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OF
NTARY SOURCE BOOK
MERICAN HISTORY
^•rtg^y^o
THE MACMILLAN COMPANY
NBW YORK • BOSTON • CHICAGO
ATLANTA • SAN FRANCISCO
MACMILLAN & CO., Limitso
LONDON • BOMBAY • CAIXTUTTA
MBLBOURNB
THE MACMILLAN CO. OF CANADA, Ltu
TORONTO
DOCUMENTARY SOURCE BOOK
OF
AMERICAN . HISTORY
1606-1913
EDITED WITH NOTES
BY
WILLIAM MACDONALD
PROFESSOR OF HISTORY IN BROWN UNIVERSITY
I^EH^ AJSrn ENLARGED EDITION, WITH CONTINUATION
TO 191S
THE MACMILLAN COMPANY
1918
AU rights reserved
COPVRIGIIT, X908 AMD 19x6,
By the MACMILLAN COMPANY.
Set up and electrotyped. Publtsbed August, 1908. Reprinted
Fdtniary, September, 1909; January, 19x1; Auguit, 19x3;
December, 19x4^
New and enlarged edition, with continuation to 19x3, October,
19x6; September, X9X7.
J. 8. Gushing Co. — Berwick & Smith Go.
NiM^ood, Mast., U.SJL.
PREFACE
The present volume has been prepared in response to a
request, frequently made by teachers who have used my ** Select
Charters," " Select Documents," and " Select Statutes," for a
briefer collection of documents particularly designed for courses
of instruction of an elementary or comprehensive character,
or which cover both the colonial and the constitutional peri-
ods of American history in a single year. In making the
selection, accordingly, I have aimed to include such documents
only as experience has shown to be most necessary or useful
in comprehensive courses, bearing in mind the time available
for the average student. The texts are the same as those in
the three volumes named above, except the treaties, which here
follow the better text in the United States Statutes at Large,
Many of the documents, however, have been further condensed
by the omission of formal, technical, or relatively unimportant
provisions ; a few errors in the earlier volumes have been cor-
rected ; and some changes have been made in the notes. I shall
be glad if the volume serves to facilitate the study, especially
in elementary courses, of the documentary sources of American
history.
WILLIAM MacDONALD.
Peovidence, Rhode Islakd,
July, Z908.
Contents
mm
1. First Charter of Virginia. April 10/20, 1606 .
2. Second Charter of Virginia. May 23/ June 2, 1609
3. Third Charter of Virginia. March 12/22, 1611/12
4. Mayflower Compact. Nov. 11/21, 1620 .
5. Ordinance for Virginia, July 24/Aug. 3, 1621
6. First Charter of Massachusetts. March 4/14, 1628/9
7. Charter of Privileges to Patroons. June 7/17, 1629
8w Charter of Maryland. June 20/30, 1632
9. Fundamental Orders of Connecticut. Jan. 14/24, 1638/9
10. Fundamental Articles of New Haven. June 4/14, 1639
11. Patent of Providence Plantations. March 14/24, 1643
12. New England Confederation. May 19/29, 1643 •
13. Government of New Haven. Oct. 27/Nov. 6, 1643
14. Maryland Toleration Act. April, 1649 •
,15, First Navigation Act. 1660
16. Charter of Connecticut April 23/ May 3, 1662
17. First Charter of Carolina. March 24/ April 3, 1662/3
18. Charter of Rhode Island and Providence Plantations.
1663
19. Second Navigation Act. 1663 ....
20. Grant to the Duke of York. March 12/22, 1663/4
21. Second Charter of Carolina. June 30/July 10, 1665
^. Third Navigation Act. 1672 ....
23. Charter of Pennsylvania. March 4/14, 1680/81
24. Second CHiarter of Massachusetts. Oct. 7/17, 1 691
J 25. Navigation Act. April 10/20, 1696
26. Treaty of Utrecht. March 31 /April 1 1, 1 7 13
27. Charter of Georgia. June 9/20, 1732
^28. Molasses Act. May 17/28, 1733 .
/29U Writ of Assistance. Dec. 2, 1762 .
^jjo. Treaty of Paris. Feb. 10, 1763
, -31. Royal Proclamation concerning America
; 32, Sugar Act. April 5, 1764
July
Oct. 7, 1763
8/18,
PAGE
I
9
14
19
20
22
26
31
36
39
43
45
50
53
55
60
63
66
72
74
76
78
80
84
90
93
95
103
105
109
"3
117 .
vu
J
Vlii CONTENTS
NUMBBit 9Mam
33. Stamp Act. March 23, 1765 122
34. Quartering Act. April, 1765 131
,-J 35. Resolations of the Stamp Act Congreai. Oct. 19, 1765 • • .136
^ 36. Declaratory Act. March 18, 1766 139
37. Act suspending the New York Assembly. June 1 5, 1767 . • 141
~^8. Townshend Revenue Act. June 29, 1767 143
39. Massachusetts Circular Letter. Feb. 11, 1768 . . . • 146
40. Boston Port Act. March 31, 1774 I5«
>'4i. Massachusetts Government Act. May 20, 1774 . • • • 155
42. Administration of Justice Act. May 20, 1774 . . • • 159
■ '43. Declaration and Resolves of the First Continental Congress. Oct 14,
^ 1774 i6;z
J 44. The Association. Oct. 20, 1774 166
.'45. Lord North's Conciliatory Resolution. Feb. 27, 1775 . . • 171
46. New England Restraining Act. March 30, 1775 . . . .172
47. Declaration of the Causes and Necessity of Taking up Arms. July 6,
«775 176
■ 48. Report on Lord North's Conciliatory Resolution. July 31, 1775 • '^
'49. Proclamation of Rebellion. Aug. 23, 1775 188
— •^o. Declaration of Independence. July 4, 1776 190
J 51. Articles of Confederation. Nov. 15, 1777 195
52. Treaty of Paris. Sept. 3, 1783 204
53. Ordinance of 1787. July 13, 1787 209
54. Constitution of the United States. Sept. 17, 1787 . . . . 216
55. Hamilton's First Report on Public Credit. Jan. 9, 1790 . . 233
56. Proclamation of Neutrality. April 22, 1793 243
57. Treaty with Great Britain. Nov. I9t 1794 ^44
Alien and Sedition Acts. 1798 258
58. Naturalization Act. June 18, 1798 259
59. Alien Act. June 2$, 1798 261
60. Alien Enemies Act. July 6, 1798 263
61. Sedition Act. July 14, 1798 265
Kentucky and Virginia Resolutions. 1798, 1799 . . • . 267
62. Kentucky Resolutions. Nov. 16, 1798 268
63. Virginia Resolutions. Dec. 24, 1798 . . ' . . . . 274
\^^ Kentucky Resolutions. Nov. 22, 1799 276
fSs. Treaty with France for the Cession of Louisiana. April 30, 1803 . 279
,'66. Embargo Act. Dec. 22, 1807 282
■_$7. Non-Intercourse Act. March i, 1809 284
68. Declaration of War. June 18, 1812 288
69. Treaty of Ghent. Dec. 24, 18 14 289
70. Report of the Hartford Convention. Jan. 4, 1815 .... 293
^
CONTENTS
IX
PAGE
306
3"
313
3«3
3«4
314
315
316
3>7
VTMBUK
71. Act for a National Bank. April 10, 1816 . •
72. Treaty with Spain for the Floridas. Feb. 22, 1819
Missouri Compromise. 1820-21 . • . •
73. Tallmadge's Amendment. Feb. 13, 1819 • •
74. Taylor's Amendment. Jan. 26, 1820 • • •
75. Thomases Amendment. Feb. 17, 1820 .
76. Report of the Conference Committee. March I, 1820
77. Missouri Enabling Act. March 6, 1820 . .
78. Constitution of Missouri. July 19, 1820
79. Resolution for the Admission of Missouri. March 2, 1821
•^. Monroe's Message enunciating the Monroe Doctrine. Dec. 2, 1823 318
81. The Bank Controversy : Jackson's First Annual Message. Dec. 8,
1829 320
82. The Bank Controversy: Jackson's Second Annual Message.
Dec. 7, 1830 322
83. The Bank Controversy : Jackson's Third Annual Message. Dec. 6,
1831 323
84. Jackson's Bank Veto. July 10, 1832 324
85. South Carolina Ordinance of Nullification. Nov. 24, 1832 , . 329
86. Jackson's Proclamation to the People of South Carolina. Dec. 10, •
1832 333
87. Act for Enforcing the Tariff. March 2, 1833 . • . •341
I^m oval of the Deposits. September, 1833 . . • • . 344
88. Jackson's Paper read to the Cabinet. Sept. 18, 1833 . . . 344
89. Taney's Instructions to the Collector at Philadelphia. Sept. 26, 1833 349
90. Taney to the Girard Bank. Sept. 26, 1833 350
91. Taney to the Bank of the United States. Sept. 26, 1833 . . 351
92. Contract between the Girard Bank and the United States. Sept. 28,
1833 352
93. Constitution of the American Anti-Slavery Society. Dec. 4, 1833 353
94. Act to Regulate the Deposits. June 23, 1836 .... 355
95. Specie Qrcular. July 11, 1836 359
96. Treaty with Great Britain. Aug. 9, 1842 361
97. Joint Resolution for the Annexation of Texas. March 1, 1845 • 3^^
98. Act for the Prosecution of the Mexican War. May 13, 1846 • 371
99. Treaty with Great Britain. June 15, 1846 372
100. Independent Treasury Act. Aug. 6, 1846 374
loi. Treaty with Mexico. Feb. 2, 1848 377
Compromise of 1850 383
102. Clay's Resolutions. Jan. 29, 1850 384
103. Extract from the Report of the Committee of Thirteen. May 8, 1850 386
104. Extract from the Utah Act. Sept. 9, 1850 387
105- Extract from the TeiM *nd New Meiko Act. Sept. 9, 1850 . 3S8
106. FugilWe Sl»Te Act Sept. 18, 1850 390
107. Act abolishing the SUve Trade in (he Dutrict of Columbia.
Sept. 30, 1850 394
108. Treaty with Mexico. Dec 30, 1853 394
Kansas-Nebrxfca Act. 1854 397
109. Douglas's Report. Jan. 4, 1854 399
110. Dixon'a Propose d Amendment. Jan. 16, 1854 .... 40Z
111. Samnet's Proposed Amendment Jan. 17, 1854 . . , , 403
113. Extract ftoni the Act to Organize the Territorie* of Nebnuka
and Kansas. Ma; 30, 1S54 403
^113. Dred Scolt Deciiion, March 6, 1857 405
114. Lecompton Constitution. Nov. 7, 1857 ..... 430
115. South QiToliiia Ordinance of Secession. Dec. 30, 1860 . . 423
116. Coiutttutiun of the Confederate States of America. March 11,
1861 424
117. Call for 75/xxi Volunteers. April 15, 1861 433
118. Proclamation declaring a Blockade of Soutbera Port*. April 19,
'861 434
119. Act for a National Loan. July 17, 1861 436
I30. Act Buthoriiiog the Employment of Volunteer*. July 23, l86l . 438
121. Resolution otf the Nature and Object of the War. July 22,1861 439
132. Act for calling out the Militia. July 39, lg6l .... 440
123. Act to detine and punish certain Coospiraciei. jDly3l, 1861 . 441
J2d. ConRscation AcL ^g. 6, iSl^i...^ 443
125. Act authoriiiug the Seiiure of Railroad and Telegraph Lines.
Jan. 31, 186a 444
136. Act autboiizing the Issue of Legal Tender Not^ Feb. 25, 1862 446
117. Act for an Additional Article of War. March 13, l863 . . 448
118. Joint Resolution on Compensated Emancipation. April 10, 1863. 449
129. Act abolishing Slavery in the District of Columbia. April 16, 1S62 450
130. Abolition of Slavery in the Territories. Jnne 19, 1862 , . 452
131. Oath of Office. July I, 1862 453
133. Confiscation Act. July 17, i86z 454
133. Emancipation Proclamation. Jan. I, 1863 457
134. Eoralment Act. March 3, 1S63 459
135. Act relating to Habeas Corpus. March 3, 1863 .... 463
136. Resolution against Foreign Mediation. March 3, 18G3 . ■ 467
137. Proclamation of Amnesty. Dec. 8, 1S63 470
138. Nationid Bank Act. June 3, 1864 473
,139. Proclamatiun regarding Reconstruction. Julj 8, 1864 . . . 482
140. Electoral Count Feb. 8, 1865 487
CONTENTS xi
letrWBWI PAGE
141. Freedmen*8 Bureau. March 3, 1865 4^
142. Freedom for Soldiers' Families. March 3, 1S65 . • . • 490
143. Proclamatioii appointing a Governor for North Carolina. May 29,
1865 491
144. Thirteenth Amendment. Dec. 18, 1865 494
145. First Qvil Rights Act. April 9, 1866 494
146. Restoration of Tennessee. July 24, 1866 498
147. Franchise in the District of Columbia. Jan. 8, 1867 • • . 499
148. Elective Franchise in the Territories. Jan. 31, 1867 . . . 500
149. First Reconstruction Act. March 2, 1867 500
150. Tenure of Office Act. March 2, 1867 504
151. Command of the Army. March 2, 1867 507
152. Second Reconstruction Act. March 23, 1867 • . . • 508
153. Treaty with Russia for the Cession of Alaska. March 30, 1867 . ^ii
154. Third Reconstruction Act July 19, 1867 514
155. Articles of Impeachment March 2/3, 1868 .... 518
156. Fourth Reconstruction Act March 11, 1868 . . •529
157. Act admitting Arkansas to Representation in Congress. June 22,
1868 530
158. Act admitting North Carolina, South Carolina, Louisiana, Georgia,
Alabama, and Florida to Representation in Congress. June 25,
1868 532
159. Oath of Office. July 11, 1868 534
160. Joint Resolution excluding Electoral Votes of the Late Rebellious
States. July 20, 1868 535
i6i. Fourteenth Amendment to the Constitution. July 28, 1868 . . 536
162. Provisional Governments of Virginia, Texas, and Mississippi.
Feb. 18, 1869 538
163. Act to strengthen the Public Credit. March 18, 1869 . . . 539
164. Submission of the Constitutions of Virginia, Mississippi, and Texas.
April ID, 1869 540
165. Reconstruction of Georgia. Dec. 22, 1869 542
166. Admission of Virginia to Representation in Congress. Jan. 26,
1870 544
167. Fifteenth Amendment to the Constitution. March 30, 1870 . . 546
168. Act to enforce the Fifteenth Amendment. May 31, 1870 . . 547
169. Act for refunding the National Debt. July 14, 1870 . . • 551
170. Act for the Restoration of Georgia. July 15, 1870 . . . 553
171. Supplementary Act to enforce the Fifteenth Amendment. Feb. 28,
1871 554
172. Act to enforce the Fourteenth Amendment April 20, 1871 . . 560
173. Act removing Political Disabilities. May 22, 1872 . . . 564
xli
CONTENTS
WUMBEK
PAGB
74. Coinage Act. Feb. 12, 1873 565
75. Resumption of Specie Payments. Jan. 14, 1875 • • • 566
76. Second Civil Rights Act. March I, 1875 568
77. Electoral Count Act Jan. 29, 1877 570
78. Coinage of the Standard Silver Dollar. Feb. 28, 1878 • • .573
79. Civil Service Act. Jan. 16, 1883 ' , 575
80. Interstate Commerce Act. Feb. 4, 1887 581
81. Anti-Trust Act. July 2, 1890 591
82. Silver Purchase Act. July 14, 1890 593
83. Repeal of the Silver Purchase Act of 1890. Nov. I, 1893 , . 595
84. Recognition of the Independence of Cuba. April 20, 1898 . • 597
85. Declaration of War. April 25, 1898 598
86. Annexation of the Hawaiian Islands. July 7, 1898 . • . 600
87. Treaty of Paris. Dec. 10, 1898 602
88. Gold Standard Act. March 14, 1900 609
89. Treaty with Great Britain regarding an Isthmian Canal. Novem-
ber 18, 1901 614
9a Chinese Exclusion Act. April 29, 1902 616
91. Act for the Construction of an Isthmian Canal. June 28, 1902 . 618
92. Panama Canal Treaty. November 18, 1903 623
93. Naturalization Act. June 29, 1906 630
94. Prohibition of Campaign Contributions by Corporations. January
26, 1907 635
95. Immigration Act February 20, 1907 636
96. Act relating to Expatriation. March 2, 1907 .... 644
97. Sixteenth Amendment. February 25, 1913 647
98. Seventeenth Amendment. May 31 9 191 3 647
Index 649
DOCUMENTARY SOURCE BOOK
OF AMERICAN HISTORY
No. I. First Charter of Virginia
April xo/20, x6o6
Thx region included in the Virginia grant was claimed by Spain, but the
close of the war between Spain and England, in 1604, left the latter free to
extend the area of its occupation in America. Various plans for settlement
and trade were brought forward soon after the return of Weymouth, in July,
1605. A petition for a charter, signed by Sir Thomas Gates, Sir George
Somers, Hakluyt, and others, was favorably considered by James I., and in
April, 1606, the charter passed the seals. The first draft of the charter,
accompanying the petition, was probably drawn by Sir John Popham, lord
chief justice, but the final form was the work of Sir Edward Coke, attorney-
general, and Sir John Dodderidge, solicitor-general. Royal orders and
instructions for the government of the two colonies and the conduct of their
affairs were issued Nov. 20/30 and Dec. 10/20, 1606. An ordinance and
constitution of March 9/19, 1607, increased the membership of the council
and enlarged its authority.
References. — Text in Stith*s History of Virginia (Sabin's ed., 1865),
Api>endix I. Invaluable documentary material for the early history of Vir-
ginia, to 1616, is set forth in Brown's Genesis of the United States; see also the
same author's First Republic in America ^ 1-7 1. Important contemporary
accounts are: John Smith's A True Relation (Deane's ed., 1866, with notes),
and General Historie (Arber's reprint); Wingficld's A Discourse of Virginia
(Deane's ed., with notes, in Archceologia Americana, IV., 67-163); and A
True Declaration of the Estate of the Colonie in Virginia (in Force's Tracts,
III.). See further: Neill's Virginia Company; Sainsbury's Calendar of
State Papers, Colonial, I.
I. JAMES, by the Grace of God, King of England^ Scotland,
France, and Ireland, Defender of the Faith, &c. Whereas our
loving and well-disposed Subjects, Sir Thomas Gales, and Sir
George Somers, Knights, Richard Hackluit, Clerk, Prebendary of
Westminster, and Edward-Maria Wingfield, Thomcts Hanham,
and Ralegh Gilbert, Esqrs. William Parker, and George Popham,
Gentlemen, and divers others of our loving Subjects, have been
humble Suitors unto us, that We would vouchsafe unto them our
Licence, to make Habitation, Plantation, and to deduce a Colony
of sundry of our People into that Part of America, commonly
B I
2 FIRST CHARTER OF VIRGINIA [April 10/30
called Virginia, and other Parts and Territories in Americay either
appertaining unto us, or which are not now actually possessed by
any Christian Prince or People, situate, lying, and being all along
the Sea Coasts, between four and thirty Degrees of Northerly
Latitude from the Equinoctial Line, and five and forty Degrees
of the same Latitude, and in the main Land between the same
four and thirty and five and forty Degrees, and the Islands there-
unto adjacent, or within one hundred Miles of the Coast thereof;
II. And to that End, and for the more speedy Accomplish-
ment of their said intended Plantation and Habitation there,
are desirous to di\dde themselves into two several Colonies and
Companies; The one consisting of certain Knights, Gentlemen,
Merchants, and other Adventurers, of our City of London and
elsewhere, which are, and from time to time shall be, joined unto
them, which do desire to begin their Plantation and Habitation
in some fit and convenient Place, between four and thirty and
one and forty Degrees of the said Latitude, alongst the Coasts
of Virginia and Coasts of America aforesaid; And the other
consisting of sundry Knights, Gentlemen, Merchants, and other
Adventurers, of our Cities of Bristol and Exeter, and of our Town
of Plimouth, and of other Places, which do join themselves unto
that Colony, which do desire to begin their Plantation and Habi-
tation in some fit and convenient Place, between eight and thirty
Degrees and five and forty Degrees of the said Latitude, all alongst
the said Coast of Virginia and America, as that Coast lyeth:
III. We, greatly commending, and graciously accepting of,
their Desires for the Furtherance of so noble a Work, which may,
by the Providence of Almighty God, hereafter tend to the Glory
of his Divine ^ajesty, in propagating of Christian Religion to
such People, as yet live in Darkness and miserable Ignorance of
the true Knowledge and Worship of God, and may in time bring
the Infidels and Savages, living in those Parts, to human Civility,
and to a settled and quiet Government; DO, by these our Letters
Patents, gracioxisly accept of, and agree to, their humble and well-
intended Desires;
IV. And do therefore, for Us, our Heirs, and Successors,
GRANT and agree, that the said Sir Thomas Gates, Sir George
Somers, Richard Hackluit, and Edward-Maria Wingfield, Ad-
venturers of and for our City of London, and all such others, as
i6o6] FIRST CHARTER OF VIRGINIA 3
are, or shall be, joined unto them of that Colony, shall be called
the first Colony; And they shall and may begin their said first
Plantation and Habitation, at any Place upon the said Coast of
Virginia or America, where they shall think fit and convenient,
between the said four and thirty and one and forty Degrees of the
said Latitude; And that they shall have all the Lands, Woods,
Soil, Grounds, Havens, Ports, Rivers, Mines, Minerals, Marshes,
Waters, Fishings, Commodities, and Hereditaments, whatsoever,
from the said first Seat of their Plantation and Habitation by the
Space of fifty Miles of English Statute Measure, all along the said
Coast of Virginia and America, towards the West and Southwest ,
as the Coast lyeth, with all the Islands within one hundred Miles
direcdy over against the same Sea Coast ; And also all the Lands
. . . [etc.] . . . from the said Place of their first Plantation and
Habitation for the space of fifty like English Miles, all alongst the
said Coast of Virginia and America, towards the East and North-
east, or towards the North, as the Coast lyeth, together with all
the Islands within one hundred Miles, directly over against the
said Sea Coast; And also all the Lands . . . [etc.] . . . from
the same fifty Miles every way on the Sea Coast, directly into the
toain Land by the Space of one hundred like English Miles ; And
shall and may inhabit and remain there ; and shall and may also
build and fortify within any the same, for their better Safeguard
and Defence, according to their best Discretion, and the Discre-
tion of the Council of that Colony; And that no other of our
Subjects shall be permitted, or suffered, to plant or inhabit be-
hind, or on the Backside of them, towards the main Land, without
the Express Licence or Consent of the Council of that Colony,
thereunto in Writing first had and obtained.
V. And we do likewise . . . Grant and agree, that the said
Thomas Hanham, and Ralegh Gilbert, William Parker, and
George Popham, and all others of the Town of Plimouth in the
County of Devon, or elsewhere, which are, or shall be, joined unto
them of that Colony, shall be called the second Colony; And that
they shall and may begin their said Plantation and Seat of their
first Abode and Habitation, at any Place upon the said Coast of
Virginia and America, where they shall think fit and convenient,
between eight and thirty Degrees of the said Latitude, and five
and forty Degrees of the same Latitude; And that they shall
4 FIRST CHARTER OF VIRGINIA [April io/»
have all the Lands . . . [etc.] . . . from the first Seat of their
Plantation and Habitation by the Space of fifty like English
Miles, as is aforesaid, all alongst the said Coast of Virginia and
Atmrita, towards the WesI and Southwest, or towards the South,
as the Coast lyeth, and all the Islands within one hundred Miles,
directly over against the said Sea Coast; And also all the Lands
. . . [etc.] . . . from the said Place of their first Plantation and
Habitation for the Space of fifty like Miles, al) atongst the said
Coast of Virginia and Ameriea, towards the East and North-
east, or towards the North, as the Coast lyeth, and all the Islands
also within one hundred Miles directly over against the' same
Sea Coast; And aJso all the Lands . . . [etc.] . . . from the
same fifty Miles every way on the Sea Coast, directly into the
main Land, by the Space of one hundred like English Miles. . . .
