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party whose interest it is, and must increasingly become, to favor repudiation as a policy. To secure the public creditor, our efforts should be, if that were possible, to restrict rather than to extend the right of suffrage; for money rapidly aggregates in a few hands; and whenever the men who have an interest in seeing that our national debt is paid shall have become out of all proportion few, compared with those who have an interest in its repudiation, the votes of the many will carry it, and the debt of $3,000,000,000 will be struck out of existence by ballots, just as rapidly and utterly as the similar amount invested in southern negroes has been abolished during the recent war under showers of bullets. At least, this is possible.

That we are to have a great financial crash this year I hold to be inevitable, though deprecating it, and having used every effort for its avoidance. To say that it can be staved off by any legislation, if the violated laws of trade and public economy call for it, is to assert that water can be made to run up hill, or shall cease to seek its own level under the compulsion of a congressional enactment. Perhaps, for so violent a discase, this violent cure may be the only remedy. It is like a man sustaining his strength on brandy; so long as he can increase the dose daily, he may get along in high good humor, just as we have been prospering on an irredeemable paper currency and fresh issues of public securities. But sooner or later, the day will come in which brandy no longer can stimulate; nor can irredeemable promises to pay pass current as a circulating medium forever To the man will come a severe fit of sickness, teaching him that the laws of temperance can only be violated under fearful penalties, and to the na tion will come a financial crash, teaching it that paper is only a representative of value, not value | itself; and that the only true securities for our

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public credit must be looked for in a system of rigidly exacted obedience to all constitutional restraints, and a thorough system of economy in all branches of the public service.

For the slights and indignities, the unconstitutional curtailments and dishonors which the recent Congress has attempted to cast upon me for my unflinching and unalterable devotion to my constitutional oath, and to the best interests of the whole country, according to my best judgment and experience, I am only sorry as regards the indignities sought to be imposed on my high office, but unmoved as regards myself. Conscious of only having executed my duty, conscious of being denounced for "usurpation" only because refusing to accept unconstitutional powers and patronage, and satisfied that the day of wiser thought and sounder estimate cannot now be far distant, I look with perfect confidence for my vindication to the justice of that future which I am convinced cannot long be delayed. Unless all the senses are deceptive, unless all truth be a lie, unless God has ceased to live, I tell you that the folly and fraud now dominating the councils of this distracted country in Congress cannot endure for

ever.

It is, perhaps, but right to add that the foregoing is a report from memory of remarks made by Mr. Johnson in an extended conversation yesterday afternoon, and that the original did not take the form of a set speech, here unavoidably given to it. It should also be added that a few points embraced in the report, and attributed exclusively to the President, may have been, more or less, suggested by interjectional remarks of the person to whom he was speaking; but nothing has been here set down to which the full assent of Mr. Johnson was not given, always provided, of course, that his listener understood him, and remembers correctly.

XV.

PRESIDENT JOHNSON'S MESSAGES.

The Annual Message, December 4, 1866.

are maintaining their governments in full activity and complete operation. The enforcement of the

The following portions relate to reconstruc-laws is no longer "obstructed in any State by comtion, and kindred subjects:

Fellow-citizens of the Senate and House of Repre

sentatives:

binations too powerful to be suppressed by the ordinary course of judicial proceedings;" and the animosities engendered by the war are rapidly

After a brief interval the Congress of the Uni-yielding to the beneficent influences of our free ted States resumes its annual legislative labors. institutions, and to the kindly effects of unreAn all-wise and merciful Providence has abated stricted social and commercial intercourse. An the pestilence which visited our shores, leaving its entire restoration of fraternal feeling must be the calamitous traces upon some portions of our coun- earnest wish of every patriotic heart; and we try. Peace, order, tranquillity, and civil author-will have accomplished our grandest national ity have been formally declared to exist through-achievement when, forgetting the sad events of out the whole of the United States. In all of the the past, and remembering only their instructive States civil authority has superseded the coercion lessons, we resume our onward career as a free, of arms, and the people, by their voluntary action, prosperous, and united people.

