries to enter the insurrectionary councils of land or naval forces; commanding and other officers of the army and in the navy betrayed our councils or deserted their posts for commands in the insurgent forces.

Treason was flagrant in the revenue and in the post-office service, as well as in the Territorial governments and in the Indian reserves.

Not only governors, judges, legislators, and ministerial officers in the States, but even whole States rushed one after another with apparent unanimity into rebellion. The capital was besieged and its connection with all the States cut off. Even in the portions of the country which were most loyal, political combinations and secret societies were formed furthering the work of disunion, while, from motives of disloyalty or cupidity or from excited pa.s.sions or perverted sympathies, individuals were found furnis.h.i.+ng men, money, and materials of war and supplies to the insurgents' military and naval forces. Armies, s.h.i.+ps, fortifications, navy yards, a.r.s.enals, military posts, and garrisons one after another were betrayed or abandoned to the insurgents.

Congress had not antic.i.p.ated, and so had not provided for, the emergency.

The munic.i.p.al authorities were powerless and inactive. The judicial machinery seemed as if it had been designed, not to sustain the government, but to embarra.s.s and betray it.

Foreign intervention, openly invited and industriously instigated by the abettors of the insurrection, became imminent, and has only been prevented by the practice of strict and impartial justice, with the most perfect moderation, in our intercourse with nations.

The public mind was alarmed and apprehensive, though fortunately not distracted or disheartened. It seemed to be doubtful whether the Federal Government, which one year before had been thought a model worthy of universal acceptance, had indeed the ability to defend and maintain itself.

Some reverses, which, perhaps, were unavoidable, suffered by newly levied and inefficient forces, discouraged the loyal and gave new hopes to the insurgents. Voluntary enlistments seemed about to cease and desertions commenced. Parties speculated upon the question whether conscription had not become necessary to fill up the armies of the United States.

In this emergency the President felt it his duty to employ with energy the extraordinary powers which the Const.i.tution confides to him in cases of insurrection. He called into the field such military and naval forces, unauthorized by the existing laws, as seemed necessary. He directed measures to prevent the use of the post-office for treasonable correspondence. He subjected pa.s.sengers to and from foreign countries to new pa.s.sport regulations, and he inst.i.tuted a blockade, suspended the writ of habeas corpus in various places, and caused persons who were represented to him as being or about to engage in disloyal and treasonable practices to be arrested by special civil as well as military agencies and detained in military custody when necessary to prevent them and deter others from such practices. Examinations of such cases were inst.i.tuted, and some of the persons so arrested have been discharged from time to time under circ.u.mstances or upon conditions compatible, as was thought, with the public safety.

Meantime a favorable change of public opinion has occurred. The line between loyalty and disloyalty is plainly defined. The whole structure of the government is firm and stable. Apprehension of public danger and facilities for treasonable practices have diminished with the pa.s.sions which prompted heedless persons to adopt them. The insurrection is believed to have culminated and to be declining.

The President, in view of these facts, and anxious to favor a return to the normal course of the administration as far as regard for the public welfare will allow, directs that all political prisoners or state prisoners now held in military custody be released on their subscribing to a parole engaging them to render no aid or comfort to the enemies in hostility to the United States.

The Secretary of War will, however, in his discretion, except from the effect of this order any persons detained as spies in the service of the insurgents, or others whose release at the present moment may be deemed incompatible with the public safety.

To all persons who shall be so released, and who shall keep their parole, the President grants an amnesty for any past offences of treason or disloyalty which they may have comminuted.

Extraordinary arrests will hereafter be made under the direction of the military authorities alone.

By order of the President EDWIN M. STANTON, Secretary of War.

MESSAGE TO CONGRESS. WAs.h.i.+NGTON CITY, February 15, 1862

TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES:

The third section of the "Act further to promote the efficiency of the Navy," approved December 21, 1861, provides

"That the President of the United States, by and with the advice and consent of the Senate, shall have the authority to detail from the retired list of the navy for the command of squadrons and single s.h.i.+ps such officers as he may believe that the good of the service requires to be thus placed in command; and such officers may, if upon the recommendation of the President of the United States they shall receive a vote of thanks of Congress for their services and gallantry in action against an enemy, be restored to the active list, and not otherwise."

In conformity with this law, Captain Louis M. Goldsborough, of the navy, was nominated to the Senate for continuance as the flag-officer in command of the North Atlantic Blockading Squadron, which recently rendered such important service to the Union in the expedition to the coast of North Carolina.

Believing that no occasion could arise which would more fully correspond with the intention of the law or be more pregnant with happy influence as an example, I cordially recommend that Captain Louis M. Goldsborough receive a vote of thanks of Congress for his services and gallantry displayed in the combined attack of the forces commanded by him and Brigadier-General Burnside in the capture of Roanoke Island and the destruction of rebel gunboats On the 7th, 8th, and 10th of February, 1862.

A. LINCOLN.