VI. Provided always, and our Will and Pleasure herein is,
that the Plantation and Habitation of such of the said Colonies,
as shall last plant themselves, as aforesaid, shall not be made
within one hundred like English Miles of the other of them,
that first began to make their Plantation, as aforesaid.
VII. And we do also ordain . . . that each of the said Colonies
shall have a Council, which shall govern and order all Matters and
Causes, which shall arise, grow, or happen, to or within the same
several Colonies, according to such Laws, Ordinances, and instruc-
tions, as shall be, in that behalf, given and signed with Our Hand
oc Sign Manual, and pass under the Privy Seal of our Realm of
England; Each of which Councils shall consist of thirteen Per-
sons, to be ordained, made, and removed, from time to time,
according as shall be directed and comprised in the same instruc-
tions; And shall have a several Seal, for all Matters that shall
pass or concern the same several Councils. . . .
Vin. And that also there shall be a Council established here
in England, which shall, in like Manner, consist of thirteen
Persons, to be, for that Purpose, appointed by Us . . ,, which
shall be called our Council of Virginia; And shall, from time
to time, have the superior Managing and Direction, only of and
for all Matters, that shall or may concern the Government, as
well of the said several Colonies, as of and for any other Part
or Place, within the aforesaid Precincts of four and thirty and
five and forty Degrees, above mentioned. . . .
i6o6] FIRST CHARTER OF VIRGINIA 5
IX. Ani> moreover, we do Grant . . . that the said several
G)uncils, of and for the said several Colonies, shall and lawfully
may, by Virtue hereof, from time to time, without any Interruption
of Us . . ., give and take Order, to dig, mine, and search for all
Marnier of Mines of Gold, Silver, and Copper, as well within
any part of their said several Colonies, as for the said main Lands
on the Backside of the same Colonies; And to Have and enjoy
the Gold, Silver, and Copper, to be gotten thereof, to the Use
and Behoof of the same Colonies, and the Plantations thereof;
Yielding therefore, to Us . . . the fifth Part only of all the same
Gold and Silver, and the fifteenth Part of all the same Copper,
so to be gotten or had, as is aforesaid, without any other Manner
of Profit or Account, to be given or yielded to Us . . . for or in
Respect of the same:
X. And that they shall, or lawfully may, establish and cause
to be made a Coin, to pass current there between the People of
those several Colonies, for the more Ease of Traffick and Bar-
gaining between and amongst them and the Natives there, of
such Metal, and in such Manner and Form, as the said several
Councils there shall limit and appoint.
XI. And we do likewise . . . give full Power and Authority to
the said Sir Thomas Gates . ^ . [and others] . . ., and to every of
them, and to the said several Companies, Plantations, and Colonies,
that they . . . shall and may, at all and every time and times
hereafter, have, take, and lead in the said Voyage, and for and
towards the said several Plantations and Colonies, and to travel
thitherward, and to abide and inhabit there, in every the said
Colonies and Plantations, such and so many of our Subjects, as
shall willingly accompany them, or any of them, in the said
V^oyages and Plantations; With sufl&cient Shipping, and Furniture
of Armour, Weapons, Ordinance, Powder, Victual, and all other
things, necessary for the said Plantations, and for their Use and
Defence there: Provided always, that none of the said Persons be
such, as shall hereafter be specially restrained by Us. . . .
Xn. Moreover, we do . . . Give and grant Licence unto
the said Sir Thomas Gates . . . [and others] . . ., and to every of
the said Colonies, that they . . . shall and may ... for their
several Defences, encounter, expulse, repel, and resist, as well by
Sea as by Land, by all Ways and Means whatsoever, all and
6 HRST CHARTER OF VIRGINIA [April lo/ao
every such Person and Persons, as without the especial Licence
of the said several Colonies and Plantations, shall attempt to in-
habit within the said several Precincts and Limits of the said
several Colonies and Plantations, or any of them, or that shall en-
terprise or attempt, at any time hereafter, the Hurt, Detriment, or
Annoyance, of the said several Colonies or Plantations:
XIII. Giving and ckantinc, by these Presents, unto the said
Sir Thomas Gates . . .,[and others] , . . and their Associates
of the said first Colony, and unto the said Thomas Hankam . . .
[and others] . . . and their Associates of the said second Colony
. . . Power and Authority to take and surprise, by all Waj's and
Means whatsoever, all and every Person and Persons, with their
Ships, Vessels, Goods and other Furniture, which shall be found
trafBcking, into any Harbour or Harbours, Creek or Creeks, or
Place, within the Limits or Precincts of the said several Colonies
and Plantations, not being of the same Colony, until such time,
as they, being of any Realms or Dominions under our Obedience,
shall pay, or agree to pay, to the Hands of the Treasurer of that
Colony, within whose limits and Precincts they shall so traf&ck,
two and a half upon every Hundred, of any thing, so by them
trafficked, bought, or sold; And being Strangers, and net Subjects
under our Obeysance, until they shalj pay five upon every Hundred,
of such Wares and Merchandises, as they shall traffick, buy, or sell,
within the Precincts of the said several Colonies, wherein they
shall so traSick, buy, or sell, as aforesaid ; Which Sums of Money,
or Benefit, as aforesaid, for and during the Space of one and
twenty Years, next ensuing the Date hereof, shall be wholly em-
ploied to the Use, Benefit, and Behoof of the said several Plan-
tations, where such Traffick shall be made; And after the said
one and twenty Years ended, the same shall be taken to the Use
of Us . . . by such Officers and Ministers, as by Us . . . shall
be thereunto assigned or appointed.
XIV. And we do further . . . Give and grant unto the
said Sir Thomas Gales . . . [and others] . . ., and to their As-
sociates of the said first Colony and Plantation, and to the said
Tlwmas Hankam . . . [and others] . . ., and their Associates
of the said second Colony and Plantation, that they ... by
their Deputies, Ministers, and Factors, may transport the Goods,
Chattels,' Armour, Munition, and Furniture, needful to be used
i6o6l FIRST CHARTER OF VIRGINIA 7
by them, for their said Apparel, Food, Defence, or otherwise in
Respect of the said Plantations, out of our Realms of England
and Ireland, and all other our Dominions, from time to time,
for and during the Time of seven Years, next ensuing the Date
hereof, for the better Relief of the said several Colonies and
Plantations, without any Custom, Subsidy, or other Duty, unto
Us ... to be yielded or paid for the same.
XV. Also we do . . . Declare . . . that all and every the Persons,
being our Subjects, which shall dwell and inhabit within every or
any of the said several Colonies and Plantations, and every of
their children, which shall happen to be bom within any of the
Limits and Precincts of the said several Colonies and Plantations,
shall HAVE and enjoy all Liberties, Franchises, and Immunities,
within any of our other Dominions, to all Intents and Purposes,
as if they had been abiding and bom, within this our Realm of
England^ or any other of our said Dominions.
XVI. Moreover, our gracious Will and Pleasure is, and we
do . . . declare and set forth, that if any Person or Persons,
which shall be of any of the said Colonies and Plantations, or any
other, which shall traffick to the said Colonies and Plantations, or
any of them, shall, at any time or times hereafter, transport any
Wares, Merchandises, or Commodities, out of any our Dominions,
with a Pretence to land, sell, or otherwise dispose of the same,
within any the Limits and Precincts of any the said Colonies and
Plantations, and yet nevertheless, being at Sea, or after he hath
landed the same within any of the said Colonies and Plantations,
shall carry the same into any other Foreign Country, with a Purpose
there to sell or dispose of the same, without the Licence of Us . . .
in that Behalf first had and abtained; That then, all the Goods
and Chattels of such Person or Persons, so offending and trans-
porting, together with the said Ship or Vessel, wherein such
Transportation was made, shall be forfeited to Us . . .
XVII. Provtoed always, and our Will and Pleasure is, and we
do hereby declare to all Christian Kings, Princes, and States,
that if any Person or Persons, which shall hereafter be of any of
the said several Colonies and Plantations, or any other, by his,
their or any of their Licence and Appointment, shall, at any time
or times hereafter, rob or spoil, by Sea or by Land, or do any
Act of unjust and unlawful Hostility, to any the Subjects of Us. . .
8 FIRST CHARTER OF VIRGINIA [April 10/20
or any the Subjects of any King, Prince, Ruler, Governor, or
State, being then in League or Amity with Us . . ., and that
upon such Injury, or upon just Complaint of such Prince, Ruler,
Governor, or State, or their Subjects, We . . . shall make open
Proclamation, within any of the Ports of our Realm of England,
commodious for that Purpose, That the said Person or Persons,
having committed any such Robbery or Spoil, shall, within the
Term to be limited by such Proclamations, make full Restitution
or Satisfaction of all such Injuries done, so as the said Princes,
or others, so complaining, may hold themselves fully satisfied
and contented; And that, if the said Person or Persons, having
committed such Robbery or Spoil, shall not make, or cause to
be made. Satisfaction accordingly, within such Time so to be
limited. That then it shall be lawful to Us ... to put the said
Person or Persons, having committed such Robbery or Spoil, and
their Procurers, Abetters, or Comforters, out of our Allegiance
and Protection ; And that it shall be lawful and free, for all Princes
and others, to pursue with Hostility the said Offenders, and every
of them, and their and every of their Procurers, Aiders, Abetters,
and Comforters, in that Behalf.
XVni. And finally, we do . . . Grant and agree, to and with
the said Sir Thomas Gates . . . [and others] . . ., and all others
of the said first Colony, that We . . ., upon Petition in that Behalf
to be made, shall, by Letters-patent under the Great Seal of England,
Give and Grant unto such Persons, their Heirs, and Assigns, as
the Council of that Colony, or the most Part of them, shall, for that
Purpose nominate and assign, all the Lands, Tenements, and
Hereditaments, which shall be within the Precincts limited for that
Colony, as is aforesaid, To be holden of Us, our Heirs, and
Successors, as of our Manor at East-Greenwich in the County of
Kent, in free and common Soccage only, and not in Capite:
XIX. [Tenure of land under the second colony as in Section
XVIII.]
XX. All which Lands, Tenements, and Hereditaments, so to
be passed by the said several Letters-patent, shall be sufficient
Assurance from the said Patentees, so distributed and divided
amongst the Undertakers for the Plantation of the said several
Colonies, and such as shall make their Plantations in either of
the said several Colonies, in such Manner and Form, and for such
i6o9] SECOND CHARTER OF VIRGINIA g
Estates, as shall be ordered and set down by the Council of the
said Colony, or the most Part of them, respectively, within which
the same Lands, Tenements, and Hereditaments shall lye or be;
Although express Mention of the true yearly Value or Certainty of
the Premises, or any of them, or of any other Gifts or Grants, by
Us or any of our Progenitors or Predecessoi;;5, to the aforesaid Sir
Thomas Gates . , . [and others] . . ., or any of them, heretofore
made, in these Presents, is not made; Or any Statute, Act, Or-
dinance, or Provision, Proclamation, or Restraint, to the con-
trary hereof had, made, ordained, or any other Thing, Cause, or
Matter whatsoever, in any wise notwithstanding. . . .
No. 2. Second Charter of Virginia
May 23 /June 2, 1609
In January, 1609, Newport returned from Virginia, bringing various papers
setting forth the condition of the colony. The first charter, in itself essen-
tially experimental, had already proved defective; and this, together with
the discouraging outlook for the Compan , led to an application for a new
charter, with larger and more specific privileges. The first drafts of both the
second and the third charters, annexed to the petitions, were probably drawn
by Sir Edwin Sandys, but the final form in each case was the work of Sir
Henry Hobart, attorney-general, and Sir Francis Bacon, solicitor-general.
With the second charter the connection between the Plymouth Company and
the London Company ceased, and the latter became a separate corporate body.
References. — Text in Stith's History 0/ Virginia (Sabin's ed., 1865),
Appendix II. The Records of the Virginia Company of London^ 1619-1624,
have been edited by Susan M. Kingsbury; see also Brown's First Republic
in America, 73-165.
[The charter begins with a recital of the grant of 1606, and
continues :]
II. Now, forasmi^ch as divers and sundry of our loving Sub-
jects, as well Adventurers, as Planters, of the said first Colony
. . . have of late been humble Suitors unto Us, that (in Respect
of their great Charges and the Adventure of many of their Lives,
which they have hazarded in the said Discovery and Plantation
of the said Country) We would be pleased to grant them a further
Enlargement and Explanation of the said Grant, Privileges, and
lO SECOND CHARTER OF VIRGINIA [May 23/ June a
Liberties, and that such Counsellors, and other Officers, may be
appointed amongst them, to manage and direct their affairs, as are
willing and ready to adventure with them, as also whose Dwellings
are not so far remote from the City of London^ but that they may,
at convenient Times, be ready at Hand, to give their Advice and
Assistance, upon all Occasions requisite.
III. We . . . Do . . . Give, Grant, and Confirm, to our
trusty and well-beloved Subjects, Robert, Earl of Salisbury . . .
[and others *]...; And to such, and so many, as they do, or
shall hereafter, admit to be joined with them, in Form hereafter
in these Presents expressed, whether they go in their Persons, to
be Planters there in the said Plantation, or whether they go not,
but adventure their Monies, Goods, or Chattels; That they shall
be one Body or Commonalty perpetual, and shall have perpetual
Succession, and one common Seal, to serve for the said Body or
Commonalty; And that they, and their Successors, shall be known,
CALLED, and INCORPORATED by the Name of. The Treasurer and
Company of Adventurers and Planters of the City of London for
the first Colony in Virginia:
♦ ♦♦♦♦♦♦♦
VI. And we do also . . . give, grant and confirm, unto the
said Treasurer and Company, and their Successors, under the Reser-
vations, Limitations, and Declarations, hereafter expressed, all
those Lands, Countries, and Territories, situate, lying, and being,
in that Part of America called Virginia, from the Point of Land,
called Cape or Point Comfort, all along the Sea Coast, to the
Northward two hundred Miles, and from the said Point of Cape
Comfort, all" along the Sea Coast, to the Southward two hundred
Miles, and all that Space and Circuit of Land, lying from the Sea
Coast of the Precinct aforesaid, up into the Land, throughout
from Sea to Sea, West, and Northwest; And also all the Islands,
lying within one hundred Miles, along the Coast of both Seas of
the Precinct aforesaid. ... ,
Vn. And nevertheless, our Will and Pleasure is, and we do,
by these Presents, charge, command, warrant, and authorise,
^ "The incorporators of this charter were 56 city companies of London and
659 persons; of whom ai were j)eers, 96 knights, 11 doctors, ministers, etc., 53
captains, 38 esquires, 58 gentlemen, no merchants, and 28a citizens and others
not classified." Brown's Genesis of the United SkUeSf I., aaS, note x. The list
of incorporators is given in full by Brown. — Ed.
i6o9l SECOND CHARTER OF VIRGINIA n
that the said Treasurer and Company, or their Successors, or the
major Part of them, which shall be present and assembled for
that Puxpose, shall, from time to time, under their Common Seal,
Distribute, convey, assign, and set over, such particular Por-
tions of Lands, Tenements, and Hereditaments, by these Presents,
formeriy granted, unto such our loving Subjects, naturally bom,
or Denizens, or others, as well Adventurers as Planters, as by the
said Company (upon a Commission of Survey and Distribution,
executed and returned for that Purpose), shall be nominated,
appointed, and allowed; Wherein our Will and Pleasure is, that
Respect be had, as well of the Proportion of the Adventurer, as
to the special Service, Hazard, Exploit, or Merit of any Person,
so to be recompenced, advanced, or rewarded.
VIII. And forasmuch, as the good and prosperous Success of
the said Plantation cannot but chiefly depend, next under the
Blessing of God, and the Support of our Royal Authority, upon
the provident and good Direction of the whole Enterprize, by a
careful and imderstanding Council, and that it is not convenient,
that ail the Adventurers shall be so often drawn to meet and
assemble, as shall be requisite for them to have Meetings and
Conference about the Affairs thereof; Therefore we DO ORDAIN,
establish, and confirm, that there shall be perpetually one Council
here resident, according to the Tenour of our former Letters-
patents . . .
Xin. And further ... we do . . . Give and Grant full
Power and Authority to our said Council, here resident, as well
at this present Time, as hereafter from time to time, to nominate,
make, constitute, ordain, and confirm, by such Name or Names,
Stile or Stiles, as to them shall seem good, And likewise to revoke,
discharge, change, and alter, as well all and singular Governors,
Officers, and Ministers, which already have been made, as also
which hereafter shall be by them thought fit and needful to be
made or used, for the Government of the said Colony and Plan-
tation:
XIV. And also to make, ordain, and establish all Manner of
Orders, Laws, Directions, Instructions, Forms, and Ceremonies
of Government and Magistracy, fit and necessary, for and con-
cerning the Government of the said Colony and Plantation; And
12 SECOND CHARTER OF VIRGINIA [May 23/ June 2
the same, at all times hereafter, to abrogate, revoke, or change,
not only within the Precincts of the said Colony, but also upon
the Seas in going and coming, to and from the said Colony, as
they, in their good Discretion, shall think to be fittest for the
Good of the Adventurers and Inhabitants there.
XVI. And we do further . . . Ordain and establish, that
the said Treasurer and Council here resident, and their Successors,
or any four of them, being assembled (the Treasurer being one)
shall, from time to time, have full Power and Authority, to admit
and receive any other Person into their Company, Corporation,
and Freedom; And further, in a General Assembly of the Ad-
venturers, with the Consent of the greater Part, upon good Cause,
to disfranchise and put out any Person or Persons, out of the said
Freedom or Company.
XIX. And for their further Encouragement . . . we do . . .
Yield and Grant, to and with the said Treasurer and Company,
and their Successors, and every of them, their Factors, and
Assigns, that they, and every of them, shall be free of all Sub-
sidies and Customs in Virginia^ for the Space of one and twenty
Years, and from all Taxes and Impositions, for ever, upon any
Goods or Merchandises, at any time or times hereafter, either
upon Importation thither, or Exportation from thence, into our
Realm of England, or into any other of our Realms or Dominions,
by the said Treasurer and Company, and their Successors, their
Deputies, Factors, or Assigns, or any of them : Except only the
five Poimds per Cent, due for Custom, upon all such Goods and
Merchandises, as shall be brought or imported into our Realm of
England, or any other of these our Dominions, according to the
ancient Trade of Merchants; Which five Pounds per Cent, only
being paid, it shall be thenceforth lawful and free for the said
Adventurers, the same Goods and Merchandises to export, and
carry out of our said Dominions, into foreign Parts, without any
Custom, Tax, or other Duty, to be paid to us ... or to any
other our OflScers or Deputies: Provided, that the said Goods
and Merchandises be shipped out, within thirteen Months, after
their first Landing within any Part of these Dominions.
itogl SECOND CHARTER OF VIRGII^IA 13
XXIII. And forasmuch, as it shall be necessary for all such
lur loNdng Subjects, as shall inhabit within the said Precincts of
Virginia^ aforesaid, to determine to live together, in the Fear
and true Worship of Almighty God, Christian Peace, and civil
Quietness, each with other, whereby every one may, with more
Safety, Pleasure, and Profit, enjoy that, whereunto they shall
attain with great Pain and Peril; We ... do give and grant
unto the said Treasurer and Company, and theu: Successors, and
to such Governors, Officers, and Ministers, as shall be, by our
said Council, constituted and appointed, according to the Natures
and Limits of their Offices and Places respectively, that they
shall and may, from time to time for ever hereafter, within the
said Precincts of Virginia, or in the way by Sea thither and from
thence, have full and absolute Power and Authority, to correct,
punish, pardon, govern, and rule, all such the Subjects of Us
... as shall, from time to time, adventure themselves in any
Vo\'age thither, or that shall, at any time hereafter, inhabit in
the Precincts and Territories of the said Colony, as aforesaid,
according to such Orders, Ordinances, Constitutions, Directions,
and Instructions, as by our said Council, as aforesaid, shall be
established; And in Defect thereof, in case of Necessity, accord-
ing to the good Discretions of the said Governor and Officers,
respectively, as well in Cases capital and criminal as civil, both
marine and other; So always, as the said Statutes, Ordinances,
and Proceedings, as near as conveniently may be, be agreeable
to the Laws, Statutes, Government, and Policy of this our Realm
of England,
XXIV. And we do further . . . grant, declare, and ordain,
that such principal Governor, as, from time to time, shall duly
and lawfully be authorised and appointed, in Manner and Form
in these Presents heretofore expressed, shall have full Power and
Authority, to use and exercise Martial Law, in Cases of Rebellion
or Mutiny, in as large and ample Manner, as our Lieutenants in
our Counties, within this our Realm of England, have, or ought
to hav^, by Force of their Commissions of Lieutenancy.
XXIX. And lastly, because the principal Effect, which we can
desire or expect of this Action, is the Conversion and Reduction
of the People in those Parts unto the true Worship of God and
14 THIRD CHARTER OF VIRGINIA [March 12/22
Christian Religion, in which Respect we should be loath, that
any Person should be permitted to pass, that we suspected to
aflFect the superstitions of the Church of Rome; We do hereby
DECLARE, that it is our WiU and Pleasure, that none be permitted
to pass in any Voyage, from time to time to be made into the
said Country, but such, as first shall have taken the Oath of
Supremacy; For which Purpose, we do, by these Presents, give
full Power and Authority, to the Treasurer for the time being,
and any three of the Council, to tender and exhibit the said Oath,
to all such Persons, as shall at any time, be sent and employed
in the said Voyage. . . .
No. 3. Third Charter of Virginia
March za/aa, i6zi/za
The immediate reason for the third charter of Virginia was the desire to
include within the limits of the Company the Bermudas, or Somers Islands,
respecting whose beauty, fertility, and wealth glowing reports had been re-
ceived ; but the failure of many subscribers to pay their subscriptions, and the
consequent low state of the treasury, emphasized the need of stronger powers
of control. The petition was probably granted before November, 16 10; but
the names of subscribers were obtained with difficulty, and it was March, 161 2,
before the charter passed the seals. The rights in the Bermudas were subse-
quently sold by the Company to some of its own members, who, in 16 14,
obtained a charter as the Somers Islands Company. The Virginia charter
of 161 2 was annulled by writ of quo warranto in 1624.
References. — Text in Stith*s History of Virginia (Sabin's ed., 1865),
Appendix III. Hening's Statutes at Large, I., gives the early laws of the
colony. The royal proclamation of 1625 is in Hazard's Historical Collections,
!•» 203-205. See also Brown's First Republic in America, 165-648.
[The charter begins with a recital of the grant of 1609, and
continues :]
III. Now, forasmuch as we are given to understand, that in
those Seas, adjoining to the said Coasts of Virginia, and without
the Compass of those two hundred Miles . . ., and yet not far
distant from the said Colony in Virginia, there are, or may be,
divers Islands, lying desolate and uninhabited, some of which are
already made known and discovered, by the Industry, Travel, and
Expences of the said Company, and others also are supposed to be
i6ii/ial THIRD CHARTER OF VIRGINIA 15
and remain, as yet, unknown and undiscovered, all and every of
which it may import the said Colony, both in Safety and Policy
of Trade, to populate and plant, in Regard whereof, as well for
the preventing of Peril, as for the better Commodity and Pros-
perity of the said Colony, they have been humble Suitors unto
us, that we would be pleased to grant unto them an Enlargement
of our said former Letters Patents . . . :
rv. We therefore . . . do . . . Give, Grant, and Confirm
to the said Treasiu^r and Company of Adventurers and Planters
of the city of London for the first Colony in VirginiOy and to their
Heirs and Successors, for ever, all and singular those Islands
whatsoever, situate and being in any Part of the Ocean Seas
bordering upon the Coast of our said first Colony in Virginia,
and being within three hundred Leagues of any of the Parts hereto-
fore granted to the said Treasurer and Company, in our said
former Letters Patents, as aforesaid, and being within or between
the one and fortieth and thirtieth Degrees of Northerly Latitude ;
. . . Provided always, that the said Islands, or any the Premises
herein mentioned, or by these Presents intended or meant to be
granted, be not actually possessed or inhabited by any other
Christum Prince or Estate, nor be within the Bounds, Limits,
or Territories of the Northern Colony, heretofore by Us granted
to be planted by divers of our loving Subjects, in the North Parts
of Virginia ...