In my message of the 4th of December, 1865, Congress was informed of the measures which had been instituted by the Executive with a view to the gradual restoration of the States in which the insurrection occurred to their relations with the General Government. Provisional Governors had been appointed, conventions called, Governors elected, Legislatures assembled, and Senators and Representatives chosen to the Congress of the United States. Courts had been opened for the enforcement of laws long in abeyance. The blockade had been removed, customhouses re-established, and the internal revenue laws put in force, in order that the people might contribute to the national income. Postal operations had been renewed, and efforts were boing made to restore them to their former condition of'efficiency. The States themselves had been asked to take part in the high function of amending the Constitution, and of thus sanctioning the extinction of African slavery as one of the legitimate results of our internecine struggle.

Having progressed thus far, the executive department found that it had accomplished nearly all that was within the scope of its constitutional authority. One thing, however, yet remained to be done before the work of restoration could be completed, and that was the admission to Congress of loyal Senators and Representatives from the States whose people had rebelled against the lawful authority of the General Government. This question devolved upon the respective Houses, which, by the Constitution, are made the judges of the elections, returns, and qualifications of their own members; and its consideration at once engaged the attention of Congress.

I deem it a subject of profound regret that Congress has thus far failed to admit to sears loyal Senators and Representatives from the other States whose inhabitants, with those of Tennessee, had engaged in the rebvilion. Ten States-more than one-fourth of the whole number-remain without representation! The seats of fifty members in the House of Representatives and of twenty members in the Senate are yet vacant-not_by their own consent, not by a failure of election, but by the refusal of Congress to accept their credentials. Their admission, it is believed, would have accomplished much towards the renewal and strengthening of our relations as one people, and removed serious cause for discontent on the part of the inhabitants of those States. It would have accorded with the great principle enunciated in the Declaration of American lndependence, that no people ought to bear the burden of taxation and yet be denied the right of representation. It would have been in consonance with the express provisions of the Constitution, that "each State shall have at least one Representative," and "that no State, without its consent, shall be deprived of its equal suffrage in the Senate." These provisions were intended to secure to every State, and to the people of every State, the right of representation in each House of Congress; and so important was it deemed by the frainers of the Constitution that the equality of the States in the Senate should be preserved, that not even by an amendment of the Constitution can any State, without its consent, be denied a voice in that branch of the national Legislature.

thenceforward to be considered merely as con-
quered territories. The legislative, executive,
and judicial departments of the Government
have, however, with great distinctness and uni-
form consistency, refused to sanction an assump-
tion so incompatible with the nature of our re-
publican system and with the professed objects
of the war. Throughout the recent legislation
of Congress, the undeniable fact makes itself
apparent, that these ten political communities
are nothing less than States of this Union.
the very commencement of the rebellion each
House declared, with a unanimity as remarkable
as it was significant, that the war was not

At

It is true, it has been assumed that the existence of the States was terminated by the rebelIn the mean time, the executive department lious acts of their inhabitants, and that the in-no other plan having been proposed by Con-surrection having been suppressed, they were gress-continued its efforts to perfect, as far as was practicable, the restoration of the proper relations between the citizens of the respective States, the States, and the Federal Government, extending, from time to time, as the public interests seemed to require, the judicial, revenue, and postal systems of the country. With the advice and consent of the Senate, the necessary officers were appointed, and appropriations made by Corgress for the payment of their salaries. The proposition to amend the Federal Constitution so as to prevent the existence of slavery within the United States or any place subject to their jurisdiction, was ratified by the requisite number of States, and, on the 18th day of December, waged, upon our part, in any spirit of oppres1865, it was officially declared to have become sion, nor for any purpose of conquest or subjuvalid as a part of the Constitution of the United gation; nor purpose of overthrowing or interferStates. All of the States in which the insurrec-ing with the rights or established institutions of tion had existed promptly amended their constitutions so as to make them conform to the great change thus effected in the organic law of the land; declared null and void all ordinances and laws of secession; repudiated all pretended debts and obligations created for the revolutionary purposes of the insurrection; and proceeded, in good faith, to the enactment of measures for the protection and amelioration of the condition of the colored race. Congress, however, yet hesitated to admit any of these States to representation; and it was not until towards the close of the eighth month of the session that an exception was made in favor of Tennessee by the admission of her Senators and Representatives.