\TI. And We do hereby ordain and grant . . . that the
said Treasurer and Company of Adventurers and Planters afore-
said, shall and may, once every Week, or oftener, at their Pleasure,
hold and keep a Court and Assembly, for the better Order and
Government of the said Plantation, and such things, as shall
concern the same. . . .
Vm. And that nevertheless, for the handling, ordering, and
disposing of Matters and Affairs of greater Weight and Impor-
tance, and such, as shall or may, in any Sort, concern the Weal
Publick and general Good of the said Company and Plantation,
as namely, the Manner of Government from time to time to be
used, the Ordering and Disposing of the Lands and Possessions,
and the Settling and Establishing of a Trade there, or such like,
there shaU be held and kept, every Year, upon the last Wednes*
l6 THIRD CHARTER OF VIRGINIA [March 12/22
day^ save one, of Hillary Term, Easter ^ Trinity^ and Michaelmas
Terms, for ever, one great, general, and solemn Assembly, which
four Assemblies shall be stiled and called. The four Great and
General Courts of the Council and Company of Adventurers for
Virginia; In all and every of which said Great and General Courts,
so assembled . . . , the said Treasurer and Company, or the greater
Number of them, so assembled, shall and may have fuD Power
and Authority ... to elect and chuse discreet Persons, to be of
our said Council for the said first Colony in Virginia, and to nomi-
nate and appoint such Officers, as they shall think fit and requisite,
for the Government, Managing, Ordering, and Dispatching of
the Affairs of the said Company; And shall likewise have full
Power and Authority, to ordain and make such Laws and Ordi-
nances, for the Good and Welfare of the said Plantation, as to them,
from time to time, shall be thought requisite and meet : So always,
as the same be not contrary to the Laws and Statutes of this our
Realm of England. ...
^P ^ T* ^P ^P ^F ^P ^P
XrV. And furthermore, whereas we have been certified, that
divers lewd and ill-disposed Persons, both Sailers, Soldiers, Ar-
tificers, Husbandmen, Labourers, and others, having received
Wages, Apparel, and other Entertainment from the said Com-
pany, or having contracted and agreed with the said Company, to
go, or to serve, or to be employed in the said Plantation of the
said first Colony in Virginia, have afterwards, either withdrawn,
hid, or concealed themselves, or have refused to go thither, after
they have been so entertained and agreed withal; And that
divers and sundry Persons also, which have been sent and em-
ployed in the said Plantation of the said first Colony in Virginia,
at and upon the Charge of the said Company, and having there
misbehaved themselves by Mutinies, Sedition, or other notorious
Misdemeanors, or having been employed or sent abroad, by the
Governor of Virginia or his Deputy, with some Ship or' Pinnace,
for our Provision of the said Colony, or for some Discovery, or
other Business and Affairs, concerning the same, have from thence
most treacherously, either come back again and returned into our
Realm of England, by Stealth, or without Licence of our Governor
of our said Colony in Virginia for the time being, or have been
sent hither, as Misdoers and Offenders; And that many also of
i6ii/ial TfflRD CHARTER OF VIRGINIA Ij
those Persons, after their Return from thence, having been ques-
tioned by our said Council here, for such their Misbehaviors and
Offences, by their insolent and contemptuous Carriage in the
Presence of our said Council, have shewed little Respect and
Reverence, either to the Place, or Authority, in which we have
placed and appointed them; And others, for the colouring of
their Lewdness and Misdemeanors committed in Virginia, have
endeavoured, by most vile and slanderous Reports, made and
divulged, as well of the Country of Virginia, as also of the Gov-
ernment and Estate of the said Plantation and Colony, as much as
in them lay, to bring the said Voyage and Plantation into Dis-
grace and Contempt; By Means whereof, not only the Adventurers
and Planters, already engaged in the said Plantation, have been
exceedingly abused and hindered, and a great Number of other
our loving and well-disposed Subjects, otherwise well-affected,
and inclined to join and adventure in so noble, christian, and
worthy an Action, have been discouraged from the same, but
also the utter Overthrow and Ruin of the said Enterprise hath
been greatly endangered, which cannot miscarry without some
Dishonour to Us and our Kingdom;
XV. Now, forasmuch as it apjjeareth unto us, that these Inso-
lences, Misdemeanors, and Abuses, not to be tolerated in any
civil Government, have, for the most part, grown and proceeded,
in regard our said Council have not any direct Power and Au-
thority, by any express Words in our former Letters Patents, to
correct and chastise such Offenders; We therefore, for more
speedy Reformation of so great and enormous Abuses and Mis-
demeanors, heretofore practised and committed, and for the pre-
venting of the like hereafter, do . . . give and grant to the said
Treasurer and Company, and their Successors for ever, that it
shall and may be lawful for our said Council for the said first
Colony in Virginia, or any two of them (whereof the said
Treasurer, or* his Deputy . . . , to be always one) by Warrant
under their Hands, to send for, or to cause to be apprehended,
all and every such Person and Persons, who shall be noted, or
accused, or found, at any time or times hereafter, to offend, or
misbehave themselves, in any the Offences before mentioned and
expressed; And upon the Examination of any such Offender or
Offenders, and just Proof made by Oath, taken before the said
l8 THIRD CHARTER OF VIRGINIA [March 12/22
Council, of any such notorious Misdemeanors by them committed,
as aforesaid ; And also U[x>n any insolent, and contemptuous, or
indecent Carriage and Misbehaviour, to or against our said Coun-
cil, shewed or used by any such Person or Persons, so called,
convented, and appearing before them, as aforesaid; That in all
such Cases, they, our said Council, or any two of them, for the
time being, shall and may have fuU Power and Authority, either
here to bind them over with good Sureties for their good Be-
haviour, and further therein to proceed, to all Intents and Pur-
poses, as it is used, in other like Cases, within our Realm of
England; Or else, at theu* Discretions, to remand and send back,
the said Offenders, or any of them, unto the said Colony in Vir-
ginia, there to be proceeded against and punished, as the Gov-
ernor, Deputy, or Council there . . . shall think meet; or other-
wise, according to such Laws and Ordinances, as are and shall
be in Use there, for the Well-ordering and good Government of
the said Colony.
XVI. And for the more effectual Advancing of the said Plan-
tation, we do further . . . Give and Grant, unto the said Treas-
urer and Company, full Power and Authority, free Leave, Liberty,
and Licence, to set forth, erect, and publish, one or more Lottery
or Lotteries, to have Continuance ... for the Space of our [one]
whole Year, next after the Opening of the same; And after the
End and Expiration of the said Term, the said Lottery or Lotteries
to continue and be further kept, during our Will and Pleasure only,
and not otherwise. . . .
XVII. And our further Will and Pleasure is, that the said
Lottery and Lotteries shall and may be opened and held, within
our City of London, or in any other City or Town, or else-
where, within this our Realm of England, with such Prizes,
Articles, Conditions, and Limitations, as to them, the said
Treasurer and Company, in their Discretions, shall seem con-
venient :
T* ^h ^F ^h ^h ^h ^h ^h
XX. And further, our Will and Pleasure is, that in all Ques-
tions and Doubts, that shall arise, upon any Difficulty of Con-
struction or Interpretation of any Thing, contained in these, or
any other our former Letters-patents, the same shall be taken and
interpreted, in most ample and beneficial Manner for the said
i6ii/ia] MAYFLOWER COMPACT 1 9
Treasurer and Company, and their Successors, and every Mem-
ber thereof.
XXI. AxD lastly, we do, by these Presents, ratify and con-
firm unto the said Treasurer and Company, and their Successors,
for ever, all and all Manner of Privileges, Franchises, Liberties,
Immunities, Preheminences, Profits, and Commodities, whatso-
e\tr, granted unto them in any our former Letters-patents, and
not in these Presents revoked, altered, changed, or abridged.
No. 4. Mayflower Compact
November zx/az» z6ao >
The Mayflower Compact, drawn up on shipboard, was intended not only
as a basis for the government of the colony in the absence of a patent, but
also, according to Bradford, as an offset to the "discontented and mutinous
speeches " of some of the company, to the effect that when they landed " they
voiild use their own liberty; for none had power to command them, the
p>3tent they had being for Virginia, and not for New England, which belonged
to another government, with which the Virginia Company had nothing to do."
Refkbences. — Text in Bradford's i/wtory of Plymouth Plantation^ Mass.
Hist. Coll., Fourth Scries, III., 89, 90. Bradford does not give a list of
signers. On the early history of the Plymouth Colony, see Mourt*s Relation
(Dexter'sed., 1865); Morton* s New England Memorial; Young's Chronicles
of the Pilgrim Fathers^ 1602-1625; Arbcr's Story of the Pilgrim Fathers.
The laws of the colony, 1623-1682, are in the Plymouth Colony Records^ XI.
In the name of God, Amen. We whose names are underwritten,
the loyall subjects of our dread soveraigne Lord, King James,
. . . haveing undertaken, for the glorie of God, and advance-
mente of the Christian faith, and honour of our king & countrie,
a vo\-age to plant the first colonie in the Northeme parts of Vir-
ginia, doe by these presents solemnly & mutualy in the presence
of God, and one of another, covenant & combine our selves to-
geather into a ci\ill body politick, for our better ordering & pres-
er\'ation & furtherance of the ends aforesaid; and by vertue
hearof to enacte, constitute, and frame such just & equall lawes,
ordinances, acts, constitutions, & offices, from time to time, as
shaU be thought most meete & convenient for the generall good
of the Colonie, imto which we promise all due submission and
obedience. . . .
20 ORDINANCE FOR VIRGINIA July 24/ August 3
No. 5. Ordinance for Virginia
July 24/ August 3, z6az
The first assembly in Virginia, and the first representative assembly in
America, was convened July 30/ Aug. 9, 1619, by Governor Yeardley, under
authority of a commission executed by the Virginia Company in November,
1618; and the ordinance of 1621, probably of similar tenor, granted to the
colony for the future the same form of government. The model here outlined
was closely followed by the later English colonies.
References. — Text in Stith*s History of Virginia (Sabin's ed., 1865),
Appendix IV. The records of the assembly of 1619 are in Hening's Staiutes
at Largff I. The "Orders and Constitutions" of 1619-1620 are in Force's
Tracts f III. See also W. W. Henry's First Legislative Assembly in America^
in Report of Amer. Hist. Assoc., 1893, PP- 3oi""3i6; Brown's First Republic
in America, 308-324.
An Ordinance and Constitution of the Treasurer , Council, and
Company in England, for a Council of Stale and General
Assembly,
I. To all People, to whom these Presents shaU come, be seen,
or heard. The Treasurer, Council, and Company of Adventurers
and Planters for the'^tity of London for the first Colony of Vir-
giniay send Greeting. Know ye, that we . . . have thought
fit to make our Entrance, by ordering and establishing such
Supreme Councils, as may not only be assisting lo the Governor
for the time being, in the Administration of Justice, and the
Executing of other Duties to this Office belonging, but also, by
their vigilant Care and Prudence, may provide, as well for a
Remedy of all Inconveniences, growing from time to time, as
also for the advancing of Increase, Strength, Stability, and Pros-
perity of the said Colony':
II. We therefore ... by Authority directed to us from his
Majesty under the Great Seal, upon Mature Deliberation, do
hereby order and declare, that, from hence forward, there shall
be Two Supreme Councils in VirginiOj for the better Govern-
ment of the said Colony aforesaid.
III. The one of which Councils, to be called The Counch.
of State (and whose Office shall chiefly be assisting, with their
i6ail ORDINANCE FOR VIRGINIA 21
Care, Advice, and Cirounspection, to the said Governor) shall
be chosen, nominated, placed, and displaced, from time to time,
by Us, the said Treasurer, Council, and Company, and our Suc-
cessors: Which Council of State shall consist, for the present,
only of these persons, as are here inserted, inz. Sir Francis WycU,
Governor of Virginia, Captain Francis West, Sir George Yeardley,
Knight, Sir William Neuce, Knight Marshal of Virginia, Mr.
George Sandys, Treasurer, Mr. George Thorpe, Deputy of the
College, Captain Thomas Neuce, Deputy for the Company, Mr.
Pawlety Mr. Leech, Captain Nathaniel Powel, Mr. Christopher
Davison, Secretary, Dr. Pots, Physician to the Company, Mr.
Roger Smith, Mr^ John Berkeley, Mr. John Rolfe, Mr. Ralph
Hamer, Mr. John Pountis, Mr. Michael Lapworth, Mr. Harwood,
Mr. Samuel Macock, Which said Counsellors and Council we
earnestly pray and desire, and in his Majesty's Name strictly
charge and command, that (all Factions, Partialities, and sinister
Respect laid aside (they bend their Care and Endeavours to assist
the said Groyemor; first and principally, in the Advancement of
the Honour and Service of God> and the Enlargement of his
Kingdom amongst the Heathen People; and next, in erecting
of the said Colony in due Obedience to his Majesty, and all lawful
Authority from his Majesty's Directions; and lastly, in maintain-
ing the said People in Justice and Christian Conversation amongst
themselves, and in Strength and Ability to withstand their Enemies.
And this Council, to be always, or for the most Part, residing
about or near the Governor.
IV. The other Council, more generally to be called by the
Governor, once Yearly, and no oftener, but for very extraordinary
and important Occasions, shall consist, for the present, of the
said Council of State, and of two Burgesses out of every Town,
Hundred, or other particular Plantation, to be respectively chosen
bv the Inhabitants: Which Council shall be called The General
Assembly, wherein (as also in the said Council of State) all Mat-
ters shall be decided, determined, and ordered, by the greater
Part of the Voices then present; reserving to the Governor always
a Negative Voice. And this General Assembly shall have free
Power to treat, consult, and ccnclude, as well -of all emergent
Occasions concerning the Publick Weal of the said Colony and
rvrrv Part thereof, as also to make, ordain, and enact such gen-
22 FIRST CHARTER OF MASSACHUSETTS [March 4/14
eral Laws and Orders, for the Behoof of the said Colony, and the
good Government thereof; as shall, from time to time, appear
necessary or requisite;
V. Whereas in all other Things, we require the said General
Assembly, as also the said Council of State, to imitate and follow
the Policy of the Form of Government, Laws, Customs, and Man-
ner of Trial, and other Administration of Justice, used in the
Realm of England^ as near as may be, even as ourselves, by his
Majesty's Letters Patent are required.
VI. Provided, that no Law or Ordinance, made in the said
General Assembly, shall be or continue in Force or Validity,
unless the same shall be solemnly ratified and confirmed, in a
General Quarter Court of the said Company here in England^
and so ratified, be returned to them under our Seal ; It being our
Intent to afford the like Measure also unto the said Colony, that
after the Government of the said Colony shall once have been
well framed, and settled accordingly . . . and the same shall
have been so by us declared, no Orders of Court afterwards shall
bind the said Colony, unless they be ratified in like Manner in
the General Assemblies.
♦ ♦♦♦♦♦#♦
No. 6. First Charter of Massachusetts
March 4/14, 1628/9
The attempt of the Dorchester Adventurers to establish a colony on Cape
Ann, in 1623, as a base for fishing operations, failed; but there were a few
scattered settlements in the region of Massachusetts Bay when, March 19/29,
1627/8, a grant for a land and trading company was obtained from the Coun-
cil for New England. The patent was confirmed, with the addition of powers
of government, by the royal charter of March 4/14, 1628/9. A local govern-
ment, known as "London's Plantation in Massachusetts Bay in New Eng-
land," was established at Salem, under the direction of John Endicott. In
1630 the charter and government of the colony were transferred to America,
and the local government under Endicott was discontinued. The charter re-
mained in force until 1684, when it was annulled by writ of scire facias.
References. — Text in Records 0/ the Governor and Company of the
Massachusetts Bay in New England^ I., 3-19. The grant of 1627/8 is re-
cited in the charter. Important contemporary documents and accounts arc
1628/9I FIRST CHARTER OF MASSACHUSETTS 23
collected in Young's Chronicles of Massachusetts. See ^so Winthrop's His-
Uiry of Neruf England (Savage's cd.), !•; Winthrop's Life and Letters of John
Winihrop, II.; Sainsbur>''s Calendar of State Papers^ Colonial, I.
[The charter begins with a recital of the patent of 1620 to the
Council for New England, and the subsequent grant by the Coun-
cil, in March, 1627/8, to Sir Henry Rosewell and others, which
last-mentioned grant is by this present charter confirmed, and
continues :]
And further knowe yee. That . . . Wee ... by theis presents
doe . . . give and graunt unto the said Sir Henry Rosewell, Sir
John Younge, Sir Richard Saltonstall, Thomas Southcott, John
Humfrey, John Endecott, Symon Whetcorabe, Isaack Johnson,
Samuell Aldersey, John Ven, Mathewe Cradock, George Har-
wood, Increase Nowell, Richard Per)% Richard Bellingham,
Nathaniel Wright, Samuell Vassall, Theophilus Eaton, Thomas
Goffe, Thomas Adams, John Browne, Samuell Browne, Thomas
Hutchins, William Vassall, William Pinchion, and George Fox-
crofte, theire heires and assignes. All that parte of Newe England
in America which lyes and extendes betweene a great river there
commonlie called Monomack river, alias Merrimack river, and
a certen other river there called Charles river, being in the bot-
tome of a certen bay there commonlie called Massachusetts, alias
Mattachusetts, alias Massatusetts bay: And also all and singuler
those landes and hereditaments whatsoever, lyeing within the
space of three Englishe myles on the south parte of the saide
river called Charles river, or of any or every parte thereof: And
also all and singuler the landes and hereditaments . . . lyeing
and being within the space of three Englishe myles to the south-
ward of the southemrhost parte of the said baye called Massa-
chusetts . . . : And also all those landes and hereditaments
. . . which lye and be within the space of three English myles
to the northward of the saide river called Monomack, alias Merry-
mack, or to the northward of any and every parte thereof, and
all landes and hereditaments . . . lyeing within the lymitts
aforesaide, north and south, in latitude and bredth, and in length
and longitude, of and within all the bredth aforesaide, throughout
the mayne landes there from the Atlantick and westeme sea and
ocean on the east parte, to the south sea on the west parte : . . .
24 FIRST CHARTER OF MASSACHUSETTS [March 4/14
and also all islandes in America aforesaide, in the saide seas, or
either of them, on the westeme or easteme coastes, or partes oi
the said tracts of landes hereby mentioned to be given and graunted
, . . , and free libertie of fishing in or within any the rivers or
waters within the boundes and lymytts aforesaid, and the seas
thereunto adjoining: . . . [To be held in free and common
socage, and paying one fifth part of all gold and silver ores.]
And . . . wee will and ordeyne, That the saide Sir Henry Rose-
well . . . [and others] . . . , and all such others as shall here-
after be admitted and made free of the Company and Society
hereafter mentioned, shall . . . be . . . one body corporate and
politique in fact and name, by the name of the Governor and
Company of the Mattachusetts Bay in Newe England . . .
And wee doe hereby . . . graunte. That . . . there shalbe one
Governor, one Deputy Governor, and eighteene Assistants . . . ,
to be from tyme to tyme . . . chosen out of the freemen of the
saide Company, for the tyme being, in such manner and forme
as hereafter in theis presents is expressed. Which said ofl&cers
shall applie themselves to take care for the best disposeing and
ordering of the generall buysines and affaires of . . . the saide
landes and premisses . . . , and the plantacion thereof, and the
government of the people there. And . . . wee doe . . . nomi-
nate ... the saide Mathewe Cradocke to be the first and present
Governor of the said Company, and the saide Thomas Goffe to
be Deputy Governor . . . , and the said Sir Richard Saltonstall,
Isaack Johnson, Samuell Aldersey, John Ven, John Humfrey,
John Endecott, Simon Whetcombe, Increase Noell, Richard Pery,
Nathaniell Wright, Samuell Vassall, Theophilus Eaton, Thomas
Adams, Thomas Hutchins, John Browne, George Foxcrofte,
William Vassall, and William Pinchion to be the present Assistants
. . . , to continue in the saide severall offices respectivelie for such
tyme and in such manner as in and by theis presents is hereafter
declared and appointed. [The Governor or Deputy Governor
may give order for the assembling of the Company.] And that
the said Governor, Deputie Governor, and Assistants . . . shall
or maie once every moneth, or oftener at their pleasures, assem-
ble, and houlde, and keepe a Courte or Assemblie of themselves,
for the better ordering and directing of their affaires. [Seven or
more Assistants, with the Governor or Deputy Governor, to be a
ibAfi\ FIRST CHARTER OF MASSACHUSETTS 25
aiffidcnt Court.] and that there shall or maie be held . . . ,
upon every last Wednesday in Hillar>', Easter, Trinity, and Michas
tcrmes respectivelie for ever, one greate, generall, and solempe
Assemblie, which foure Generall Assemblies shalbe stiled and
called the Foure Greate and Generall Courts of the saide Com-
pany : In all and every or any of which saide Greate and Generall
Courts soe assembled, Wee DOE . . . graunte . . . That the Gov-
cnior, or, in his absence, the Deputie Governor . . . and such
of the Assistants and freemen . . . as shalbe present, or the greater
nomber of them soe assembled, whereof the Governor or Deputie
Governor and six of the Assistants, at the least to be seaven,
shall have full power and authoritie to choose, nominate, and
appointe such and soe many others as they shall thinke fitt, and
that shall be willing to accept the same, to be free of the said
Company and Body, and them into the same to admitt, and to
elect and constitute such officers as they shall thinke fitt and
requisite for the ordering, mannaging, and dispatching of the
affaires of the saide Governor and Company. . . . And wee
doc . . . ordeyne. That yearely once in the yeare for ever here-
after, namely, the last Wednesday in Easter tearme yearely, the
Governor, Deputy Governor, and Assistants . . . , and all other
officers of the saide Company, shalbe, in the Generall Court or
Assembly to be held for that day or tyme, newly chosen for the
yeare ensueing by such greater parte of the said Company for the
tyme being, then and there present, as is aforesaide. ... And
wee doe . . . graunt . . . , That it shall ... be lawfuU to and for
the Governor or Deputie Governor and such of the Assistants and
Freemen of the said Company ... as shalbe assembled in any of
their Generall Courts aforesaide, or in any other Courtes to be
sp>ecially summoned and assembled for that purpose, or the greater
parte of them, (whereof the Governor or Deputie Governor and
six of the Assistants, to be alwaies seaven), from tyme to tyme to
make, ordeine, and establishe all manner of wholesome and rea-
sonable orders, lawes, statutes, and ordinances, directions, and in-
structions not contrarie to the lawes of this our realme of England,
aswell for setling of the formes and ceremonies of government
and magistracy fitt and necessary for the said plantation and the
inhabitants there, and for nameing and stiling of all sortes of
officers, both superior and inferior, which they shall finde neede-
26 CHARTER OF PRIVILEGES TO PATROONS [June 7/17
full for that governement and plantation, and the distinguishing
and setting forth of the severall duties, px)wers, and lymytts of
every such office and place, and the formes of such oathes war-
rantable by the lawes and statutes of this our realme of England
as shalbe respectivelie ministred unto them, for the execution of
the said severall offices and places, as also for the disposing and
ordering of the elections of such of the said officers as shalbe
annuall, and of such others as shalbe to succeede in case of death
or removeall, and ministring the said oathes to the newe elected
officers, and for impositions of lawfull fynes, mulcts, imprison-
ment, or other lawfull correction, according to the course of other
corporations in this our realme of England, and for the directing,
ruling, and disposeing of all other matters and thinges whereby
our said people, inhabitants there, maie be soe religiously, peace-
ablie, and civilly governed, as their good life and orderlie con-
versation maie wynn and incite the natives of [that] country to
the knowledg and obedience of the onlie true God and Savior of
mankinde, and the Christian fayth, which, in our royall intention
and the adventurers free profession, is the principall ende of this
plantation. . . . Provided also . . . , That theis presents shall
not in any manner enure, or be taken to abridge, barr, or hinder
any of our loving subjects whatsoever to use and exercise the
trade of fishing upon that coast of New England in America by
theis presents mentioned to be graunted. . . .