those States, but to defend and maintain the supremacy of the Constitution and all laws made in pursuance thereof, and to preserve the Union with all the dignity, equality, and rights of the several States unimpaired; and that as soon as these objects" were "accomplished the war ought to cease. In some instances Senators were permitted to continue their legislative functions, while in other instances Representatives were elected and admitted to seats after their States had formally declared their right to withdraw from the Union, and were endeavoring to maintain that right by force of arms. All of the States whose people were in insurrection, as States, were included in the apportionment of

the direct tax of $20,000,000 annually, laid | time, it is lawful to exclude them from represenupon the United States by the act approved tation, I do not see that the question will be 5th August, 1861. Congress, by the act of March changed by the efflux of time. Ten years hence, 4, 1862, and by the apportionment of represen- if these States remain as they are, the right of tation thereunder, also recognized their presence representation will be no stronger, the right of as States in the Union; and they have, for judi- exclusion will be no weaker. cial purposes, been divided into districts, as States alone can be divided. The same recognition appears in the recent legislation in reference to Tennessee, which evidently rests upon the fact that the functions of the State were not destroyed by the rebellion, but merely suspended; and that principle is of course applicable to those States which, like Tennessee, attempted to renounce their place in the Union.

The action of the executive department of the Government upon this subject has been equally definite and uniform, and the purpose of the war was specifically stated in the proclamation issued by my predecessor on the 22d day of September, 1862. It was then solemnly proclaimed and declared that "hereafter, as heretofore, the war will be prosecuted for the object of practically restoring the constitutional relation between the United States and each of the States and the people thereof, in which States that relation is or may be suspended or disturbed."

The recognition of the States by the judicial department of the Government has also been clear and conclusive in all proceedings affecting them as States, had in the Supreme, Čircuit, and District Courts.

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The Constitution of the United States makes it the duty of the President to recommend to the consideration of Congress "such measures as he shall judge necessary or expedient." I know of no measure more imperatively demanded by every consideration of national interest, sound policy, and equal justice, than the admission of loyal members from the now unrepresented States. This would consummate the work of restoration, and exert a most salutary influence in the re-establishment of peace, harmony, and fraternal feeling. It would tend greatly to renew the confidence of the American people in the vigor and stability of their institutions. It would bind us more closely together as a nation, and enable us to show to the world the inherent and recuperative power of a Government founded upon the will of the people, and established upon the principles of liberty, justice, and intelligence. Our increased strength and enhanced prosperity would irrefragably demonstrate the fallacy of the arguments against free institutions drawn from our recent national disorders by the enemies of republican government. The admission of loyal members from the States now excluded from Congress, by allaying doubt and apprehension, would turn capital, now awaiting an opportunity for investment, into the channels of trade and industry. It would alleviate the present troubled condition of those States, and, by inducing emigration, aid in the settlement of fertile regions now uncultivated, and lead to an increased production of those staples which have added so greatly to the wealth of the nation and the commerce of the world. New fields of enterprise would be opened to our progressive people, and soon the devastations of war would be repaired, and all traces of our domestic differences effaced from the minds of our countrymen.

In the admission of Senators and Representatives from any and all of the States, there can be no just ground of apprehension that persons who are disloyal will be clothed with the powers of legislation; for this could not happen when the Constitution and the laws are enforced by a vigilant and faithful Congress. Each House is made the "judge of the elections, returns, and qualifications of its own members," and may, "with the concurrence of two-thirds, expel a member." When a Senator or Representative presents his certificate of election, he may at once be admitted or rejected; or, should there be any question as to his eligibility, his creden- In our efforts to preserve "the unity of gov tials may be referred for investigation to the ernment," which constitutes us one people, by appropriate committee. If admitted to a seat, restoring the States to the condition which they it must be upon evidence satisfactory to the held prior to the rebellion, we should be cauHouse of which he thus becomes a member, that tious, lest, having rescued our nation from perils he possesses the requisite constitutional and legal of threatened disintegration, we resort to consolqualifications. If refused admission as a mem-idation, and in the end absolute despotism, as a ber, for want of due allegiance to the Government, and returned to his constituents, they are admonished that none but persons loyal to the United States will be allowed a voice in the legislative councils of the nation, and the political power and moral influence of Congress are thus effectively exerted in the interests of loyalty to the Government and fidelity to the Union. Upon this question, so vitally affecting the restoration of the Union and the permanency of our present form of government, my convictions, heretofore expressed, have undergone no change; but, on the contrary, their correctness has been confirmed by reflection and time. If the admission of loyal members to seats in the respective Houses of Congress was wise and expedient a year ago, it is no less wise and expedient now. If this anomalous condition is right now-if, in the exact condition of these States at the present'

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remedy for the recurrence of similar troubles. The war having terminated, and with it all occasion for the exercise of powers of doubtful constitutionality, we should hasten to bring legisla tion within the boundaries prescribed by the Constitution, and to return to the ancient landmarks established by our fathers for the guidance of succeeding generations. "The Constitution which at any time exists, until changed by an explicit and authentic act of the whole people, is sacredly obligatory upon all." If, in the opinion of the people, the distribution or modification of the constitutional powers be, in any particular, wrong, let it be corrected by an amendment in the way in which the Constitution designates. But let there be no change by usurpation; for" "it is the customary weapon by which free Governments are destroyed." Washington spoke these words to his countrymen when, followed by

1867, will be $475,061,386, and that the expenditures will reach the sum of $316,428,078; leaving in the Treasury. a surplus of $158,633,308. For the fiscal year ending June 30, 1868, it is estimated that the receipts will amount to $436,000,000, and that the expenditures will be $350,247,641-showing an excess of $85,752,359 in favor of the Government. These estimated receipts may be diminished by a reduction of excise and import duties; but after all necessary reductions shall have been made, the revenue of the present and of following years will doubtless be sufficient to cover all legitimate charges upon the Treasury, and leave a large annual surplus to be applied to the payment of the principal of the debt. There seems now to be no good reason why taxes may not be reduced as the country advances in population and wealth, and yet the debt be extinguished within the next quarter of a century

their love and gratitude, he voluntarily retired | receipts for the fiscal year ending the 30th June from the cares of public life. "To keep in all things within the pale of our constitutional powers, and cherish the Federal Union as the only rock of safety," were prescribed by Jefferson as rules of action to endear to his "countrymen the true principles of their Constitution, and promote a union of sentiment and action equally auspicious to their happiness and safety." Jack son held that the action of the General Government should always be strictly confined to the sphere of its appropriate duties, and justly and forcibly urged that our Government is not to be maintained nor our Union preserved "by invasions of the rights and powers of the several States. In thus attempting to make our General Government strong, we make it weak. Its true strength consists in leaving individuals and States as much as possible to themselves; in making itself felt, not in its power, but in its beneficence; not in its control, but in its protection; not in binding the States more closely to the centre, but leaving each to move unobstructed in its proper constitutional orbit." These are the teachings of men whose deeds and services have made them illustrious, and who, long since withdrawn from the scenes of life, have left to their country the rich legacy of their example, their wisdom, and their patriotism. Drawing fresh inspiration from their lessons, let us emulate them in love of country and respect for the Constitution and the laws.