No. 7. Charter of Privileges to Patroons
June 7/17, 1629
The government of the Dutch West India Company, chartered in 1621,
was vested in five chambers, or boards, established in as many Dutch cities,
with a board of nineteen for the exercise of general executive powers. Of the
chambers, that of Amsterdam was the most important. The region known
as New Netherland was not named in the charter, but was included within the
jurisdiction of the Company. On the final organization of the Company
under the charter, in 1623, New Netherland was made a province, and placed
under the immediate control of the Amsterdam chamber. The continued
unprofitableness, however, of the trade of New Netherland, except the fui
trade, led to a change of policy; and the Charter of Privileges to patroons,
drafted in March, 1628, but not adopted by the board of nineteen until June,
1629I CHARTER OF PRIVILEGES TO PATROONS 27
!639, was intended to encourage private individuals to establish settlements
at \-arious points on the Hudson and Delaware, or North and South, rivers.
Numerous grievances, occasioned by friction between the patroons and the
Company, were partially allayed by a new charter in 1640, restricting the area
of the grants, and encouraging independent settlement; but the feudal privi-
leges of the patroons were not interfered with. " Many of the old patroon
estates long remained undivided, and the heirs of the founders claimed some
semi-feudal privileges well into the nineteenth century."
References. — Text in Documents relative to the Colonial History of the
State cf New York, II., 553-557. On the Dutch West India Company, see
O'Callaghan's History of New Netherland; the charter of 1621 is in Hazard's
Historical Collections, I., 121- 131.
FREEDOMS AND EXEMPTIONS
Granted by the Board of the Nineteen of the Incorpo-
rated West India Company, to all Patroons, Masters
or Private Persons who will plant Colonies in New
Netherland
* * i^ * * * * Wt
III. All such shall be acknowledged Patroons of New Nether-
land who shall, within the space of four years next after they
have gjiven notice to any of the Chambers of the Company here,
or to the Commander or Council there, undertake to plant a Colo-
nic there of fifty souls, upwards of fifteen years old; one-fourth
part within one year, and within three years after the sending of
the first, making together four years, the remainder, to the full
number of fifty persons . . . ; but it is to be observed that the
Company reserve the Island of the Manhattes to themselves.
V. The Patroons, by yirtue of their power, shall and may be
permitted, at such places as they shall settle their Colonies, to
extend their limits four leagues along the shore, that is, on one
side of a navigable river, or two leagues on each side of a river,
and so far into the country as the situation of the occupiers will
f)ennit; provided and conditioned that the Company keep to
themselves the lands lying and remaining between the limits of
Colonies, to dispose thereof, when and at such time as they shall
think proper, in such manner that no person shall be allowed to
come within seven or eight leagues of them without their consent,
unless the situation of the land thereabout be such that the Com-
28 CHARTER OF PRIVILEGES TO PATROONS [June 7/i>
mander and Council, for geod reasons, should order otherwise
. . . ; the command of each bay, river or island, of the first settled
Colonic, remaining, moreover, under the supreme jurisdiction of
their High Mightinesses the States-General and the Company. . . .
VI. They shall forever possess and enjoy all the lands lying
within the aforesaid limits, together with the fruits, rights, min-
erals, rivers and fountains thereof; as also the chief command
and lower jurisdictions, fishing, fowling and grinding, to the ex-
clusion of all others, to be holden from the Company as a per-
petual inheritance, without it ever devolving again to the Company,
and in case it should devolve, to be redeemed and repossessed
with twenty guilders per Colonie, to be paid to this Company, at
the Chamber here or to their Commander there, within a year and
six weeks after the same occurs, each at the Chamber where he
originally sailed from; and further, no person or persons whatso-
ever shall be privileged to fish and hunt but the Patroons and such
as they shall permit. And in case any one should in time prosper
so much as to found one or more cities, he shall have power and
authority to establish officers and magistrates there, and to make
use of the title of his Colonie, according to his pleasure and to
the quality of the persons.
X. The Patroons and colonists shall be privileged to send their
people and effects thither, in ships belonging to the Company,
provided they take the oath, and pay to the Company for bring-
ing over the people, as mentioned in the first article and for
freight of the goods, five per cent, ready money, to be reckoned
on the prime cost of the goods here, in which is, however, not
to be included such cattle and implements as are necessary for
the cultivation and improvement of the lands, which the Com-
pany are to carry over without any reward, if there is room in
their ships. . . .
♦ ♦♦♦♦♦♦♦
XII. Inasmuch as it is intended to people the Island of the
Manhattes first, all fruits and wares that are produced on the lands
situate on the North river, and lying thereabout, shall, for the
present, be brought there before being sent elsewhere, excepting
such as are, from their nature, unnecessary there, or such as can-
not, without great loss to the owner thereof, be brought there, in
ite9l CHARTER OF PRIVILEGES TO PATROONS 2g
which case the owners thereof shall be obliged to give timel]^
notice in writing of the difficulty attending the same to the Com-
pany here, or the Commander and Council there, that the same
my be remedied as the necessity thereof shall be found to re-
quire.
XIII. All the Patroons of Colonies in New Netherlands and
of Colonies on the Island of Manhattes, shall be at liberty to sail
and trafhc all along the coast, from Florida to Terra Neuf, pro-
vided that they do again return with all such goods as they shall
get in trade to the Island of Manhattes, and pay five per cent
duty to the Company, in order, if possible, that, after the neces-
sary inventory of the goods shipped be taken, the same may be
sent hither. And if it should so happen that they could not
return, by contrary streams or otherwise, they shall, in such case,
not be permitted to bring such goods to any other place but to
these dominions, in order that, under the inspection of the Di-
rectors of the place where they may arrive, they may be unladen,
an inventory thereof made, and the aforesaid duty of five per
cent paid to the Company here, on pain, if they do the contrary,
of the forfeiture of their goods so trafficked for, or the real value
thereof.
XV- It shall be also free for the aforesaid Patroons to traffic
and trade all along the coast of New Netherland and places cir-
cumjacent, with such goods as are consumed there, and receive
in return for them all sorts of merchandise that may be had there,
except beavers, otters, minks, and all sorts of peltry, which trade
the Company reserve to themselves. But the same shall be per-
mitted at such places where the Company have no factories, con-
ditioned that such traders shall be obliged to bring all the peltry
they can procure to the Island of Manhattes, in case it may be,
at any rate, practicable, and there deliver to the Director, to be
by him shipped hither with the ships and goods; or, if they
should come here without going there, then to give notice thereof
to the Company, that a proper account thereof may be taken, in
order that they may pay to the Company one guilder for each
merchantable beaver and otter skin; the property, risk and all
other charges remaining on account of the Patroons or owners.
XVI. All coarse wares that the Colonists of the Patroons there
30 CHARTER OF PRIVILEGES TO PATROONS [June 7/17
shall consume, such as pitch, tar, weed-ashes, wood, grain, fish,
salt, hearthstone and such like things shall be conveyed in the
Company's ships, at the rate of eighteen guilders per last. . . .
XVII. f'or all wares which are not mentioned in the foregoing
article, and which are not carried by the last, there shall be paid
one dollar for each hundred pounds weight; and for wines,
brandies, verjuice and vinegar, there shall be paid eighteen
guilders per cask.
XVIII. The Company promises the colonists of the Patroons
that they shall be free from customs, taxes, excise, imposts or
any other contributions for the space of ten years; and after the
expiration of the said ten years, at the highest, such customs as
the goods pay here for the present.
XXIII. WTiosoever, whether colonists of Patroons for their
Patroons, or free persons for themselves, or others for their mas-
ters, shall discover any shores, bays or other fit places for erecting
fisheries, or the making of salt ponds, they may take possession
thereof, and begin to work on them as their own absolute prop-
erty, to the exclusion of all others. And it is consented to that
the Patroons of colonists may send ships along the coast of New
Netherland, on the cod fishery, and with the fish they catch,
trade to Italy or other neutral countries, paying in such cases to
the Company a duty of six guilders per last; and if they should
come with their lading hither, they shall be at liberty to proceed
to Italy, though they shall not, under pretext of this consent, or
leave froni the Company, carry any goods there, on pain of arbi-
trary punishment. . . .
XXIV. In case any of the colonists should, by his industr>' and
diligence, discover any minerals, precious stones, crystals, mar-
bles or such like, or any pearl fishery, the same shall be and
remain the property of the Patroon or Patroons of such Colonie,
giving and ordering the discoverer such premium as the Patroon
shall beforehand have stipulated with such colonist by contract.
And the Patroons shall be exempt from the payment of duty to
the Company for the term of eight years, and pay only for freight,
to bring them over, two per cent, and after the expiration of the
aforesaid eight years, for duty and freight, the one-eighth part of
what the same may be worth.
i629l CHARTER OF MARYLAND 3 1
XXVII. The Patroons and colonists shall in particular, and in
the speediest manner, endeavor to find out ways and means
whereby they may support a Minister and Schoolmaster, that thus
the service of God and zeal for religion may not grow cool and
be neglected among them, and they shall, for the first, procure
a Comforter of the sick there.
XXIX. The Colonists shall not be permitted to make any
woolen, linen or cotton cloth, nor weave any other stuffs there,
on pain of being banished, and as perjurers, to be arbitrarily
punished.
XXX. The Company will use their endeavors to supply the
colonists with as many Blacks as they conveniently can, on the
conditions hereafter to be made, in such manner, however, that
they shall not be bound to do it for a longer time than they shall
think proper.
XXXI. The Company promise to finish the fort on the Island
of the Manhattes, and to put it in a posture of defence without
delay.
No. 8. Charter of Maryland
June ao/30, 163a
GcioiKGE Calvert, first Lord Baltimore, had been a member of the Vir-
^ia Company, and, as one of the two principal secretaries of state, was a
member of the Committee of the Council for Plantation Affairs. In 1620 he
purchased a tract of land in Newfoundland, for which, under the name of
Avalon, he obtained from James I., in 1623, a patent as proprietor. He vis-
ited his province in 1627, with the intention of« remaining; but the advantages
of the region had been exaggerated, and the climate was such as to discourage
colonization. In 1629 he went to Virginia, but was obliged to leave on his
refusal, as a Catholic, to take the oaths of allegiance and supremacy. Re-
turning to England, he obtained from Charles I. a grant of land north of the
Potomac. Baltimore died shortly l)eforc the patent passed the seals, and the
charter was issued to his son, Cecil, second Lord Baltimore, June 20/30, 1632.
The region granted to Baltimore had been included in the Virginia grant of
1609; but the revocation of the third charter in 1624 had left Virginia a royal
province, with its unsettled portions subject to allotment at the pleasure of the
king. Former members of the Virginia Company protested against the g^rant ;
32 CHARTER OF MARYLAND []\me 20/30
but the protest was ineffectual, and Virginia was directed to befriend the new
colony.
References. — Text, Latin and English, in Bacon's Laws of Maryland,
The early legislation of the colony may be followed in Bacon, and in Mary-
land Archives, I. See also Sainsbury's Calendar ofSkUe Papers, Colonial, I.
CHARLES . . . [&c.] . . .
II. Whereas our well beloved and right trusty Subject CJE-
CILIUS CALVERT, Baron of BALTIMORE, in our Kingdom
of Ireland, Son and Heir of George Calvert, Knight, late Baron
of Baltimore, in our said Kingdom of Ireland, treading in the
Steps of his Father, being animated with a laudable, and pious
Zeal for extending the Christian Religion, and also the Territories
of our Empire, hath humbly besought Leave of Us, that he may
transport, by his own Industry, and Expence, a numerous Colony
of the English Nation, to a certain Region, herein after described,
in a Country hitherto uncultivated, in the Parts of America, Sind
partly occupied by Savages, having no Knowledge of the Divine
Being, and that all that Region, with some certain Privileges,
and Jurisdictions, appertaining unto the wholesome Govern-
ment, and State of his Colony and Region aforesaid, may by our
Royal Highness be given, granted, and confirmed unto him, and
his Heirs.
III. Know ye therefore, that WE ... by this our present
CHARTER ... do Give, Grai^, and Confirm, unto the afore-
said C^CILIUS, now Baron of BALTIMORE, his Heirs, and
Assigns, all that Part of the Peninsula, or Chersonese, lying in the
Parts of America, between the Ocean on the East, and the Bay of
Chesopeake on the West, divided from the Residue thereof by a
Right Line drawn from the Promontory, or Head-Land, called
Walkings Point, situate upon the Bay aforesaid, near the River of
Wighco, on the West, unto the Main Ocean on the East ; and be-
tween that Boundary on the South, unto that Part of the Bay of
Delaware on the North, which lyeth under the Fortieth Degree of
North Latitude from the -Equinoctial, where New-England is
terminated. And all the Tract of that Land within the Metes
underwritten [thai is to say) passing from the said Bay, called
Delaware Bay, in a right Line, by the Degree aforesaid, unto
the true Meridian of the first Fountain of the River of PaUow-
mack, thence verging towards the South, unto the further Bank
r632] CHARTER OF MARYLAND 33
of die said River, and following the same on the West and South,
onto a certain Place called Cinquack, situate near the Mouth of
tbe said River, where it disembogues into the aforesaid Bay of
Ckaopeake, and thence by the shortest Line imto the aforesaid
Promontory, or Place, called Walkings Point; so that the whole
Tract of Land, divided by the Line aforesaid, between the Main
Ocean, and Walkings Pointy unto the Promontory called Cape-
Charles, and every the Appendages thereof, may entirely remain
excepted for ever to US, our Heirs, and Successors.
IV. Also We do Grant . . . unto the said Baron of BALTI-
MORE ... all Islands and Islets within the Limits aforesaid,
all and singular the Islands and Islets, from the Eastern Shore
cf the aforesaid Region, towards the East, which have been, or
shall be formed in the Sea, situate within Ten marine Leagues
from the said Shore; . . . And further more the Patronages,
and Advowsons of all Churches which (with the increasing Wor-
ship and Reh'gion of CHRIST) within the said Region . . . ,
heneafter shall happen to be built, together with Licence and
Faculty of erecting and founding Churches, Chapels, and Places
of Worship, in convenient and suitable Places, within the Premises,
and of causing the same to be dedicated and consecrated accord-
ing to the Ecclesiastical Laws of our Kingdom of England, with
all, and singular such, and as ample Rights, Jurisdictions, Privi-
leges, Prerogatives, Royalties, Liberties, Immunities, and royal
Rights, and temporal Franchises whatsoever, as well by Sea as
by Land, within the Region . . . aforesaid, to be had, exercised,
used, and enjoyed, as any Bishop of Durham, within the Bishop-
rick or County Palatine of Durham, in our Kingdom of England,
ever heretofore hath had, held, used, or enjoyed, or of Right
could, or ought to have, hold, use, or enjoy.
V. And WE do by these Presents . . . make, create and con-
stitute Him, the now Baron of BALTIMORE, and his Heirs,
the True and absolute Lords and Proprietaries of the Region
aforesaid, and of all other the Premises (except the before ex-
cepted) sa\'ing always the Faith and Allegiance and Sovereign
Dominion due to US ... ; TO HOLD of US ... as of our
Castle of Windsor, in our County of Berks, in free and common
Soccage, by Fealty only for all Services, and not in capite, nor
by Knight's Service, YIELDING therefore unto US . . . two
34 CHARTER OF MARYLAND [June 20/30
Indian Arrows of those Parts, to be delivered at the said Castle
of Windsor^ every Year, on Tuesday in Easter- Week: And also
the fifth Part of all Gold and Silver Ore, which shall happen
from Time to Time, to be found within the aforesaid limits,
VI. Now, That the aforesaid Region, thus by us granted and
described, may be eminently distinguished above all other Re-
gions of that Territory, and decorated with more ample Titles,
KNOW YE, that . . . WE do . . . erect and incorporate
the same into a PROVINCE, and nominate the same MARY-
LAND. ...
VII. And forasmuch as WE have above made and ordained
the aforesaid now Baron of BALTIMORE, the true Lord and
Proprietary of the whole Province aforesaid, . . . WE ... do
grant unto the said now Baron . . . and to his Heirs, for the
good and happy Government of the said province, free, full,
and absolute Power, by the tenor of these Presents, to Ordain,
Make, and Enact LAW^S, of what kind soever, according to their
sound Discretions, whether relating to the Public State of the
said province, or the private Utility of Individuals, of and with
the Advice, Assent, and Approbation of the Free-Men of the same
province, or of the greater Part of them, or of their Delegates or
Deputies, whom WE will shall be called together for the framing
of LAW'S, when, and as often as Need shall require, by the afore-
said now Baron of BALTIMORE . . . , and in the Form which
shall seem best to him or them, and the Siime to publish under
the Seal of the aforesaid now Baron of BALTIMORE . . . and
duly to execute the same upon all Persons, for the Time being,
within the aforesaid province, and the Limits thereof, or under
his or their Government and Power, in Sailing towards MARY-
LAND, or thence Returning, Outward-bound, either to Eng-
land, or elsewhere, whether to any other Part of Our, or of any
foreign Dominions, wheresoever established, by the Imposition
of Fines, Imprisonment, and other Punishment whatsoever; even
if it be necessary, and the Quality of the Offence require it, by
Privation of Member, or Life ... So Nevertheless, that the
Laws aforesaid be consonant to Reason and be not repugnant or
contrary, but (so far as conveniently may be) agreeable to the Laws,
Statutes, Customs and Rights of this Our Kingdom of England.
1632I CHARTER OF MARYLAND 35
XVIII. Axr> FURTHERMORE . . . WE . . . do give . . .
unto the aforesaid now Baron of BALTIMORE . . . full and
absolute Licence, Power, and Authority . . . [to] assign, alien,
grant, demise, or enfeoff so many, such, and proportionate Parts
and Parcels of the Premises, to any Person or Persons willing to
purchase the same, as they shall think convenient, to have and to
hold ... in Fee-simple, or Fee-tail, or for Term of Life, Lives,
or Years; to hold of the aforesaid now^ Baron of BALTIMORE
... by . . . such . •. . Services, Customs and Rents OF THIS
KIND, as to the same now Baron of BALTIMORE . . . shall
seem fit and agreeable, and not immediately of US. . . .
XIX. We also . . . do . . . grant Licence to the same Baron
of BALTIMORE ... to erect any Parcels of Land within the
PioviNCE aforesaid, into Manors, and in every of those Manors,
to have and to hold a Court-Baron, and all Things which to a
Court-Baron do belong; and to have and to keep View of Frank-
Pledge, for the Conservation of the Peace and better Govern-
ment of those Parts, by themselves and their Stewards, or by
the Lords, for the Time being to be deputed, of other of those
Manors when they shall be constituted, and in the same to exer-
cise all Things to the View of Frank-Pledge belonging.
* 1^ i^ nn nn Hii in i^
XXI. And furthermore WE Will . . . that the said prov-
ince, and the Freeholders or Inhabitants ... of the said Colony
or Country, shall not henceforth be held or reputed a Member or
Part of the Land of Virginia, or of any other Colony already
transported, or hereafter to be transported, or be dependent on
the same, or subordinate in any kind of Government, from which
WE do separate both the said Province, and Inhabitants thereof,
and by these Presents do WILL to be distinct, and that thev mav
be immediately subject to our Crown of England, and dependent
on the same for ever.
XXII. [The charter to be construed in favor of Baltimore]:
PROVTDED always, that no Interpretation thereof be made, whereby
GOD'S holy and true Christian Religion, or the Allegiance due
io VS . . . , n^y in any wise suffer by Change, Prejudice, or
Diminution. . • •
36 FUNDAMENTAL ORDERS OF CONNECTICUT [Jan. 14/24
No. 9. Fundamental Orders of Connecticut
January 14/24, 1638/9
The region of the Connecticut valley, originally included within the grant
of 1620 to the Council for New England, became the subject of rival claims
on the part of New Netherlands Massachusetts, and Plymouth. A patent for
the territory west of the Narragansett River, given in March, 1631/ 2, by the
Earl of Warwick, president of the Coimcil for New England, to Lord Say
and Sele, Lord Brook, and others, remained unused until 1635, when John
Winthrop, the younger, arrived with a commission as governor, and built a
fort at Saybrook, at the mouth of the Connecticut. The Dutch had already
built a fort at Hartford, and in 1633 traders from Plymouth had established a
post at Windsor. In the meantime, Massachusetts traders had explored the
overland route from that colony, and their favorable reports encouraged the
plan, already under consideration by inhabitants of Dorchester, Watertown,
and Newtown (Cambridge), to remove to a region where greater religious and
political freedom, as well as opportunity for material betterment, could be
enjoyed. The plan of emigration, defeated in 1634, was approved by Massa-
chusetts the next year, and a commission of government was granted by the
General Court. In 1635-1636, settlements were planted at Windsor, Weth-
ersfield, and Hartford. In 1637 the three to^^-ns assumed the control of their
own affairs, and in January, 1638/9, drew up the constitution known as the
Fundamental Orders of Connecticut — " the first written constitution known
to history that created a government."
References. — Text in ConnectictU Colonial Records, I., 20-25. War-
wick's patent of 163 1, and Winthrop*s commission, are in Trumbull's His-
tory 0/ Connecticut (ed. 1797), I., 525-528.
Forasmuch as it hath pleased the Allmighty God by the wise
disposition of his divyne providence so to Order and dispose of
things that we the Inhabitants and Residents of Windsor, Harte-
ford and Wethersfield are now cohabiting and dwelling in and
uppon the River of Conectecotte and the Lands thereunto adjoyne-
ing; And well knowing where a people are gathered togather the
word of God requires that to mayntayne the peace and union of
such a people there should be an orderly and decent Goverment
established according to God, to order and dispose of the affayres
of the people at all seasons as occation shall require; doe there-
fore assotiate and conjoyne our selves to be as one Publike State
or Commonwelth ; and doe, for our selves and our Successors and
such as shall be adjoyned to us att any tyme hereafter, enter into
1638/9I FUNDAMENTAL ORDERS OF CONNECTICUT 37
Combination and Confederation togather, to mayntayne and pre-
seane the liberty and purity of the gospell of our Lord Jesus
which we now professe, as also the discipljTie of the Churches,
which according to the truth of the said gospell is now practised
amongst us; As also in our Civell Affaires to be guided and gov-
erned according to such Lawes, Rules, Orders and decrees as
shall be made, ordered & decreed, as followeth : —
I. It is Ordered . . . that there shall be yerely two generall
Assemblies or Courts, the on [one] the second thursday in Aprill,
the other the second thursday in September, following; the first
shall be called the Courte of Election, wherein shall be yerely
Chosen . . . soe many Magestrats and other publike Officers
as shall be found requisitte : Whereof one to be chosen Govemour
for the yeare ensueing and untill another be chosen, and noe
other Magestrate to be chosen for more than one yeare ; provided
allwayes there be sixe chosen besids the Govemour; which being
chosen and swome according to an Oath recorded for that pur-
pose shall have power to administer justice according to the Lawes
here established, and for want thereof according to the rule of the
word of God ; which choise shall be made by all that are admitted
freemen and have taken the Oath of Fidellity, and doe cohabitte
within this Jurisdiction, (having beene admitted Inhabitants
by the major part of the Towne wherein they live,) or the mayor
parte of such as shall be then present.
3. It is Ordered . . . that the Secretary shall not nominate
any person, nor shall any person be chosen newly into the Mages-
tracy which was not propownded in some Generall Courte before,
to be nominated the next Election ; and to that end yt shall be
lawfuU for ech of the Townes aforesaid by their deputyes to
nominate any two whom they conceave fitte to be put to Election ;
and the Courte may ad so many more as they judge requisitt.
4. It is Ordered . . . that noe person be chosen Governor
above once in two yeares, and that the Governor be alwayes
a member of some approved congregation, and formerly of the
Magestracy within this Jurisdiction; and all the Magestrats
Freemen of this Commonwelth : and that no Magestrate or other
pubhke officer shall execute any parte of his or their Office before
they arc severally swome. . . .
38 FUNDAMENTAL ORDERS OF CONNECTICUT [Jan. 14/24
5. It is Ordered . . . that to the aforesaid Courte of Election
the severall Townes shall send their deputyes, and when the
Elections are ended they may proceed in any publike searvice
as at other Courts. Also the other Generall Courte in September
shall be for makeing of lawes, and any other publike occation,
which conserns the good of the Commonwelth.