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In the month of April last, as Congress is aware, a friendly arrangement was made between the Emperor of France and the President of the United States for the withdrawal from Mexico of the French expeditionary military forces. This withdrawal was to be effected fn three detachments, the first of which, it was understood, would leave Mexico in November, now past, the second in March next, and the third and last in November, 1867. Immediately upon the completion of the evacuation, the French The report of the Secretary of the Treasury Government was to assume the same attitude of affords much information respecting the revenue non-intervention, in regard to Mexico, as is held and commerce of the country. His views upon by the Government of the United States. Rethe currency, and with reference to a proper ad- peated assurances have been given by the Emjustment of our revenue system, internal as well peror, since that agreement, that he would comas impost, are commended to the careful consid-plete the promised evacuation within the period eration of Congress. In my last annual message mentioned, or sooner. I expressed my general views upon these subjects. The report presents a much more satisfactory condition of our finances than one year ago the most sanguine could have anticipated. During the fiscal year ending the 30th June, 1865, the last year of the war, the public debt was increased $941,902,537, and on the 31st of October, 1865, it amounted to $2,740,854,750. On the 31st day of October, 1866, it had been reduced to $2,551,310,006, the diminution, during a period of fourteen months, commencing September 1, 1865, and ending October 31, 1866, having been $206,379,565. In the last annual report on the state of the finances, it was estimated that during the three-quarters of the fiscal year ending the 30th of June last, the debt would be increased $112,194,947. During that period, however, it was reduced $31,196,387, the receipts of the year having been $89,905,905 more, and the expenditures $200,529,235 less than the estimates. Nothing could more clearly indicate than these statements the extent and availability of the national resources, and the rapidity and safety with which, under our form of government, great military and naval establishments can be disbanded, and expenses reduced from a war to a peace footing.

It was reasonably expected that the proceed*ings thus contemplated would produce a crisis of great political interest in the Republic of Mexico. The newly appointed Minister of the United States, Mr. Campbell, was therefore sent forward, on the 9th day of November last, to assume his proper functions as Minister Plenipotentiary of the United States to that Republic. It was also thought expedient that he should be attended in the vicinity of Mexico by the Lieutenant General of the Army of the United States, with the view of obtaining such information as might be important to determine the course to be pursued by the United States in re-establishing and maintaining necessary and proper intercourse with the Republic of Mexico. Deeply interested in the cause of liberty and humanity, it seemed an obvious duty on our part to exercise whatever influence we possessed for the restoration and permanent establishment in that country of a domestic and republican form of government.

During the fiscal year ending the 30th of June, 1866, the receipts were $558,032,620, and the expenditures $520,750,940, leaving an available surplus of $37,281,680. It is estimated that the

Such was the condition of affairs in regard to Mexico, when, on the 22d of November last, official information was received from Paris that the Emperor of France had some time before decided not to withdraw a detachment of his forces in the month of November past, according to engagement, but that this decision was made with the purpose of withdrawing the whole of those forces in the ensuing spring. Of this determination, however, the United States had not received any

notice or intimation; and, so soon as the information was received by the Government, care was taken to make known its dissent to the Emperor of France.

and for other purposes," has convinced me that the legislation which it proposes would not be consistent with the welfare of the country, and that it falls clearly within the reasons assigned in my message of the 19th of February last, returning, without my signature, a similar measure which originated in the Senate. It is not my

urged. They are yet fresh in your recollection, and can be readily examined as a part of the records of one branch of the national Legislature. Adhering to the principles set forth in that message, I now reaffirm them and the line of policy therein indicated.

I cannot forego the hope that France will reconsider the subject, and adopt some resolution in regard to the evacuation of Mexico which will conform as nearly as practicable with the exist-purpose to repeat the objections which I then ing engagement, and thus meet the just expectations of the United States. The papers relating to the subject will be laid before you. It is believed that, with the evacuation of Mexico by the expeditionary forces, no subject for serious differences between France and the United States would remain. The expressions of the Emperor and people of France warrant a hope that the traditionary friendship between the two countries might, in that case, be renewed and permanently restored.