8. It is Ordered . . . that Wyndsor, Hartford and Wethers-
field shall have power, ech Towne, to send fower of their freemen
as their deputyes to every Generall Courte; and whatsoever
other Townes shall be hereafter added to this Jurisdiction, they
shall send so many deputyes as the Courte shall judge meete,
a resonable proportion to the number of Freemen that are in the
said Townes being to be attended therein; which deputyes shall
have the power of the whole Towne to give their voats and alow-
ance to all such lawes and orders as may be for the publike good,
and unto which the said Townes are to be bownd.
9. It is ordered . . . that the deputyes thus chosen shall have
power and liberty to apjw'nt a tyme and a place of meeting to-
gather before any Generall Courte to ad\ise and consult of all
such things as may conceme the good of the publike, as also to
examine their owne Elections, whether according to the order,
and if they or the gretcst parte of them find any election to be
illegall they may seclud such for present from their meeting, and
returne the same and their resons to the Courte; and if yt prove
true, the Courte may fyne the party or partyes so intruding and
the Towne, if they see cause, and give out a warrant to goe to
a newe election in a legall way, either in parte or in whole. Also
the said deputyes shall have power to fyne any that shall be dis-
orderly at their meetings, or for not comming in due tyme or place
according to appoyntment. . . .
10. It is Ordered . . . that every Generall Courte, except
such as through neglecte of the Governor and the greatest parte
of Magestrats the Freemen themselves doe call, shall consist of
the Governor, or some one chosen to moderate the Court, and
4 other Magestrats at lest, with the mayor ])arte of the deputyes
of the severall Townes legally chosen; and in case the Freemen
or mayor parte of them, through neglect or refusall of the Governor
and mayor parte of the magestrats, shall call a Courte, it shall
1638/9I FUNDAMENTAL ARTICLES OF NEW HAVEN 39
consist of the mayor parte of Freemen that are present or their
deputyes, with a Moderator chosen by them: In which said
Generall Courts shall consist the supreme power of the Common-
welth, and they only shall have power to make lawes or repeale
them, to graunt levyes, to admitt of Freemen, dispose of lands
undisposed of, to severall Townes or persons, and also shall
have power to call ether Courte or Magestrate or any other person
whatsoever into question for any misdemeanour, and may for just
causes displace or deale otherwise according to the nature of the
offence; and also may deale in any other matter that concerns
the good of this commonwelth, excepte election of Magestrats,
which shall be done by the whole boddy of Freemen.
In which Courte the Govemour or Moderator shall have power
to order the Courte to give liberty of spech, and silence unceason-
able and disorderly speakeings, to put all things to voate, and in
case the vote be equall to have the casting voice. But non of
these Courts shall be adjomed or dissolved without the consent
of the major parte of the Court.
II. It is ordered . . . that when any Generall Courte uppon
the occations of the Commonwelth have agreed uppon any summe
or sommes of mony to be levyed uppon the severall Townes within
this Jurisdiction, that a Committee be chosen to sett out and
appoynt what shall be the proportion of every Towne to pay of
the said levy, provided the Committees be made up of an equall
number out of each Towne. *
No. 10. Fundamental Articles of New Haven
June 4/14, 1639
A SETTLEMENT at New Haven was made in April, 1638, by a party of emi-
grants under the lead of John Davenport, a prominent nonconformist minister
of London, and Theophilus Eaton, a wealthy London merchant and former
deputy governor of the East India Company. Most of the party had arrived
at Boston in the summer of 1637, and were offered strong inducements to
remain in Massachusetts ; but the religious condition of that colony, just
emerging from the Hutchinsonian controversy, and a desire to found an in-
dependent state on a scriptural model, determined them to remove to Con-
necticut. For a year they lived under a "plantation covenant," apparently
40 FUNDAMENTAL ARTICLES OF NEW HAVEN [June 4/14
an ecclesiastical as well as corporate agreement, in the meantime acquiring
title to the land by deeds from the Indians. The Fundamental Articles
were agreed upon June 4/14, 1639 ; in October the first general court was
held, and the government established, with Eaton as governor.
References. — Text in New Haven Colonial Records (1638-1649), pp.
11-17.
The 4th day of the 4th moneth called June 1639, all the free
planters assembled together in a ge[neral ^] meetinge to consult
about settling civill Government according to God, and about
the nomination of persons thatt might be founde by consent of
all fittest in all respects for the foundation worke of a church
wpiich] was intend to be gathered in Quinipieck. After solemne
invocation of the name of God in prayer [for] the presence and
help of his speritt, and grace in those weighty businesses, they
were reminded of t[he] busines whereabout they mett [viz] for
the establishment of such civill order as might be most p[leas]ing
unto God, and for the chuseing the fittest men for the foundation
worke of a church to be gather[ed]. For the better inableing
them to discerne the minde of God and to agree accordingly con-
cerning the establishment of civill order, Mr. John Davenport
propounded divers quaeres to them publiquely. . . .
This being earnestly pressed by Mr. Davenport, Mr. Robt.
Newman was in treated to write in carracters and to read dis-
tinctly and audibly in the hearing of all the people whatt was
propounded and accorded on that itl might appeare thatt all con-
sented to matters propounded according to words written by him.
QUiER. I. Whether the Scripturs doe holde forth a perfect rule
for the direction and government of all men in all duetpes] which
they are to performe to God and men as well in the government
of famylyes and commonwealths as in matters of the chur.
•This was assented unto by all, no man dissenting as was ex-
pressed by holding up of hands. Afterward itt was read over to
them thatt they might see in whatt words their vote was expressed :
They againe expressed their consent thereto by holdeing up their
hands, no man dissenting.
QUiER. 2. Whereas there was a covenant solemnly made by the
whole assembly of free-planters of this plantation the first day of
extraordenary humiliation which wee had after wee came together,
' Words and letters in brackets are obliterated or illegible in the original. — Ed.
i6j9] FUNDAMENTAL ARTICLES OF NEW HAVEN 41
thatt as in matters thatt concerne the gathering and ordering of
a chur. so likewise in all publique offices which concerne civill
order, as choyce of magistrates and officers, makeing and repeal-
ing of lawes, devideing allottments of inheritance and all things
of like nature we would all of us be ordered by those rules which
the scripture holds forth to us. . . . Itt was demaunded whether
all the free planters doe holde themselves bound by thatt covenant
in all businesses of thatt nature which are expressed in the covenant
to submitt themselves to be ordered by the rules held forth in the
scripture.
This also was assented unto by all, and no man gainesaid itt. . . .
QuiER. 3. Those who have desired to be received as free
planters, and are settled in the plantation with a purp[ose,] reso-
lution and desire thatt they may be admitted into chur. fellowship
according to Christ as soone [as] God shall fitt them thereunto:
woTc desired to express itt by holdeing up of hands: Accordingly
api] did expresse this to be their desire and purpose by holdeing
ap their hands twice, [viz] both att the [pro]posall of itt, and
after when these written words were read unto them.
QuiER. 4. All the free planters were called upon to expresse
whether they held themselves bound to esta[blish] such civiU
order as might best conduce to the secureing of the purity and
peace of the ordina[nces] to themselves and their posterity ac-
cording to God. In answer hereunto they expressed by hold-
[mg] up their hands twice as before. . . .
Then Mr. Davenport declared unto them by the scripture whatt
kinde of persons might best be trusted with matters of govern-
ment. . . . Having thus said he satt downe, praying the com-
pany freely to consider whether they would have [it] voted att this
time or nott: After some sf)ace of silence Mr. Theophilus Eaton
answered itt mi[ght] be voted, and some others allso spake to
the same purpose, none att all opposeing itt. Then itt was pro-
pounded to vote.
QvMR. 5. Whether Free Burgesses shalbe chosen out of chur.
members they thatt are in the foundat[ion] worke of the church
being actually free burgesses, and to chuse to themselves out of
the li[ke] estate of church fellowship and the power of chuseing
magistrates and officers from among themselves and the power
off makeing and repealing lawes according to the worde, and the
42 FUNDAMENTAL ARTICLES OF NEW HAVEN [June 4/14
devideing of inheritances and decideing of differences thatt may
arise, and all the businesses of like nature are to be transacted
by those free burgesses.
This was putt to vote and agreed unto by the lifting up of
h^nds twice as in the former itt was done . . . and Mr. Robert
Newman was desired to write itt as an order whereunto everv one
thatt hereafter should be admitted here as planters should submitt
and testefie the same by subscribeing their names to the order,
namely, that church members onely shall be free burgesses, and
thatt they onely shall chusc magistrates & officers among them-
selves to have the power of transacting all the publique ci\ill
aflfayres of this Plantation, of makeing and repealing lawes,
devideing of inheritances, decideing of differences thatt may arise
and doeing all things or businesses of like nature.
This being thus settled as a foundamentall agreement concern-
ing civill government. Mr. Davenport proceeded to propound
some things to consideration aboute the gathering of a chur.
And to prevent the blemishing of the first beginnings of the chur.
worke, Mr. Davenport advised thatt the names of such as were to
be admitted might be publiquely propounded, to the end thatt
they who were most approved might be chosen, for the towne
being cast into severall private meetings wherein they thatt dwelt
nearest together gave their accounts one to another of Gods gra-
cious worke upon them, and prayed together and conferred to
their mutuall ediffication, sundry of them had knowledg one of
another, and in every meeting some one was more approved of
all then any other. For this reason, and to prevent scandalls, the
whole company was intreated to consider whom they found fittest
to nominate for this worke.
QUiER. 6. Whether are you all willing and doe agree in this
thatt twelve men be chosen thatt their fitnesse for the foundation
worke may be tried, however there may be more named yett itt
may be in their power who are chosen to reduce them to twelve,
and itt be in the power of those twelve to chuse out of themselves
seaven that shall be most approved of the major part to begin the
church.
This was agreed upon by consent of all as was expressed by
holdeing up of hands, and thatt so many as should be thought
fitt for the foundation worke of the church shall be propounded
1639] PATENT OF PROVIDENCE PLANTATIONS 43
by the plantation, and written downe and passe without exception
unlesse they had given publique scandall or offence, yett so as in
case of publique scandall or offence, every one should have lib-
erty to propound their exception att thatt time publiquely against
any man that should be nominated when all their names should
be writt downe, butt if the offence were private, thatt mens names
might be tendered, so many as were offended were intreated to
deale with the offender privately, and if he gave nott satisfaction,
to bring the matter to the twelve thatt they might consider of itt
impartially and in the feare of God. The names of the persons
nominated and agreed upon were Mr. Theoph. Eaton, Mr. John
Davenport, Mr. Robert Newman, Mr. Math. Gilbert, Mr. Richard
Malbon, Mr. Nath : Turner, Eze : Chevers, Thomas Fugill, John
Ponderson, William Andrewes, and Jer. Dixon. Noe exception
was brought against any of those in publique, except one about
takeing an excessive rate for meale which he sould to one of
Pequanack in his need, which he confessed with grief e and de-
clared thatt haveing beene smitten in heart and troubled in his
conscience, he restored such a part of the price back againe with
confession of his sin to the party as he thought himselfe bound
to doe. And it being feared thatt the report of the sin was heard
farther th[an] the report of his satisfaction, a course was con-
cluded on to make the satisfaction known to as many as heard
of the sinn. . . .
No. II. Patent of Providence Plantations
March 14/24, 1643
In 1636 Roger Williams, lately banished from Massachusetts, established
himself at Providence. A settlement was made at Portsmouth, under Will-
iam Coddington, in March, 1637/8, and another at Newport in 1639. War-
wick was planted in 1642/3, by Samuel Gorton and others. In 1643 Williams,
through the influence of the Earl of Warwick, obtained a patent uniting the
settlements at Providence, Portsmouth, and Newport, under the name of
Providence Plantations. A government under the patent was not organized
until May, 1647, at which time Warwick was admitted. The patent con-
ferred liberal rights of self-government, but made no grant of land.
References. — Text in Rhode Island Colonial Records^ I., 143-146. The
44 PATENT OF PROVIDENCE PLANTATIONS [March 14/24
laws passed in 1647 are in ih.^ I., 147-208. Sec also Early Records^ of ike
Tenvn of Providence, I.; Staples's Annals of the Town of Providence; and
bibliographical notes in Winsor's Narr. and Crit. Hist., III., 37^380.
." . , , Whereas . . . there is a Tract of Land . . . called by
the Name of the Narraganset-Bay; bordering Northward and
Northeast on the Patent of the Massachusetts, East and Southeast
on Plymouth Patent, South on the Ocean, and on the West and
Northwest by the Indians called Nahigganneucks, alias Nar-
ragansets; the whole Tract extending about Twenty-five English
Miles unto the Pequot River and Country.
And whereas divers well affected and industrious English
Inhabitants, of the Towns of Providence, Portsmouth, and New-
port in the tract aforesaid, have adventured to make a nearer
neighborhood and Society with the great Body of the Narragan-
sets, which may in Time by the blessing of God upon their
Endeavours, lay a sure Foundation of Happiness to all America.
And have also purchased, and are purchasing of and amongst the
said Natives, some other Places, which may be convenient both
for Plantations, and also for building of Ships, Supply of Pipe
Staves and other Merchandize. And whereas the said English,
have represented their Desire ... to have their hopeful Begin-
nings approved and confirmed, by granting unto them a Free
Charter of Civil Incorporation and Government; ... In due
Consideration of the said Premises, the said Robert Earl of War-
wick, . . . and the greater Number of the said Commissioners,
. . . out of a Desire to encourage the good Beginnings of the
said Planters, Do, by the Authority of the aforesaid Ordinance
of the Lords and Commons, . . . grant ... to the aforesaid
Inhabitants of the Towns of Providence, Portsmouth, and New-
port, a free and absolute Charter of Incorporation, to be known
by the Name of the Incorporation of Providence Plantations,
in the Narraganset-Bay, in New England. — Together with
full Power and Authority to rule themselves, and such others
as shall hereafter inhabit within anv Part of the said Tract of
land, by such a Form of Civil Government, as by voluntary con-
sent of all, or the greater Part of them, they shall find most suit-
able to their Estate and Condition; and, for that End, to make
and ordain such Civil Laws and Constitutions, and to inflict such
i<H3l NEW^ ENGLAND CONFEDERATION 45
punishments upon Transgressors, and for Execution thereof, so
to f^cc, and displace OflScers of Justice, as they, or the greatest
Part of them, shall by free Consent agree unto. Provided never-
theless, that the said Laws, Constitutions, and Punishments, for
the Civil Government of the said Plantations, be conformable to
the Laws of England, so far as the Nature and Constitution of the
place will admit. And always reserving to the said Earl, and
Commissioners, and their Successors, Power and Authority for
to dispose the general Government of that, as it stands in Rela-
tion to the rest of the Plantations in America as they shall con-
cave from Time to Time, most conducing to the general Good
of the said Plantations, the Honour of his Majesty, and the Ser-
Tice of the State. . . .
»
No. 12. New England Confederation
May 19/29, Z643
The first definite suggestion of a confederation of the New England colo-
appears to have been made in 1637, when certain magistrates and minis-
ters from Connecticut held a conference on the subject with the Massachusetts
authorities at Boston. A notice of this meeting was sent to Plymouth, but too
late for that colony to be represented. A counter proposition from Massa-
chusetts, in 1638, failed because of the refusal of Connecticut to allow the
decision of a majority of the commissioners, in cases of dispute, to be final.
The matter was again urged by Connecticut in 1639, in view of threatening
refiorts from New Netherland; but, although favorably considered by Massa-
chusetts, nothing came of it. Fear of an Indian war led to a joint proposal to
Massachusetts, in 1640, from Rhode Island, Connecticut, and New Haven;
but Massachusetts refused to treat with Rhode Island. Finally, in 1642,
moved by the "sad distractions in England " and the renewed danger of an
Indian war, the Massachusetts General Court appointed a committee to treat
with the other colonies in regard to union. In May, 1643, the commissioners
met at Boston, and agreed upon the articles following; but the representa-
tives of Pljmiouth not having authority to conclude the negotiations at that
time, the ratification of that colony was delayed until the first meeting of the
commissioners, Sept. 4/14. Rhode Island was not a member of the confed-
eration, and applications for admission, in 1644 and 1648, were refused, unless
the Rhode Island settlements would acknowledge the jurisdiction of either
Massachusetts or Plymouth. The importance of the confederation practi-
46 NEW ENGLAND CONFEDERATION [May 19/2^
cally ceased after 1662, when New Haven was united with Connecticut; but
the commissioners continued to hold occasional meetings until 1684.
References. — J^ext in New Haven Colonial Records^ 1653- 1665, pp.
562-566. The records of the commissioners arc in Plymouth Cedony Records^
IX., X. Frothingham, Rise of Die Republic^ 63, n. 2, gives a list of the meet-
ings. See also Winthrop's New England^ passim; Hubbard's History oj
Massachusetts {Mass. Hist, Coll., Second Series, VI.), chap. 52.
Whereas we all came into these parts of America y with one
and the same end and ayme, namely, to advance the Kingdome
of our Lord Jesus Christ, and to enjoy the liberties of the Gospel,
in purity with peace; and whereas in our settling (by a wise
providence of God) we are further dispersed upon the Sea-Coasts,
and Rivers, then was at first intended, so that we cannot (accord-
ing to our desire) with convenience communicate in one Govern-
ment, and Jurisdiction; and whereas we live encompassed with
people of severall Nations, and strange languages, which hereafter
may prove injurious to us, and our posterity : And forasmuch as
the Natives have formerly committed sundry insolencies and
outrages upon severall Plantations of the English, and have of
late combined against us. And seeing by reason of the sad dis-
tractions in England^ which they have heard of, and by which
they know we are hindred both from that humble way of seeking
advice, and reaping those comfortable fruits of protection which,
at other times, we might well expect; we therefore doe conceive
it our bounden duty, without delay, to enter into a present Con-
sotiation amongst our selves, for mutuall help and strength in all
our future concernments, that, as in Nation, and Religion, so,
in other respects, we be, and continue. One, according to the
tenour and true meaning of the ensuing Articles.
I. Wherefore it is fully Agreed and Concluded by and between
the parties, or Jurisdictions [of Massachusetts, Plymouth, Con-
necticut and New Haven] That they all be, and henceforth be
called by the name of. The United Colonies of New-England,
II. The said United Colonies for themselves, and their pos-
terities doe joyntly and severally hereby enter into a firm and
perpetuall league of friendship and amity, for offence and defence,
mutuall advice and succour, upon all just occasions, both for pre-
serving and propagating the truth, and liberties of the Gospel,
and for their own mutuall safety, and vvellfare.
i643l NEW ENGLAND CONFEDERATION 47
m. It is further agreed, That the Plantations which at present
arc, or hereafter shall be settled within the limits of the Massa-
(kusds, shall be forever under the Government of the Massa-
ckusds. And shall have peculiar Jurisdiction amongst themselves,
as an intire body ; and that Plimauth, Connecticut^ and New-
Haven, shall each of them, in all respects, have the like peculiar
Jurisdiction, and Government within their limits. And in refer-
ence to the Plantations which already are setled, or shall here-
after be erected and shall settle within any of their limits
respectively, provided that no other Jurisdiction shall hereafter
be taken in, as a distinct head, or Member of this Confederation,
nor shall any other either Plantation, or Jurisdiction in present
being, and not already in combination, or under the Jurisdiction
of any of these Confederates, be received by any of them, nor
stall any two of these Confederates, joyne in one Jurisdiction,
without consent of the rest. . . .
IV. It is also by these Confederates agreed. That the charge
of all just Wars, whether offensive, or defensive, upon what part
or Member of this Confederation soever they fall, shall both in
nien, provisions, and all other disbursements, be born by all the
parts of this Confederation, in different proportions, according
to their different abilities, in manner following, namely, That
the Commissioners for each Jurisdiction, from time to time, as
there shall be occasion, bring a true account and number of all
the Males in each Plantation, or any way belonging to, or under
their severall Jurisdictions, of what quality, or condition soever
they be, from sixteen years old, to threescore, being inhabitants
there. And that according to the different numbers, which from
time to time shall be found in each Jurisdiction, upon a true,
and just account, the service of men, and all charges of the war,
be bom by the poll : Each Jurisdiction, or Plantation, being left
to their own just course, and custome, of rating themselves, and
people, according to their different estates, with due respect to
their qualities and exemptions among themselves, though the
Confederation take no notice of any such priviledge. And that,
according to the different charge of each Jurisdiction, and Plan-
tation, the whole advantage of the War (if it please God so to
biesse their endeavours) whether it be in Lands, Goods, or j)er-
sons, shall be proportionably divided among the said Confederates.
48 NEW ENGLAND CONFEDERATION [May 19/25
V. It is further agreed, That if any of these Jurisdictions, or
any Plantation under, or in Combination with them, be invaded
by any enemy whomsoever, upon notice, and request of any three
Magistrates of that Jurisdiction so invaded. The rest of the Con-
federates, without any further meeting or expostulation, shall
forthwith send ayde to the Confederate in danger, but in different
proportion, namely the Massachusets one hundred men suffi-
ciently armed, and provided for such a service, and journey.
And each of the rest five and forty men, so armed and provided,
or any lesse number, if lesse be required, according to this pro-
portion. But if such a Confederate may be supplyed by their
next Confederate, not exceeding the number hereby agreed, they
may crave help there, and seek no further for the present. The
charge to be born, as in this Article is expressed. And at their
return to be victualled, and supplied with powder and shot (if
there be need) for their journey by that Jurisdiction which im-
ployed, or sent for them. . . . But in any such case of sending
men for present ayde, whether before or after such order or altera-
tion, it is agreed, That at the meeting of the Commissioners for
this Confederation, the cause of such war or invasion, be duly
considered, and if it appear, that the fault lay in the party so
invaded, that then, that Jurisdiction, or Plantation, make just
satisfaction, both ta the invaders, whom they have injuried, and
bear all the charges of the war themselves. . . .
And further, if any Jurisdiction see any danger of an invasion
approaching, and there be time for a meeting, That in such case,
three Magistrates of that Jurisdiction may summon a meeting, at
such convenient place, as themselves shall think meet, to con-
sider, and pro\ide against the threatened danger. . . .
VI. It is also agreed. That for the managing and concluding
of all aflfaires proper to, and concerning the whole Confederation,
two Commissioners shall be chosen by, and out of the foure Juris-
dictions, namely two for the Massachtisets, two for Plimouth, two
for Connecticut^ and two for New-haven, being all in Church-
fellowship with us, which shall bring full power from their severall
generall Courts respectively, to hear, examine, weigh, and deter-
mine all affaires of war, or peace, leagues, aydes, charges, and
numbers of men for war, division of spoyles, or whatsoever is
gotten by conquest, receiving of more confederates, or Plantations
id43l NEW ENGLAND CONFEDERATION 49
into Combination with any of these Confederates, and all things
of like nature, which are the proper concomitants, or conse-
quences of such a Confederation, for amity, offence, and defence^
not intermedling with the Government of any of the Jurisdictions,
which by the third Article, is preserved intirely to themselves.
... It is further agreed. That these eight Commissioners shall
meet once every year, besides extraordinary meetings, according
to the fifth Article to consider, treat, and conclude of all affaires
belonging to this Confederation, which meeting shall ever be the
first Thursday in September, And that the next meeting after
the date of these presents, which shall be accounted the second
meeting, shall be at Boston in the Massachusets, the third at
Hartford, the fourth at New-haven^ the fifth at Plimouth, the
sixth and seventh. at Boston; and then Hartford, New-haven,
and Plymouth, and so in course successively. If in the mean time,
some middle place be not found out, and agreed on, which may
be commodious for all the Jurisdictions.
********
Mil. It is also agreed, That the Commissioners for this Con-
federation hereafter at their meetings, whether ordinary or ex-
traordinary, as they may have Commission or opportunity, doe
endeavour to frame and establish Agreements and Orders in
generall cases of a civil nature, wherein all the Plantations are
interested, for preserving peace amongst themselves, and pre-
venting (as much as may be) all occasions of war, or differences
with others, as about the free and speedy passage of Justice in
each Jurisdiction, to all the Confederates equally, as to their
own, receiving those that remove from one Plantation to another,
without due Certificates, how all the Jurisdictions may carry it
towards the Indians, that they neither grow insolent, nor be
injuried without due satisfaction, least War break in upon the
Confederates, through such miscarriages. It is also agreed.