A claim of a citizen of the United States for indemnity for spoliations committed on the high seas by the French authorities, in the exercise of a belligerent power against Mexico, has been met by the Government of France with a proposition to defer settlement until a mutual convention for the adjustment of all claims of citizens and subjects of both countries, arising out of the recent wars on this Continent, shall be agreed upon by the two countries. The suggestion is not deemed unreasonable, but it belongs to Congress to direct the manner in which claims for indemnity by foreigners, as well as by citizens of the United States, arising out of the late civil war, shall be adjudicated and determined. I have no doubt that the subject of all such claims will engage your attention at a convenient and proper time.

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In the performance of a duty imposed upon me by the Constitution, I have thus submitted to the representatives of the States and of the people such information of our domestic and foreign affairs as the public interests seem to require. Our Government is now undergoing its most trying ordeal, and my earnest prayer is that the peril may be successfully and finally passed, without impairing its original strength and symmetry. The interests of the nation are best to be promoted by the revival of fraternal relations, the complete obliteration of our past differences, and the reinauguration of all the pursuits of peace. Directing our efforts to the early accomplishment of these great ends, let us endeavor to preserve harmony between the co-ordinate Departments of the Government, that each in its proper sphere may cordially co-operate with the other in securing the maintenance of the Constitution, the preservation of the Union, and the perpetuity of our free institutions.

ANDREW JOHNSON. WASHINGTON, December 3, 1866.

The only ground upon which this kind of legislation can be justified is that of the war-making power. The act of which this bill is intended as amendatory was passed during the existence of the war. By its own provisions, it is to terminate within one year from the cessation of hostilities and the declaration of peace. It is therefore yet in existence, and it is likely that it will continue in force as long as the freedmen may require the benefit of its provisions. It will certainly remain in operation, as a law, until some months subsequent to the meeting of the next session of Congress, when, if experience shall make evident the necessity of additional legislation, the two Houses will have ample time to mature and pass the requisite measures. In the mean time the questions arise, why should this war measure be continued beyond the period designated in the original act; and why, in time of peace, should military tribunals be created to continue until each "State shall be fully restored in its constitutional relations to the Government, and shall be duly represented in the Congress of the United States?"

It was manifest, with respect to the act approved March 3, 1865, that prudence and wisdom alike required that jurisdiction over all cases concerning the free enjoyment of the immunities and rights of citizenship, as well as the protection of person and property, should be conferred upon some tribunal in every State or district where the ordinary course of judicial proceedings was interrupted by the rebellion, and until the same should be fully restored. At that time, therefore, an urgent necessity existed for the passage of some such law. Now, however, war has substantially ceased; the ordinary course of judicial proceedings is no longer interrupted; the courts, both State and Federal, are in full, complete, and successful operation, and through them every person, regardless of race and color, is entitled to and can be heard. The protection granted to the white citizen is already conferred by law upon the freedman; strong and stringent guards, by way of penalties and punishments, are thrown around his person and property, and it is believed that ample protection

Veto of the Second Freedmen's Bureau Bill, July will be afforded him by due process of law, with

16, 1866.*

To the House of Representatives:

A careful examination of the bill passed by the two Houses of Congress, entitled "An act to con

tinue in force and to amend 'An act to establish a

Bureau for the relief of Freedmen and Refugees,'

* For veto of freedmen's bill of February 29, 1866, see pages 68-74 of Political Manual for 1866.

out resort to the dangerous expedient of "military tribunals," now that the war has been brought to a close. The necessity no longer exin the war, grave objections to their continuance isting for such tribunals, which had their origin flecting and dispassionate men. Independently must present themselves to the minds of all reof the danger, in representative republics, of conferring upon the military, in time of peace.

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