That if any Servant run away from his Master, into any other of
these Confederated Jurisdictions, That in such case, upon the
Certificate of one Magistrate in the Jurisdiction, out of which
the said Servant fled, or upon other due proof, the said Servant
shall be delivered either to his Master, or any other that pursues,
and brings such Certificate, or proof. And that upon the escape
of any Prisoner whatsoever, or fugitive, for any Criminall Cause,
so GOVERNMENT OF NEW HAVEN [Oct. 27 /Nov. 6
whether breaking Prison, or getting from the Officer, or othen^ise
escaping, upon the Certificate of two Magistrates of the Jurisdic-
tion out of which the escape is made, that he was a prisoner or
such an oflfendor, at the time of the escape. The Magistrates,
or some of them, of that Jurisdiction where for the present the
said prisoner or fugitive abideth, shall forthwith grant such a
Warrant, as the case will bear, for the apprehending of any such
person, and the delivery of him into the hand of the Officer, or
other person who pursueth him. And if help be required for the
safe returning of any such offender, it shall be granted unto him
that craves the same, he paving the charges thereof.
IX. And for that the justest Wars may be of dangerous conse-
quence, especially to the smaller Plantations in these United
ColonieSj it is agreed. That neither the Massac hmetSf Plymouth^
Connecticut, nor New-Haven^ nor any of the Members of any of
them, shall at any time hereafter begin undertake or engage them-
selves, or this Confederation, or any part thereof in any W'ar
whatsoever (sudden exigents with the necessary consequences
thereof excepted, which are also to be moderated, as much as
the case will permit) without the consent and agreement of the
forenamed eight Commissioners, or at least six of them, as in
the sixt Article is provided. . . .
*♦♦♦♦♦♦♦
XI. It is further agreed, That if any of the Confederates shall
hereafter break any of these presents Articles, or be any other
way injurious to any one of the other Jurisdictions such breach
of Agreement, or injury shalbe duly considered, and ordered
by the Commissioners for the other Jurisdictions, that both peace,
and this present Confederation, may be intirely preserved without
violation.
^p ^p •p ^P ^P •p ^p ^P
No. 13. Government of New Haven
October 27/ November 6, 1643
Independent settlements, similar to New Haven, were established at
Guilford and Milford in 1639, and at Stamford and Southold (I^ng Island)
in 1640. In 1643 these settlements united with New Haven in a representa-
1643] GOVERNMENT OF NEW HAVEN 51
tire government, under which the colony continued until 1662, when New
Haven was incorporated with Connecticut under a royal charter.
Reterences. — Text in New Haven Colonial Records, 1638-1649, pp.
112-116.
Itt was agreed and concluded as a foundamentall order nott to
be disputed or questioned hereafter, thatt none shall be admitted
to be free burgesses in any of the plantations within this juris-
diaion for the future, butt such planters as are members of some
or other of the approved churches in New England, nor shall any
butt such free burgesses have any vote in any election, (the six
present freemen att Milforde enjoying the liberty with the cau-
tions agreed,*) nor shall any power or trust in the ordering of any
civil] affayres, be att any time putt into the hands of any other
then such church members, though as free planters, all have right
to their inherritance & to comerce, according to such grants,
orders and lawes as shall be made concerning the same.
2. All such free burgesses shall have power in each towne or
plantation within this jurisdiction to chuse fitt and able men,
from amongst themselves, being church members as before, to be
the ordinary judges, to heare and determine all inferior causes,
whether ci\'ill or criminall, provided thatt no civill cause to be
tr>ed in any of these plantation Courts in value exceed 20 *, and
thatt the punishment in such criminalls, according to the minde
of God, revealed in his word, touching such offences, doe nott
exceed stocking and whipping, or if the fine be pecuniary, thatt
itt exceed nott five pounds. . . .
3. All such free burgesses through the whole jurisdiction, shall
have vote in the election of all magistrates, whether Governor,
Deputy Governor, or other magistrates, with a Treasurer, a Sec-
retary and a Marshall, &c. for the jurisdiction . . . and these
free burgesses may, att every election, chuse so many magistrates
for each plantation, as the weight of affayres may require, and as
they shall finde fitt men for thatt trust. . . .
4. All the magistrates for the whole jurisdiction shall meete
twice a yeare att Newhaven, namely, the Munday immediately
before the sitting of the two fixed Generall Courts hereafter mer-
tlonedy to keep a Court called the Court of Magistrates, for the
New Haven Colonial Records, 1 638-1649, pp. no, in. — Er,
52 GOVERNMENT OF NEW HAVEN [Oct. 27/Nov. 6
tryall of weighty and capitall cases, whether civill or criminall,
above those lymitted to the ordinary judges in the perticular
plantations, and to receive and try all appeales brought unto
them from the aforesaid Plantation Courts, and to call all the
inhabitants, whether free burgesses, free planters or others, to
account for the breach of any lawes established, and for other
misdemeanours, and to censure them according to the quallity of
the offence, . . . and all sentences in this court shall pass by the
vote of the major j>art of magistrates therein, butt from this
Court of Magistrates, appeales and complaints may be made
and brought to the Generall Court as the last and highest for this
jurisdiction. . . .
5. Besides tl\jB Plantation Courts and Court of Magistrates,
their shall be a Generall Court for the Jurisdiction, which shall
consist of the Governor, Deputy Governor and all the Magistrates
within the Jurisdiction, and two Deputyes for every plantation
in the Jurisdiction, which Deputyes shall from time to time be
chosen against the approach of any such Generall Court, by the
aforesaid free burgesses, and sent with due certificate to assist in
the same, all which, both Governor and Deputy Governor, Magis-
trates and Deputyes, shall have their vote in the said Court.
This Generall Court shall alwayes sitt att Newhaven, (unless upon
weighty occasions the Generall Court see cause for a time to sitt
elsewhere,) and shall assemble twice every yeare, namely, the
first Wednesday in Aprill, & the last Wednesday in October, in
the later of which Courts, the Governor, the Deputy Governor
and all the magistrates for the whole jurisdiction with a Treasurer,
a Secretary and Marshall, shall yearely be chosen by all the free
burgesses before mentioned, besides which two fixed courts, the
Governor, or in his absence, the Deputy Governor, shall have
power to summon a Generall Court att any other time, as the
urgent and extraordinary occasions of the jurisdiction may re-
quire, and att all Generall Courts, whether ordinary or extraor-
dinary, the Governor and Deputy Governor, and all the rest of
the magistrates for the jurisdiction, with the Deputyes for the
severall plantations, shall sitt together, till the affayres of the
jurisdiction be dispatched or may safely be respited, . . . which
Generall Court shall, with all care aftd dilligence provide for
the maintenance of the purity of religion, and shall suppress the
i(>43l MARYLAND TOLERATION ACT 53
contrary, according to their best light from the worde of God,
and all wholsome and sound advice which shall be given by the
ciders and churches in the jurisdiction, so farr as may conceme
their civill p)ower to deale therein.
Scconly, they shall have power to mak and repeale lawes, and,
while they are in force, to require execution of them in all the
severall plantations.
Thirdly, to im{x>se an oath upon all the magistrates, for the
faithfull discharge of the trust comitted to them, according to
their best abilityes, and to call them to account for the breach
of any lawes established, or for other misdemeanors, and to cen-
sure them, as the quallity of the offence shall require.
Fowerthly, to impose and [an] oath of fidelity and due subjec-
tion to the lawes upon all the free burgesses, free planters, and
other inhabitants within the whole jurisdiction.
5ly to setde and leivie rates and contributions upon all the
se\'erall plantations, for the publique service of the jurisdiction.
61y, to heare and determine all causes, whether civill or crimi-
nal], which by appeale or complaint shall be orderly brought unto
them from any of the other Courts, or from any of the other
plantations, In all which, with whatsoever else shall fall within
their cognisance or judicature, they shall proceed according to
the scriptures, which is the rule of all rightous lawes and sen-
tences, and nothing shall pass as an act of the Generall Court
butt by the consent of the major part of magistrates, and the
greater part of Deputyes.
No, 14. Maryland Toleration Act
April, 1649
Pkactical religious toleration existed in Maryland from the first, although
for some years the Jesuits were the only clergy in the colony. The Puritan
party, however, increased ; and the success of Parliament in its struggle with
the king forced Baltimore not only to protect the Catholics, but also to guard
ag;ainst the charge that Maryland was a Catholic colony. To that end, in
1648 he removed the governor, Thomas Greene, a Catholic, and appointed
William Stone of Virginia, a Protestant and an adherent of the Parliamentary
54 MARYLAND TOLERATION ACT [April
cause. With the new commissions for the governor and cotmdl, Balti-
more also sent drafts of sixteen proposed laws, one of which, apparently, was
the Toleration Act. The act was passed by an assembly the majority of
whom were probably Catholics, held at St. Mary's, April 2-21, 1649. A pro-
viso in Stone's commission, forbidding him to assent to the repeal of any law,
past or future, concerning religion, was designed to prevent later interference.
In 1654, when the Puritans gained control, the protection hitherto accorded to
Catholics was withdrawn; but the act of 1649 was revived in 1658, on the
restoration of Baltimore's authority, and was incorporated in the revision of
the laws made in 1676. An order of 1659, imposing penalties upon Quakers,
seems not to have been enforced.
References. — Text in Browne's Archives of Maryland, I., 244-247.
On the general subject of toleration in Maryland, see references in Winsor's
Narr, and Crit. Hisi., IIL, 560-562.
An Act Concerning Religion
[The first j>art of the act provides for the punishment of
blasphemy and Sabbath-breaking, and of such persons as shall
call any one within the Province **an heretick, Sjcismatick,
Idolator, puritan, Independant, Prespiterian popish prest, Jesuite,
Jesuited papist, Lutheran, Calvenist, Anabaptist, Brownist, Anti-
nomian, Barrowist, Roundhead, Separatist, or any other name or
terme in a reproachfull manner relating to matter of Religion."]
And whereas the inforceing of the conscience in matters of
Religion hath frequently fallen out to be of dangerous Conse-
quence in those commonwealthes where it hath been practised,
And for the more quiett and peaceable governement of this
Province, and the better to preserve mutuall Love and amity
amongst the Inhabitants thereof. Be it Therefore . . . enacted
(except as in this present Act is before Declared and sett forth)
that noe person or persons whatsoever within this Province, or
the Islands, Ports, Harbors, Creekes, or havens thereunto be-
longing professing to believe in Jesus Christ, shall from hence-
forth bee any waies troubled, Molested or discountenanced for
or in respect of his or her religion nor in the free exercise thereof
within this Province or the Islands thereunto belonging nor any
way compelled to the beleife or exercise of any other Religion
against his or her consent, soe as they be not unfaithfull to the
Lord Proprietary, or molest or conspire against the civill Govern-
ment established or to bee established in this Province under him
or his heires. And that all & every person and persons that shall
1649I FIRST NAVIGATION ACT 55
presume Contrary to this Act and the true intent and meaning
thereof directly or indirectly either in person or estate willfully
to wrong disturbe trouble or molest any person whatsoever within
this Province professing to beleive in Jesus Christ for or in re-
spKt of his or her religion or the free exercise thereof within
this Province other than is provided for in this Act that such
person or persons soe oflfending, shalbe compelled to pay trebble
damages to the party soe wTonged or molested, and for every such
offence shall also forfeit 20* sterling in money or the value thereof
. . . , Or if the partie soe offending as aforesaid shall refuse or
bee unable to recompense the party soe wronged, or to satisfy
such ffvne or forfeiture, then such Offender shalbe severelv
punished by publick whipping & imprisonment during the pleasure
of the Lord proprietary, or his Leiuetenant or cheife Governor of
this Province for the tyme being without baile or maineprise. . . .
No. 15. First Navigation Act
z66o
Under the early colonial charters, the American colonies were generally
exempted, either wholly or for a term of years, from the operation of the
TvicNis acts for the regulation of trade then in force. The activity of the
Datch, however, gradually secured to that nation the virtual control of
the colonial carrying trade. To regain this trade for the English, Parlia-
ment, in 1645, passed the first of a long series of acts and ordinances com-
monly spoken of collectively as the Navigation Acts. The ordinance of 1645
prohibited the importation into England, in other than English vessels
manned by English seamen, of whale oil and other products of the whale
fisheries. An ordinance of the following year restricted the foreign trade of
the colonies to English bottoms. In 1649 the importation into England,
Ireland, "or any of the dominions thereof," of French wines, wool, and
silk was prohibited. In 1650, Virginia and certain of the West India col-
onies, where opposition to Puritanism had broken out, were declared to be
in rebellion; and in order " to hinder the carrying over of any such persons
as are enemies to this Commonwealth, or that may prove dangerous to any
ol the English plantations in America," foreign vessels were forbidden to
trade with the colonies, save under license from Parliament or the Council
ol State. An act of 1651 embodied "a policy of coercion pure and simple,"
forbidding the importation of products of Asia, Africa, or America into
Great Britain or the British colonies except in British or colonial vessels;
56 FIRST NAVIGATION ACT [1660
restricting the importation of European products to British vessels, or
vessels of the country where the goods were produced or of the port from
which they were usually shipped; limiting the trade in fish to British or
cotdinal vessels; and excluding foreign vessels from the English coasting
trade. \The act of 1660, usually known as the First Navigation Act,
embodied, in more systematic form, the important provisions of earlier
acts, with the object of protecting both English and colonial shipping, and
exploiting the colonial trade for the benefit of the mother country. As
the act was ]>assed by the Convention Parliament, it was confirmed in 166 1
by the first Parliament, known technically as the thirteenth, regularly
assembled after the restoration of Charles II.
References. — Text in Statutes 0/ tfie Realm, V., 246-250. The act is
cited as 12 Car. II., c. 18. On the history and effects of the Navigation
Acts, as touching America, see Beer's Commercial Policy of England towards
the American Colonies, in Columbia Coll. Studies, III., No. 2.
An Act for the Encourageing and increasing of Shipping and
Navigation.
[I.] For the increase of Shiping and incouragement of the
Navigation of this Nation, wherin under the good providence
and protection of God the Wealth Safety and Strength of this
Kingdome is soe much concerned Bee it Enacted . . . That
from and after . . . [December i, 1660] . . . , and from thence
forward noe Goods or Commodities whatsoever shall be Im-
ported into or Exported out of any Lands Islelands Plantations
or Territories to his Majesty belonging or in his possession or
which may hereafter belong unto or be in the possession of His
Majesty His Heires and Successors in Asia Africa or America
in any other Ship or Ships Vessell or Vessells whatsoever but in
such Ships or Vessells as doe truely and without fraude belong
onely to the people of ICngland or Ireland Dominion of Wales or
Towne of Benvicke u[)on Tweede, or are of the built of, and be-
longing to any of the said Lands Islands Plantations or Terri-
tories as the Proprietors and right Owners therof and wherof
the Master and three fourthes of the Marriners at least are Eng-
lish^ under the penalty of the Forfeiture and Losse of all the
^ Question having arisen in regard to the definition of English built ships
and English mariners in this net, these terms were further defined by an act <tf
1662, 14 Car. II., c. 1 1, sect, 5 : "And that no Forreign built Ship (that is to say)
not built in any of His Majesties Dominions of Asia Africa or America or other
then such as shall (bona dde) be bought before . . . [October x, x66a,] . . .
i66ol FIRST NAVIGATION ACT 57
Goods and Commodityes which shall be Imported into, or Ex-
ported out of, any the aforesaid places in any other Ship or Ves-
sell, as alsoe of the Ship or Vessell with all its Guns Furniture
Tackle Ammunition and Apparell. . . .
« S|C ♦ 3|C.3|C 3|C 3|C SfC
[in.] And it is further Enacted . . . that noe Goods or Com-
modityes whatsoever of the growth production or manufacture of
Africa Asia or America or of any part thereof ... be Imported
into England Ireland or Wales Islands of Guernsey or Jersey
or Towne of Berwicke upon Tweede in any other Ship or Ships
Vessel! or Vessels whatsoever, but in such as doe truely and
without fraude belong onely to the people of England or Ireland,
Dominion of Wales or Towne of Berwicke upon Tweede or
of the Lands Islands Plantations or Territories in Asia Africa
or America to his Majesty belonging as the proprietors and right
owners therof, and wherof the Master and three fourthes at least
of the Mariners are English under the penalty of the forfeiture
of all such Goods and Commodityes, and of the Ship or Vessell
in which they were Imported with all her Guns Tackle Furni-
ture Anmiunition and Apparell. . . .
[IV.] And it is further Enacted . . . that noe Goods or Com-
modityes that are of forraigne growth production or manufacture
and which are to be brought into England Ireland Wales, the
Islands of Guernsey & Jersey or Towne of Berwicke upon Tweede
in English built shiping, or other shiping belonging to some of
the aforesaid places, ai}d navigated by English Mariners as
abovesaid shall be shiped or brought from any other place or
Places, County or Countries but onely from those of their said
Growth Production or Manufacture, or from those Ports where
the said Goods and, Commodityes can onely or are or usually
have beene first shiped for transportation and from none other
Places or Countryes under the penalty of the forfeiture of all such
of the aforesaid Goods as shall be Imix)rted from any other place
next ensuing and expresly named in the said List shall enjoye the priviledge of
a Ship belonging to England or Ireland although owned or manned by English
(ezccpt such Ships only as shall be taken at Sea by Letters of Mart or Reprizal
and Condemnation made in the Court of Admiralty as lawfull Prize) but all such
Ships shall be deemrd as Aliens Ships . .. it is to be understood that any of
Hn Majesties Subjects of England Ireland and His Plantations are to bee
accounted En^h and no others. ..." — Ed.
58 FIRST NAVIGATION ACT [i66i
or Country contrary to the true intent and meaning hereof, a3
alsoe of the ship in which they were imported with all her Guns
Furniture Ammunition Tackle and Apparel. . . .
[VI.] [Foreign vessels excluded from the English coasting
trade.]
3|C3|C3|C3|C3|C3|C3|C4C
[VIII.] And it is further Enacted . . . That noe Goods or
Commodityes of the Growth Production or Manufacture of Mus-
covy or of any the Countryes ... to the Great Duke or Em-
porer of Muscovia or Russia belonging, As alsoe that noe sorts
of Masts Timber or boards noe forraigne Salt Pitch Tar Rozin
Hempe or Flax Ratzins Figs Prunes Olive Gyles noe [sort*] of
Come or Graine Sugar Pot-ashes Wines Vinegar or Spirits called
Aqua-vite or Brandy Wine shall from and after . . . [April i,
1661] ... be imported into England Ireland Wales or Towne
of Berwicke upon Tweede in any Ship or Ships Vessel or Vessels
whatsoever but in such as doe truely and without fraude belong
to the people therof or of some of them as the true Owners and
proprietors therof, and wherof the Master and Three Fourths
of the Mariners at least are English, and that noe Currants, nor
Commodityes of the growth production or Manufacture of any
the Countr>'es ... to the Othoman or Turkish Empire belong-
ing shall from and after . . . [September i, 1661] . . . be im-
ported into any the forementioned places in any Ship or Vessel,
but which is of English built and navigated as aforesaid and in
noe other, except onely such forraigne ships and vessels as are of
the built of that Country or place of which the said Goods are
the growth production or Manufacture respectively, or of such
Port where the said Goods can onely be or most usually are first
shiped for transportation, and wherof the Master and three
Fourths of the Mariners at least are of the said Country [and *]
place under the penalty and forfeiture of Ship and Goods. . . .
[XVIII.] And it is further Enacted . . . That from and after
. . . [April I, 1 661] . . . noe Sugars Tobaccho Cotton Wool In-
dicoes Ginger Fustick or other dyeing wood of the Growth Pro-
^ sorts in the original Ms.
* or in the original Ms.
itfo] FIRST NAVIGATION ACT 59
daction or Manufacture of any English Plantations in America
Asia or Africa shall be shiped carryed conveyed or transported
faoffl any of the said English Plantations to any Land Island
Territory Dominion Port or place whatsoever other then to such
[ '] English Plantations as doe belong to His Majesty ... or
to the Kingdome of England or Ireland or Principallity of Wales
orTowne of Berwicke upon Tweede there to be laid on shore
oada' the penalty of the Forfeiture of the said Goods or the full
fihic thereof, as alsoe of the Ship with all her Guns Tackle
Apparel Ammunition and Furniture. . , .
[XIX.] And be it further Enacted . . . That for every Ship or
Vessel which from and after . . . [December 25, 1660] . . . shall
set saile out of, or from England Ireland Wales or Towne of Ber-
wicke upon Tweede for any English Plantation in America Asia
[or] Africa sufficient bond shall be given with one surety to the
dieife Officers of the Custome house, of such Port or place from
vfaence the said Ship shall set saile . . . That in case the said
Ship or Vessel shall loade any of the said Commodityes at any
of the said English Plantations, that the same Commodityes shall
be by the said ship brought to some Port of England Ireland
Wales, or to the Port or Towne of Berwicke upon Tweede and
shall there unload and put on shore the same, the danger of the
Seas onely excepted. And for all Jihips coming from any other
Port or Place to any of the aforesaid plantations who by this
Act are permited to trade there, that the Governour of such
English plantation shall before the said Ship or Vessel be per-
mited to loade on board any of the said Commodityes take Bond
in manner and to the value aforesaid for each respective Ship
or Vessel, That such Ship or Vessel shall carry all the aforesaid
Goods that shall be laden on board in the said ship to some
other of His Majestyes English Plantations, or to England Ire-
land Wales or Towne of Ben\'icke upon Tweede . . . [under
penalty of forfeiture of the vessel, &c.]. . . .
1 The Ms. inserts other.
6o CHARTER OF CONNECTICUT [April 23/ May 3
No. 16. Charter of Connecticut
April 23 /May 3, z66a
In May, 1661, the General Court of Connecticut appointed a committee to
prepare a petition for a royal charter. Governor Winthrop, to whom the nego-
tiations were intrusted, had the influential support of Lord Say and Sele and
the Earl of Manchester; and in April, 1662, the charter was granted. The
boundaries, as defined by the charter, included New Haven. The delay of
the latter colony in proclaiming Charles II., and its tender treatment of the
regicides, had brought it into disfavor with the king; and it now, under the
lead of Davenport, resisted annexation and appealed to the Commissioners
of the United Colonies. But the conquest of New Netherland by the English,
in 1664, and the grant to the Duke of York of territory as far east as the
Connecticut River, hastened submission; and in December of the latter year
a committee was appointed to arrange for the union. A quo warranio was
issued against the Connecticut charter in 1684, but judgment was not en-
tered. When Andros demanded the charter, in 1687, it was secreted, and
remained hidden until 1689, when, upon the deposition of Andros, govern-
ment under the charter was resumed. The State constitution of 1776 con-
tinued the charter in force, with a few changes, and it remained the funda-
mental law of Connecticut until the adoption of a new constitution in 1818.
References. — Text in ConnectiaU Colonial Records, II., 3-1 1. Win-
throp's instructions, the address to the King, and the letter to the E^rl of
Manchester, are in ib., I., 579-585. For the proceedings in New Haven,
see the New Haven Colonial RecordSy 1653-1665, passim,
Charles tje SecontJ, [&c.] Whereas . . . We have byn in-
formed by the humble Petition of our Trusty and welbeloved
John Winthrop, John Mason, Samuell Willis, Henry Gierke,
Mathew Allen, John Tappen, Nathan Gold, Richard Treate,
Richard Lord, Henry Woolicot, John Talcott, Daniell Gierke,
John Ogden, Thomas Wells, Obedias Brewen, John Gierke,
Anthony Haukins, John Deming, and Mathew Gamfeild, being
Persons Principally interested in our Golony or Plantation of
Gonecticutt in New England, that the same Golony or the greatest
parte thereof was purchased and obteyned for greate and valu-
able considerations. And some other parte thereof gained by Gon-
quest and with much difficulty, and att the onely endeavours,
expence and Gharge of them and their Associates, and those
under whome they Glayme, Subdued and improved, and thereby
become a considerable enlargement and addition of our Do-
i66al CHARTER OF CONNECTICUT 6l
minbns and interest there, — Now Elnow yea, that . . . wee
. , . by theis presents . . . Doc Ordeine, Constitute and De-
clare That they, the said John Wiqthrop . . . [and others] . . . ,
and all such others as now are or hereafter shall bee Admitted
aiKi made free of the Company and Society of our Collony of
Conecticut in America, shall . . . bee one Body Corporate and
Pollitique in fact and. name, by the Name of Govemour and
Company of the English Collony of Coneodcut in New England
in America; . . . And further, wee . . . Doe Declare . . . that
for the better ordering and manageing of the affaires and busi-
nesse of the said Company and their Successors, there shall be
one Govemour, one Deputy Governour and Twelve Assistants,
to bee from tyme to tyme Constituted, Elected and Chosen out
of the Freemen of the said Company for the tyme being, in such
manner and forme as hereafter in these presents is expressed;
which said Officers shall apply themselves to take care for the
best disposeing and Ordering of the Generall busines and affaires
of and concerning the lands and hereditaments herein after
mentioned to bee graunted, and the Plantation thereof and the
Government of the People thereof. And . . . Wee doe . . . ap-
point the aforesaid John Winthrop to bee the first and present
Govemour of the said Company; And the said John Mason to
bee the Deputy Govemour; And the said Samuell Willis, Mathew
Allen, Nathan Gold, Henry Gierke, Richard Treat, John Ogden,
Thomas Tappen, John Talcott, Thomas Wells, Henry Woolcot,
Richard Lord and Daniell Gierke to bee the Twelve present
Assistants of the said Company ; . . . And further, wee . . . Doe
Ordaine . . . that the Governour of the said Company for the
tyme being, or, in his absence by occasion of sickncs, or other-
wise by his leave or permission, the Deputy Governour . . . ,
shall and may . . . give Order for the assembling of the said
Company and calling them together to Consult and advise of
the businesse and Affaires of the said Company, And that for
ever hereafter, Twice in every yeare, (That is to say,) on every
second Thursday in October and on every second Thursday in
May, or oftener, in Case it shall be requisite, The Assistants and
freemen of the said Company, or such of them (not exceeding
twee Persons from each place, Towne or Citty) whoe shall bee
from tyme to tyme thereunto Elected or Deputed by the major
62 CHARTER OF CONNECTICUT [April 23/May 5
parte of the freemen of the respective Townes, Cittyes and Places
for which they shall bee soe elected or Deputed, shall have a
generall meeting or Assembly, then and their to Consult and
advise in and about the Affaires and businesse of the said Com-
pany ; And that the Govemour, or . . . Deputy Govemour . . . ,
and such of the Assistants and freemen of the said Company as
shall be soe Elected or Deputed and bee present att such meeting
or Assembly, or the greatest number of them, whereof the Gov-
emour or Deputy Govemour and Six of the Assistants, at least,
to bee Seaven, shall be called the Generall Assembly, and shall
have full power and authority to alter and change their dayes and
tymes of meeting or Generall Assemblies for Electing the Gov-
emour, Deputy Govemour and Assistants or other Officers, or
any other Courts, Assemblies or meetings, and to Choose, Nomi-
nate and appoint such and soe many other Persons as they shall
thinke fitt and shall bee willing to accept the same, to bee free
of the said Company and Body Politique, and them into the same
to Admitt and to Elect, and Constitute such Officers as they shall
thinke fitt and requisite for the Ordering, mannageing and dis-
poseing of the Affaires of the said Govemour and Company and
their Successors. And wee doe hereby . . . Ordeine, that once
in the yeare . . . , namely, the said Second Thursday in May,
the Govemour, Deputy Govemour and Assistants of the said
Company and other Officers of the said Company, or such of
them as the said Generall Assembly shall thinke fitt, shall bee,
in the said Generall Court and Assembly to bee held from that
day or tyme, newly Chosen for the yeare ensuing, by such greater
part of the said Company for the tyme being then and there
present. . . . And Knowe yee further, That Wee . . . Doe
. . . Graunt . . . unto the said Govemor and Company and
their Successors, All that parte of our Dominions in Newe Eng-
land in America bounded on the East by Norrogancett River,
comonly called Norrogancett Bay, where the said River falleth
into the Sea, and on the North by the lyne of the Massachusetts
Plantation, and on the South by the Sea, and in longitude as the
lyne of the Massachusetts Colony, runinge from East to West,
(that is to say,) from the said Narrogancett Bay on the East to
the South Sea on the West parte, with the Islands thereunto
adjoyneinge. . . .
1663/3I FIRST CHARTER OF CAROLINA 63
No. 17. First Charter of Carolina
BCarch 24 /April 3, 2662/3
The region later known as Carolina had been included in the original
Virj^nia grant of 1606; but no permanent settlements had been made, and
00 the revocation of the third Virginia charter, in 1624, the territory became
sobject to the disposal of the Crown. In 1629, Sir Robert Heath, then attor-
ney-general, received from Charles I. a grant of the region south of Vir-
ginia, between 31** and 36® north latitude, under the name of Carolana;
bat no use was made of the grant, and no further attempt was made to de-
vebp the country until the grant of a charter to Clarendon and his associates,
in March, 1662/3. An order in council of Aug. 12/22, 1663, declared the
Heath patent void for non-user; but claims under it continued to be urged
until 1768, when the descendants of Daniel Coxe, of New Jersey, to whom
the patent had been transferred in 1696, received from the Crown a grant of
100,000 acres of land in New York in satisfaction of their claim.
Refeiences. — Text in Statutes at Large of South Carolina (Cooper's ed.,
1S36), I., 22-31. The Heath grant is in Colonial Records of North Carolina,
I., 1-13. For the documentary sources see, beside the Records, Carroll's
Historical Collections of Soulh Carolina; Sainsbury's Calendar of State
Papers, Colonial, V., VI. On the early history of South Carolina, Mc-
Crady*s History of South Carolina under the Proprietary Government is of
prime importance.
CHARLES THE SECOND, [&c.]. . . .
ist. Whereas our right trusty, and right well beloved Cousins
and Counsellors, Edwardy Eari of Clarendon, our high Chan-
cellor of England, and George^ Duke of Albemarie, Master of
our horse and Captain General of all our Forces, our right trusty
and well beloved William Lord Craven, John I^rd Berkley, our
right trusty and well beloved Counsellor, Anthony Iam(\ Ashley,
Chancellor of our Exchequer, Sir George Carteret, Knt. and
Baronet, Vice Chamberlain of our household, and our trusty and
well beloved Sir William Berkley, Knt. and Sir John Colleton,
Knight and Baronet, . . . have humbly besought leave of us by
their industry and charge, to transport and make an ample Colony
of our subjects, natives of our Kingdom of England, and else-
where within our Dominions, unto a certain country- hereafter
described, in the parts of America not yet cultivated or planted,
and only inhabited by some barbarous people, who have no
knowledge of Almighty God.
64 FIRST CHARTER OF CAROLINA [March 24/April 3
2d. And whereas the said Edward, Earl of Clarendon . . .
[and others] . . . have humbly besought us to . . . grant . . .
unto them and their heirs, the said country, with Priviledges and
Jurisdictions requisite for the good government and safety thereof :
Know ye, therefore, that we, favouring the pious and noble pur-
pose of the said Edward Earl of Clarendon . . . [and others]
... by this our present Charter ... do Give, Grant and Con-
firm unto the said Edward Earl of Clarendon . . . [and others]
... all that territory or tract of ground, scituate, lying and
being within our dominions of America, extending from the
North end of the Island called Lucke-Island, which lieth in the
Southern Virginia Seas, and within six and thirty degres of
the Northern Latitude, and to the West as far as the South Seas,
and so Southerly as far as the river St. Matthias, which bordereth
upon the coast of Florida, and within one and thirty degrees of
Northern Latitude, and so west in a direct line as far as the South
seas aforesaid. . . .
3d. And furthermore, the Patronage and Advowsons of all the
Churches and Chapels, which as Christian Religion shall increase
within the Country . . . shall happen hereafter to be erected,
together with license and power to build and found Churches,
Chappels and Oratories, in convenient and fit places, within the
said bounds and limits, and to cause them to be dedicated and
consecrated according to the Ecclesiastical laws of our Kingdom
of England, together with all and singular the like, and as ample
Rights, Jurisdictions, Priviledges, Prerogatives, Royalties, Liber-
ties, Immunities and Franchises of what kind soever, within the
Countries, Isles, Islets, and Limits aforesaid.
4th. To have, use, exercise and enjoy, and in as ample manner
as any Bishop of Durham in our Kingdom of England, ever here-
tofore have held, used or enjoyed, or of right ought or could
have, use, or enjoy. And them, the said Edward Earl of Claren-
don . . . [and others] . . . their heirs and assigns. We do by these
Presents . . . constitute, the true and Absolute Lords Proprie-
tors of the Country aforesaid, and of all other the premises;
saving always the faith, allegiance and sovereign dominion due
to us . . . for the same, and saving also the right, title, and
interest of all and ever\' our subjects of the English nation, which
are now planted within the limits and bounds aforesaid, (if any
i«62/3l FIRST CHARTER OF CAROLINA 65
be), . . . yielding and paying yearly to us . . . for the same,
ibe yeariy rent of twenty marks of lawful money of England . . .
and also the fourth part of all gold or silver ore, which, within
tbe limits aforesaid, shall from time to time happen to be found.
5th. And that the country, thus by us granted and described,
may be dignified by us with as large Titles and Priviledges as any
ocber part of our Dominions and territories in that region. Know
yc that we . . . do . . . erect, incorporate and ordain the same
into a Province, and* call it the Province of Carolina. [The pn)-
prietors may make laws with the assent of the freemen.]
6th. [The proprietors may make ordinances;] so as such Ordi-
nances be reasonable, and not repugnant or contrary, but as near
as may be, agreeable to the laws and statutes of this our Kingdom
of England, and so as the same ordinances do not extend to the
binding, charging, or taking away of the right or interest of any
person or persons, in their freehold, goods or chattels whatsoever.
9th. Provided nevertheless, . . . and we . . . by these pres-
ents ... do give and grant unto the said Edward Earl of Claren-
don . . . [and others] .... full and free license, liberty, and
authority, at any time or times, from and after the feast of St.
Michael the Arch-Angel . . . [1667] ... as well to import,
and bring into any of our Dominions from the said Province of
Carolina, or any part thereof, the several goods and commodities,
hereinafter mentioned, that is to say, silks, wines, currants,,
raisins, capers, wax, almonds, oyl, and olives, without paying or
answering to us . ". . any custom, import, or other duty, for and
in respect thereof for and during the term and space of seven
years, to commence and be accompted, from and after the first
importation of four tons of any the said goods, in any one bot-
tom, ship or vessel from the said Province, into any of our
Dominions; as also to export and carry out of any of our Do-
minions, into the said Province of Carolina, custom free, all
sorts of tools which shall be usefull or necessary for the planters
there, in the accommodation and improvement of the premises,
any thing before, in these presents contained, or any law, act,
statute, prohibition, or other matter ... to the contrary, in any
wise notwithstanding.
66 CHARTER OF RHODE ISLAND [July 8/iS
1 8th. And because it may happen that some of the people and
inhabitants of the said Province, cannot in their private opinions,
conform to the publick exercise of religion, according to the
liturgy form and ceremonies of the Church of England, or take
and subscribe the oath and articles, made and established in that
behalf, and for that the same, by reason of the remote distances
of these places, will, we hope, be no breach of the unity and uni-
formity established in this nation ; . . . we do . . . grant unto the
said Edward, Earl of Clarendon . . . [and others] . . . full and
free license, liberty and authority, by such legal ways and means
as they shall think fit, to give and grant unto such person or per-
sons, inhabiting and being within the said Province, or any part
thereof, who really in their judgments, and for conscience sake,
cannot or shall not conform to the said liturgy and ceremonies,
and take and subscribe the oaths and articles aforesaid, or any of
them, such indulgencies and dispensations in that behalf, for and
during such time and times, and with such limitations and re-
strictions as they . . . shall in their discretion think fit and
reasonable; and with this express proviso, and limitation also,
that such person and persons, to whom such indulgencies and
dispensations shall be granted as aforesaid, do and shall, from
time to time declare and continue, all fidelity, loyalty and obedi-
ence to us, our heirs and successors, and be subject and obedient
to all other the laws, ordinances, and constitutions of the said
Province, in all matters whatsoever, as well ecclesiastical as civil,
and do not in any wise disturb the peace and safety thereof, or
scandalize or reproach the said liturgy, forms, and ceremonies,
or any thing relating thereunto, or any person or persons whatso-
ever, for or in respect of his or their use or exercise thereof, or '
his or their obedience and conformity, thereunto.
♦ ♦♦♦♦♦♦♦
No. 1 8. Charter of Rhode Island and
Providence Plantations
July 8/i8, 1663
In January, 1661, John Clarke, sometime agent for Rhode Island in Eng-
land, presented a petition for a royal charter for that colony. The prompt-
x663l CHARTER OF RHODE ISLAND 67
ocss of Rhode Island in proclaiming Charles II., and the willingness of
the king to restrain the ambitions of Massachusetts, caused the petition to
be favorably regarded. The charter of Connecticut, however, in 1662, in-
chided within the limits of that colony certain territory on Narragansett Bay
long in dispute between Massachusetts and Rhode Island, and now held by
the Athcrton Company, a land-speculating organi^tion of which Winthrop
was a member. An effort on the part of Rhode Island, in 1660, to come to
terms with this company had been unsuccessful. Clarke entered a protest
igainst the Connecticut grant; but, by agreement with Winthrop, the con-
troversy was presently referred to arbitrators. The decision, in April, 1663,
was favorable to Rhode Island, and in July the charter was issued. With
the exception of the brief period of Andros's administration, 1686-1689,
during which the government was carried on by the towns, the charter con-
tinued to be the fundamental law of Rhode Island until the adoption of a
State constitution in 1843.
References. — Text in Rhode Island Colonial Records^ II., 3-21.
Qjarlcs t^e &econti, [ &c.] . . . : mSfjereass biee have been in-
formedy by the humble petition of our trustie and well beloved
subject, John Clarke, on the behalfe of Benjamine Arnold, Wil-
liam Brenton, William Codington, Nicholas Easton, William
Boulston, John Porter, John Smith, Samuell Groton, John Weeks,
Roger Williams, Thomas Olnie, Gregorie Dexter, John Cogeshall,
Joseph Clarke, Randall Holden, John Greene, John Roome,
Samuell Wildbore, William Ffield, James Barker, Richard Tew,
Thomas Harris, and William Dyre, and the rest of the purchasers
and CTree inhabitants of our island, called l&ijotie-lsslanti, and the
rest of the colonie of Providence Plantations, in the Narragansett
Bay, in New-England, in America, that they, pursueing, with
peaceable and loyall mindes, their sober, serious and religious
intentions, of godlie edifieing themselves, and one another, in
the holie Christian fifaith and worshipp as they were perswaded:
together with the gaineing over and conversione of the poore
ignorant Indian natives, in those partes of America, to the sincere
professione and obedienc of the same flfaith and worship, did,
not onlie by the consent and good encouragement of our royall
progenitors, transport themselves out of this kingdome of Eng-
land into America, but alsoe, since their arrivall there, after their
first settlement amongst other our subjects in those parts, (Tor
the avoideing of discorde,, and those manic evills which were
Vikciy to ensue upon some of those oure subjects not beinge able
to beare, in these remote partes, theire different apprehensiones
68 CHARTER OF RHODE ISLAND [July8/i8
in religious concernments, and in pursueance of the aflForesayd
ends, did once againe leave theire desireable stationes and habi-
tationes, and with excessive labor and travell, hazard and charge,
did transplant themselves into the middest of the Indian natives,
who, as wee are inflFormed, are the most potent princes and people
of all that country; where, by the good Providence of God, from
whome the Plantationes have taken their name, upon theire
labour and industrie, they have not onlie byn preserved to ad-
miration, but have increased and prospered, and are seized and
possessed, by purchase and consent of the said natives, to their
ffull content, of such lands, islands,. rivers, harbours and roades,
as are verie convenient, both for plantationes and alsoe for build-
inge of shipps, suplye of pype-staves, and other merchandize;
and which lyes verie commodious, in manie respects, for com-
merce, and to accommodate oure southern plantationes, and may
much advance the trade of this oure realme, and greatlie enlarge
the territories thereof; they haveinge, by neare neighbourhoode
to and friendlie societie with the greate bodie of the Narragansett
Indians, given them encouragement, of theire owne accorde, to
subject themselves, theire people and landes, unto us; whereby,
as is hoped, there may, in due tyme, by the blessing of God upon
theire endeavours, bee layd a sure flFoundation of happinesse to
all America : SntJ iD^ereass, in theire humble addresse, they have
flFreely declared, that it is much on their hearts (if they may be
permitted), to hold forth a livelie experiment, that a most flour-
ishing civill state may stand and best bee maintained, and that
among our English subjects, with a full libertie in religious con-
cernements; and that true pietye rightly grounded upon gospell
principles, will give the best and greatest security to sover-
eignetye, and will lay in the hearts of men the strongest obliga-
tions to true loyaltye : Noto kncto gee, that wee beinge willinge to
encourage the hopefull undertakeinge of oure sayd loyall and
loveinge subjects, and to secure them in the free exercise and
enjoyment of all theire civill and religious rights, appertaining
to them, as our loveing subjects; and to preserve unto them that
libertye, in the true Christian ffaith and worshipp of God, which
they have sought with soe much travaill, and with peaceable
myndes, and loyall subjectione to our royall progenitors and our-
selves, to enjoye; and because some of the people and inhab-
i663l CHARTER OF RHODE ISLAND 69
itants of the same colonic cannot, in theire private opinions,
conforme to the publique exercise of religion, according to the
litturgy, formes and ceremonyes of the Church of England, or
take or subscribe the oaths and articles made and established in
that behalfe ; and for that the same, by reason of the remote dis-
tances of those places, will (as wee hope) bee noe breach of
the unitie and unifformitie established in this nation : . . . doe
hereby . . . declare, That our royall will and pleasure is, that
noe person within the sayd colonye, at any tyme hereafter, shall
bee any wise molested, punished, disquieted, or called in question,
for any differences in opinione in matters of religion, and doe not
actually disturb the civill peace of our sayd colony; but that all
and everye person and persons may, from tyme to tyme, and at
all tymes hereafter, freelye and fullye have and enjoye his and
theire owne judgments and consciences, in matters of religious
concernments, throughout the tract of lande hereafter mentioned;
they behaving themselves peaceablie and quietlie, and not useing
this libertie to lycentiousnesse and profanenesse, nor to the civill
injurye or outward disturbeance of others; any la we, statute, or
clause, therein contayned, or to bee contayned, usage or custome
of this realme, to the contrary hereof, in any wise, notwithstanding.
And that they may bee in the better capacity to defend them-
selves, in theire just rights and libertyes against all the enemies
of the Christian ffaith, and others, in all respects, wee . . . further
. . . declare. That they shall have and enjoye the benefitt of our
late act of indempnity and ffree pardon, as the rest of our sub-
jects in other our dominions and territoryes have; and to create
and make them a bodye politique or corporate, with the powers
and priviledgcs hereinafter mentioned. And accordingely . . .
tnct . . . doe ordeyne, constitute and declare. That they, the sayd
William Brenton . . . [and others] . . . and all such others
as now are, or hereafter* shall bee admitted and made ffree of the
company and societie of our collonie of Providence Plantations,
in the Narragansett Bay, in New-England, shall bee, from tyme
to tyme, and forever hereafter, a bodie corporate and politique,
... by the name of dfje (Sobemor antJ Compang of tfje SngligJj
CoIIonir of Itfjotie-Jsslanti anti )^robttience ^plantations, in Ndn-
Enfilanti, in Snurica. . . . SntJ furtfjer, wee . . . doe declare
. . . that . . . there shall bee one Govemour, one Deputie*
70 CHARTER OF RHODE ISLAND [July8/iS
Governour and ten Assistants, to b^e from tyme to tyme . . .
chosen, out of the freemen of the sayd Company, for the tyme
beinge, in such manner and flforme as is hereafter in these presents
expressed; . . . 3ntJ . . . wee doe . . . apoynt the aforesayd
Benedict Arnold to bee the first and present Governor of the
sayd Company, and the sayd William Brenton to bee the Deputy-
Governor, and the sayd William Boulston, John Porter, Roger
Williams, Thomas Olnie, John Smith, John Greene, John Coge-
shall, James Barker, William Ffeild, and Joseph Clarke, to bee
the tenn present Assistants of the sayd Companye. . . . 3ntJ
furtfjet, wee . . . doe ordeyne . . . that the Governor of the
sayd Company, for the tyme being, or, in his absence, . . . the
Deputy-Governor, . . . shall and may, fifrom tyme to tyme, upon
all occasions, give order ffor the assemblinge of the sayd Company,
and callinge them together, to consult and advise of the businesse
and affaires of the sayd Company. 2ntJ tfjat forever hereafter,
twice in every year, that is to say, on every first Wednesday in
the moneth of May, and on every last Wednesday in October, or
oftener, in case it shall bee requisite, the Assistants, and such of
the ffreemen of the Company, not exceedinge six persons ffor
Newport, ffoure persons ffor each of the respective townes of
Providence, Portsmouth and Warwicke, and two j^ersons for each
other place, towne or city, whoe shall bee, from tyme to tyme,
thereunto elected or deputed by the majour parte of the ffreemen
of the respective townes or places ffor which they shall bee so
elected or deputed, shall have a generall meetinge, or Assembly
then and there to consult, advise and determine, in and about
the affaires and businesse of the said Company and Plantations.
SntJ furtfjer, wee doe . . . graunt unto the sayd Governour and
Company . . . that the Governour ... [or Deputy-Governor]
. . . , the Assistants, and such of the ffreemen of the sayd Company
as shall bee soe as aforesayd elected or deputed, or soe many of
them as shall bee present att such meetinge or assemblye, as
afforesayde, shall bee called the Generall Assemblye; and that
they, or the greatest parte of them present, whereof the Governour
or Deputy-Governour, and sixe of the Assistants, at least to bee
seven, shall have . . . ffull power [and] authority ... to apoynt,
alter and change, such dayes, tymes and places of meetinge and
Generall Assemblye, as theye shall thinkc fl&tt; SntJ furtfjet . . .
1663] 'CHARTER OF RHODE ISLAND 71
wee doe . . . ordeyne, that yearelie, ... the aforesayd Wednes-
day in May, and at the towne of Newport, or elsewhere, if urgent
occasion doe require, the Governour, Deputy-Governour and
Assistants of the sayd Company, and other officers of the sayd
Company, or such of them as the Generall Assemblye shall thinke
ffitt, shall bee, in the sayd Generall Court or Assembly to bee
held from that daye or tyme, newly chosen for the year ensueing,
by such greater part of the sayd Company, for the tyme beinge,
as shall bee then and there present; . . . Neverthelesse, our
»ill and pleasure is, and wee doe hereby declare to the rest of oure
CoUonies in New-England, that itt shall not bee lawefuU fTor
this our sayd Collony ... to invade the natives inhabiting within
the boundes and limitts of theire savd Collonies without the
knowledge and consent of the sayd other Collonies. And itt is
hereby declared, that itt shall not bee lawful! to or ffor the rest
of the Collonies to invade or molest the native Indians, or any
other inhabitants, inhabiting within the bounds and lymitts here-
after mentioned (they having subjected themselves unto us, and
being by us taken into our speciall protection), without the know-
ledge and consent of the Governour and Company of our Collony
of Rhode-Island and Providence Plantations. . . . And ffurther,
know ye, that wee . . . doe give, graunt and confu^me, unto the
sayd Governour and Company, and theire successours, all that
parte of our dominiones in New-England, in America, conteyneing
the Nahantick and Nanhyganset Bay, and countryes and partes
adjacent, bounded on the west, or westerly, to the middle or
channel of a river there, commonly called and known by the name
of Pawcatuck, alias Pawcawtuck river, and soe along the sayd
river, as the greater or middle streame thereof reacheth or lyes
\-pp into the north countrye, northward, unto the head thereof,
and from thence, by a streight lyne drawne due north, untill itt
meets with the south lyne of the Massachusetts Collonie; and
on the north, or northerly, by the aforesayd south or southerly ,
Ij-ne of the Massachusetts Collony or Plantation, and extending
towards the east, or eastwardly, three English miles to the east
and north-east of the most eastern and north-eastern parts of the
aforesayd Narragansett Bay, as the sayd bay lyeth or extendeth
itself from the ocean on the south, or southwardly, unto the
mouth of the river which runneth towards the towne of Provi-
72 SFXOND NAVIGATION ACT July 8/iS
dence, and from thence along the eastwardly side or banke of
the sayd river (higher called by the name of Seacunck river), up
to the ffals called Patuckett (Tails, being the most westwardly lyne
of Plymouth Collony, and soe from the sayd ffalls, in a streight
lyne, due north, untill itt meete with the aforesayd lyne of the
Massachusetts Collony ; and bounded on the south by the ocean ;
and, in particular, the lands belonging to the townes of Provi-
dence, Pawtuxet, Warwicke, Misquammacok, alias Pawcatuck,
and the rest upon the maine land in the tract aforesaid, together
with Rhode-Island, Blocke-Island, and all the rest of the islands
and banks in the Narragansett Bay, and bordering upon the coast
of the tract aforesayd (Ffisher's Island only excepted), . . . any
graunt, or clause in a late graunt, to the Govemour and Company
of Connecticutt Collony, in America, to the contrary thereof in
any wise notwithstanding; . . . 3[nll furtijet, our will and
pleasure is, that in all matters of publique controversy which may
fall out betweene our Collony of Providence Plantations, and the
rest of our CoUonies in New-England, itt shall and may bee law-
full to and for the Govemour and Company of the sayd Collony
of Providence Plantations to make their appeals therein to us
. . . , for redresse in such cases, within this our realme of England :
and that itt shall be lawfull to and for the inhabitants of the sayd
Collony . . . ; without let or molestation, to passe and repasse
with freedome, into and through the rest of the English Collonies,
upon their lawfull and civill occasions, and to converse, and hold
commerce and trade, with such of the inhabitants of our other
English Collonies as shall bee willing to admitt them thereunto,
they behaveing themselves peaceably among them. . . .
No. 19. Second Navigation Act
X663
The Navigation Act of 1660 had assured to English vessels a monopoly of
the carrying trade between the colonies and England; but English vessels
might still trade, except in certain "enumerated articles," directly between
colonial and foreign ports. The act of 1663 aimed to benefit the merchants
as well as the shipowners, by securing to English merchants the control of the
colonial import trade.
x663l SECOND NAVIGATION ACT 73
References. — TeoU in Statutes of the Realms V., 449-452. The act is
died as 15 Car. II., c. 7.
An Act for the Encouragement of Trade.
[IV.] And in reguard His Majesties Plantations beyond the
Seas are inhabited and peopled by His Subjects of this His King-
dome of England, For the maintaining a greater correspondence
and kindnesse betA'V'eene them and keepeing them in a firmer
dependence upon it, and rendring them yet more beneficiall and
advantagious unto it in the farther Imployment and Encrease of
English Shipping and Seamen, vent of English Woollen and other
Manufactures and Commodities rendring the Navigation to and
from the same more safe and cheape, and makeing this King-
dome a Staple not onely of the Commodities of those Plantations
but alsoe of the Commodities of other Countryes and Places for
the supplying of them, and it being the usage of other Nations
to keepe their [Plantations *] Trade to themselves. Be it enacted
. /\ That from and after . . . [March 25, 1664,] . . . noe
Commoditie of the Growth Production or Manufacture of Europe
shall be imported into any Land Island Plantation Colony Terri-
tory or Place to His Majestie belonging, or which shall [belong
hereafter*] unto, or be in the Possession of His Majestie . . .
in Aaa Africa or America (Tangier onely excepted) but what
shall be bona fide and without fraude laden and shipped in England
Wales [and*] the Towne of Berwicke upon Tweede and in
English built Shipping, or which were bona fide bought before
. . . [October i, 1662,] . . . and had such Certificate thereof
as is directed . . . [by the explanatory Navigation Act of 1662,]
. . . and whereof the Master and three Fourthes of the Marriners
at least are English, and which shall be carryed directly thence
to the said Lands Islands Plantations Colonyes Territories or
Places, and from noe other place or places whatsoever Any Law
Statute or Usage to the contrary notwithstanding, under the
Penaltie of the losse of all such Commodities of the Growth Pro-
duction or Manufacture of Europe as shall be imported into any
of them from any other Place whatsoever by Land or Water,
^ Plantation in the original Ms.
* Hereafter belong in the original Ms.
' The original Ms. has or.
74 GRANT TO THE DUKE OF YORK [March 12/22
and if by Water, of the Ship, or Vessell alsoe in which they were
imported with all her Guns Tackle Furniture Ammujiition and
Apparell. . . .
[V.] Provided alwayes . . . That it shall and may be lawfull
to shipp and lade in such Shipps, and soe navigated as in the
foregoeing Clause is sett downe and expressed in any part of
Europe Salt for the Fisheries of New England and New found
land, and to shipp and lade in the Medera's Wines of the Growth
thereof, and to shipp and lade in the Westerne Islands or Azores
Wines of the Growth of the said Islands, and to shipp [or ^] take
in Servants or Horses in Scotland or Ireland, and to shipp or
lade in Scotland all sorts of Victuall of the Growth or Produc-
tion of Scotland, and to shipp or lade in Ireland all sortes of
Victuall of the Growth or Production of Ireland, and the same
to transport into any of the said Lands Islands Plantations Colo-
nyes Territories or Places, Any thing in the foregoing Clause in
the contrary in any wise notwithstanding.
[VII.] And it is hereby further enacted That if any Officer of
the Customes in England Wales or Towne of Berwicke upon
Tweede shall give any Warrant for or suffer any Sugar, Tobaccho,
Ginger, Cotton, Wooll, Indico Sj^eckle Wood or Jamaica Wood
Fusticke or other Dying Wood of the growth of any of the said
Lands Islands Colonyes Plantations Territories or Places to be
carryed into any other Countr}' or Place whatsoever untill they
have beene first unladen bona fide and putt on shore in some
Port or Haven in England or Wales or in the Towne of Berwicke,
that every such Officer for such Offence shall forfeite his place
and the value of such of the said Goods as he shall give Warrant
for or suffer to passe into any other Country or Place. . . .
No. 20. Grant to the Duke of York
March xa/sa, 1663/4
The province of New Nethcrland, granted to the Duke of York, brother of
Charles II., in March, 1663/4, was not surrendered to the English until the
^ And in the original Ms.
1663/4I GRANT TO THE DUKE OF YORK 75
foilowing August. By the treaty of Breda, in 1667, the English occupation
was confirmed. On the renewal of the war between England and the United
Netherlands, in March, 1672/73, New York was retaken by the Dutch,
and a general act of confiscation was passed, including in its scope property
of the King and of the Duke of York; but the treaty of Westminster, in 1674,
proriding for a mutual restoration of conquests, reestablished the English
control. To remove any doubt as to the validity of the grant of 1664, &nd
other grants made under it, due to the temporary occupation by the Dutch,
a second grant was made June 29/ July 9, 1674, in terms only verbally
different from the first.
References. — Text in Documents relating to the Colonial History of New
York, II., 295-298. On the English conquest, see Sainsbury's Calendar 0/
State Papers, Colonial, V. The so-called *' Duke of York's Laws," 1676-
1682, have been reprinted by the State of Pennsylvania (Harrisburg, 1879),
in a volume containing also the charter and early laws of Pennsylvania.
CHARLES the Second, . . . [&c.] . . . Know ye that we
... Do Give and Grant unto our Dearest Brother James Duke
of York his Heirs and Assigns All that part of the maine Land of
New England beginning at a certain place called or known by the
name of St Croix next adjoining to New Scotland in America and
from thence extending along the Sea Coast unto a certain place
called Petuaquine or Pemaquid and so up the River thereof to the
furthest head of the same as it tcndeth Northwards and extending
from thence to the River Kinebequi and so Upwards by the
Shortest course to the River Canada Northward And also all
that Island or Islands commonly called by the several name or
names of Matowacks or Long Island situate lying and being
towards the West of Cape Cod and the Narrow Higansetts abut-
ting upK>n the main land between the two Rivers there called or
knoi/v-n bv the several names of Connecticut and Hudsons River
together also with the said River called Hudsons River and all
the Land from the West side of Connecticut to the East side of
Delaware Bay and also all those several Islands called or known
by the Names of Martin's Vinyard and Nantukes otherwise Nan-
tuckett. . . . And the said James Duke of York doth . . .
covenant and promise to yield and render unto us ... of and
for the same yearly . . . forty Beaver skins when they shall be
demanded or within Ninety days after And We do further . . .
Grant unto . . . James Duke of York his Heirs, Deputies,
Agents, Commissioners and Assigns by these presents full and
76 SECOND CHARTER OF CAROLINA [June 30/July la
absolute power and authority to correct, punish, pardon, govern
and rule all such the subjects of us . . . who may from time
to time adventure themselves into any the parts or places afore-
said or that shall or do at any time hereafter inhabit within the
same according to such Laws, Orders, Ordinances, Directions
and Instruments as by our said Dearest Brother or his Assigns
shall be established ... So always as the said Statutes Ordi-
nances and proceedings be not contrary to but as near as con-
veniently may be agreeable to the Laws, Statutes & Government
of this Our Realm of England And saving and reserving to us
... the receiving, hearing and determining of the Appeal and
Appeals of all or any Person or Persons of in or belonging to the
territories or Islands aforesaid in or touching any Judgment or
Sentence to be there made or given And further that it shall . . .
be lawful ... for our said Dearest Brother his Heirs and Assigns
by these presents from time to time to nominate, make, constitute,
ordain and confirm by such name or names stile or stiles as to him
or them shall seem good and Mkewise to revoke, discharge, change
and alter as well all and singular Governors, Officers and Minis-
ters which hereafter shall be by him or them thought fit and need-
ful to be made or used within the aforesaid parts and Islands
And also to make, ordain and establish all manner of Orders,
Laws, directions, instructions, forms and Ceremonies of Govern-
ment and Magistracy fit and necessary for and Concerning the
Government of the territories and Islands aforesaid so always as the
same be not contrary to the laws and statutes of this Our Realm
of England but as near as may be agreeable thereunto. . . .
No. 21. Second Charter of Carolina
June 30/July xo, X665
Although the Heath grant of 1629 had been declared void by an order in
council, it had not been judicially annulled ; and it was, apparently, to quiet
the title to the province, as well as to enlarge the boundaries, that the second
Carolina charter was obtained. With the exception of the definition of boun-
daries, given in the extract following, the provisions of the two charters are
similar. The proprietary government under the charter continued, with
1665I SECOND CHARTER OF CAROLINA 77
many vicissitudes, until 17 19, when it was overthrown; but the proprietors
maintained their ownership until 1729, when the title of seven-eighths of the
cnlooy was purchased by the Crown. The proprietor of the remaining one-
dghth. Lord Carteret, exchanged his portion in 1 743 for a narrow strip of
laod between 35® 34' north latitude and the southern boundary of Virginia,
vhich he retained until the Revolution. During most of the proprietary
period the northern and southern colonies enjoyed separate governments,
iHhough the province was held as a unit; but with the purchase of the
proprietary title by the Crown, in 1729, North and South Carolina became
separate royal provinces, and so continued until the adoption of State consti-
tadons in 1776.
Refejlences. — Text in Statutes at Large of South Carolina (Cooper's ed.,
1836), I., 31-40.
CHARLES the Second, . . . [ &c.] . . . WHEREAS, by our
Letters Patents, bearing date . . . [March 24, 1663,] . . . We
were graciously pleased to grant unto . . . Edward Earl of Clar-
endon, our High Chancellor of England . . . [and others] . . .
all that province . . . called Carolina, situate, lying and being
within our dominions of America; extending from the north end
of the island called Luke-Island, which lieth in the Southern
Virginia seas, and within thirty-six degrees of north latitude ; and
to the west, as far as the South-Seas; and so respectively as far as
the river of Matthias, which bordereth upon the coast of Florida,
and within thirty-one degrees of north latitude; and so west,
in a direct line, as far as the South-Seas aforesaid.
2d. Now know ye, that we . . are graciously pleased to
enlarge our said grant unto them, according to the bounds and
limits hereafter specified, ... all that Province, territory, or
tract of ground, scituate, lying and being within our domin-
ions of America aforesaid, extending north and eastward as
far as the north end of Charahake river or gulet, upon a
streight westerly line to Wyonoake Creek, which lies within
or about the degrees of thirty-six, and thirty minutes northern
latitude, and so west in a direct line as far as the South-seas; and
South and Westward as far as the degrees of twenty-nine inclusive
northern latitude, and so west in a direct line, as far as the South
Seas; together with all and singular ports, harbours, bays, rivers,
and islets, belonging unto the Province or territory aforesaid. . . .
4th. And that the Province or territory hereby granted and
described, may be dignified with as large Titles and Priviledges
78 THIRD NAVIGATION ACT [1671
as any other parts of our Dominions and territories in that region,
Know ye, that we . . . do . . . annex and unite the same to the
said Province of Carolina. . . .
No. 22. Third Navigation Act
1672
The immediate object of the act of 1672 was to prevent the illegal trade in
tobacco between the American colonies and the continent of Europe. To-
bacco was one of the articles which, by the Navigation Act of 1660, could be
exported only to England or to another colony ; but the increasing demand for
this product, together with the high price which must be paid for such tobacco
as had paid customs duty in England, served to encourage smuggling and
illicit trade. The distinguishing feature of the act of 1672 is the requirement
of a bond that the " enumerated articles" would be landed in England, and the
imposition of specified duties in case of failure of the merchant to comply.
References. — Text in Statutes of the Realm, V., 792, 793. The act is
cited as 25 Car. II., c. 7. The regulation of the trade in tobacco was the
subject of various acts; these are enumerated and discussed in the work of
Beer, cited under No. 15, ante.
An Act for the incouragement of the Greeneland and Eastland
Trades, and for the better secureing the Plantation Trade.
. [V.] And whereas by . . . [the Navigation Act of 1660] . . . ,
and by several! other Lawes passed since that time it is permitted to
shipp, carry, convey and transport Sugar, Tobacco, Cotton-wooU,
Indicoe, Ginger, Fusticke and all other Dying wood of the Growth,
Production and Manufacture of any of your Majestyes Planta-
tions in America, Asia or Africa from the places of their Growth
Production and Manufacture to any other of your Majestyes
Plantations in those Parts (Tangier onely excepted) and that
without paying of Custome for the same either at ladeing or
unladeing of the said CommodityCs by meanes whereof the Trade
and Navigation in those Commodityes from one Plantation to
another is greatly increased, and the Inhabitants of diverse of
those Colonies not contenting themselves with being supplyed
with those Commodities for their owne use free from all Customes
(while the Subjects of this your Kingdome of England have paid
1^2] THIRD NAVIGATION ACT 79
great Customes and Impositions for what of them hath beene
spent here) but contrary to the expresse Letter of the aforesaid
Lawes have brought into diverse parts of Europe great quantities
thereof, and doe alsoe [dayly^] vend great quantities thereof to
the shipping of other Nations who bring them into diverse parts
of Europe to the great hurt and diminution of your Majestyes
Customes and of the Trade and Navigation of this your King-
dome ; For the prevention thereof . . . bee it enacted . . . That
from and after . . . [September i, 1673,] • • • If any Shipp or
Vessell which by Law may trade in any of your Majesties Planta-
tions shall come to any of them to shipp and take on board any
of the aforesaid Commodities, and that Bond shall not be first
given with one sufficient Surety to bring the same to England or
Wales or the Towne of Berwicke upon Tweede and to noe other
place, and there to unloade and putt the same on shoare (the
danger of the Seas onely excepted) that there shall be . . . paid
to your Majestie ... for soe much of the said Commodities as
shall be laded and putt on board such Shipp or Vessell these
following Rates and Dutyes, That is to say
For Sugar White the hundred Weight containing one hundred
and twelve pounds five shillings ;
And Browne Sugar and Muscavadoes the hundred weight con-
taining one hundred and twelve pounds one shilling [and'] six
pence;
For Tobacco the pound one penny;
For Cotton-wooll the pound one halfe-penny;
For Indicoe the pound, two pence ;
For Ginger the hundred Weight containing one himdred and
twelve pounds one shilling;
For Logwood the hundred Weight containing one hundred aid
twelve jx)unds, five pounds,
For Fusticke and all other Dying-wood the hundred Weight
containing one hundred and twelve pounds six pence;
And alsoe for every pound of Cacao-nutts one penny . . ,
* Interlined in the Roll.
' 6^* in the original.
8o CHARTER OF PENNSYLVANIA [March 4/14
No. 23. Charter of Pennsylvania
March 4/14, x68o/8x
William Penn inherited from his father, Admiral Perm, a claim against
the King, Charles II., which eventually amounted to some £16,000. On
account of this claim, which was not formally relinquished, and also with a
view to founding a colony under Quaker rule, Penn petitioned, in June,
1680, for a grant of land in America. The petition indicated the extent of
the desired grant; but experience had made the colonial authorities in Eng-
land cautious, and Penn's application, though favored by the King and the
Duke of York, was carefully considered. The representatives of the Duke
and of Lord Baltimore were consulted, and took a prominent part in the
negotiations; but in December the attorney-general reported that the pro-
posed grant did not interfere with their territorial claims. The boundaries
were approved Jan. 15/25, 1680/81, and March 4/14 the charter was issued.
* The original draft of the charter, drawn up by Penn on the model of the
charter of Maryland, was revised by Chief Justice North, and important
modifications introduced. A royal proclamation of April 2/12 announced
the issuance of the charter, and commanded obedience to its provisions.
Penn shortly issued a pamphlet setting forth the advantages of the region
and the conditions of settlement. In August, 1682, he obtained from the
Duke of York a quit-claim deed of the territory included in Pennsylvania,
and two deeds of feofment, one of Newcastle, with the land within a twelve-
mile circuit about it, and the other of the land between Newcastle and Cape
Henlopen.
References. — Text in Charter and Laws of Pennsylvania (Harrisburg,
1879), 81-90. An abstract of Penn's proposals is in Hazard's Annals of
Pennsylvania^ So5~5i3I ^^^c deeds from the Duke of York are also in id.,
586-593. For the early documentary history, see Votes of Assembly y I.;
Colonial Records^ I.; Hazard's Pennsylvania Archives^ I. Shepherd's
History of Proprietary Government in Pennsylvania (Columbia Univ. Studies^
VI.) is of prime importance.
CHARLES THE SECOND [&c.] . . . Knowe yee . . .
that wee, favouring the petition and good purpose of the said Wil-
liam Penn, and haveing regard to the memorie and meritts of his
late father, in divers services, and perticulerly to his Conduct,
courage and discretion under our dearest brother, James, Duke
of yorke, in that signall Battell and victorie, fought and obteyned
against the Dutch fleete, comanded by the Herr Van Obdam,
... [in 1665,] ... In consideration thereof ... by this Our
present Charter . . . Doe give and grant unto the said Wil-
i68o/8il CHARTER OF PENNSYLVANIA 8l
liam Penn, his heires and assignes All that Tract or parte of land
in America, with all the Islands therein conteyned, as the same
is bounded on the East by Delaware River, from twelve miles
distance, Northwarde of New Castle Towne unto the three and
fortieth degree of Northeme Latitude if the said River doeth extend
soc farre Northwards; But if the said River shall not extend soe
fane Northward, then by the said River soe farr as it doth extend,
and from the head of the said River the Easteme Bounds are to bee
determined hy a Meridian Line, to bee drawne from the head of
the said River unto the said three and fortieth degree. The said
lands to extend westwards, five degrees in longitude, to bee com-
puted from the said Eastern Bounds, and the said lands to bee
bounded on the North, by the beginning of the three and fortieth
degree of Northern latitude, and on the South, by a Circle drawne
at twelve miles, distance from New Castle Northwards, and
Westwards unto the beginning of the fortieth degree of Northeme
Latitude; and then by a streight Line westwards, to the Limitt
of Longitude above menconed. Wee Doe also . . . grant unto
the said William Penn . . . the free and undisturbed use, and
continuance in and passage into and out of all and singuler Ports,
harbours, Bayes, waters. Rivers, Isles and Inletts, belonging unto or
leading to and from the Countrey, or Islands aforesaid; . . . and
him the said William Penn, his heires and Assignes, Wee do, by this
our Royall Charter . . . make. Create . . . the true and absolute
Froprietaries of the Countrey aforesaid, and of all other, the
premisses, saving alwayes to us . . . the faith and allegiance of
the said Wlliam Penn . . . , and of all other, the proprietaries.
Tenants and Inhabitants that are, or shall be within the Ter-
ritories and Precincts aforesaid; and Saving also unto us . . .
the Sovreignity of the aforesaid CounLcy. ... To bee holden of
us ... as of our Castle of Windsor, in our County of Berks, in
free and comon socage by fealty only for all services, and not in
Capite or by Knights service, Yeelding and paying therefore . . .
two beaver Skins ... in every yeare; and also the fifth parte
of aQ Gold and Silver Oare, which shall from time to time happen
to be found within the Limitts aforesaid, cleare of all Charges,
and . . . wee doe hereby erect the aforesaid Countrey and Islands,
into a Province and Seigniorie, and doe call itt Pensilvania . . .
[The proprietor may make laws with the assent of the freemen,
82 CHARTER OF PENNSYLVANIA [March 4/14
appoint. magistrates and other officers, and punish all crimes and
offences except treason and murder.] Provided, Nevertheles, that
the said Lawes bee consonant to reason, and bee not repugnant
or contrarie, but as neare as conveniently may bee agreeable to
the Lawes, Statutes and rights of this our Kingdome of England,
And Saveing and reserving to us. Our heirs and Successors, the
receiving, heareing and determining of the Appeale and Appeales,
of all or any person or persons, of, in or belonging to the Ter-
ritories aforesaid, or touching any Judgement to bee there made
or given ... [In emergencies, the proprietor or his representa-
tives may make ordinances without the consent of the freemen;
the same to be agreeable to the laws of England] . . . And
to the End the said William Penn, or heires, or other, the Planters,
Owners or Inhabitants of the said Province, may not att any
time hereafter, by misconstrucon of the powers aforesaid, through
inadvertiencie or designe, depart from that faith and due alle-
giance which by the Lawes of this our Realme of England, they
and all our subjects, in our Dominions and Territories, always
owe unto us ... by colour of any extent or largenesse of powers
hereby given, or pretended to bee given, or by force or colour of
any lawes hereafter to bee made in the said Province, by vertue
of any such powers. Our further will and pleasure is, that a
transcript or Duplicate of all lawes which shall bee soe as afore-
said, made and published within the said province, shall within
five yeares after the makeing thereof, be transmitted and delivered
to the privy Councell . . . ; And if any of the said Lawes within
the space of six months, after that they shall be soe transmitted
and delivered, bee declared by us ... in our . . . privy Councell,
inconsistent with the sovereignety or lawfuU prerogative of us
... or contrary to the faith and allegiance due by [to] the legall
Government of this realme, from the said William Penn, or his
heires, or of the Planters and Inhabitants of the said province; and
that thereupon any of the said Lawes shall bee adjudged and
declared to bee void . . . that then, and from thenceforth such
Lawes concerning which such Judgement and declaracon shall
be made, shall become voyd, otherwise the said lawes soe trans-
mitted, shall remaine and stand in full force according to the true
intent and meaneing thereof. . . . We Will alsoe, and by these
presents . . . doe . . . grant licence . . . unto the said William
i68o/8il CHARTER OF PENNSYLVANIA 83
Penn . . . and to all the inhabitants and dwellers in pvince afore-
said ... to import or unlade by themselves or theire Servants,
Sactors dr assignes, all merchandizes and goods whatsoever, that
shall arise of the fruites and comodities of the said province, either
by Land or Sea, into any of the ports ... in our kingdome of
En^and, and not into any other countrey whatsoever. And Wee
give him full power to dispose of the said goods in the said ports,
aad if need bee, within one yeare next after the unladeing of the
same, to Lade the said Merchandizes and goodes again into the
same or other shipps, and to export the same into any other
Countreys, either of our Dominions or flforreigne, according to
Lawe : Provided alwayes, that they pay such customes and impo-
sicons, subsidies and duties for the same ... as the rest of our
subjects of our kingdome of England, for the time being shall be
buund to pay. And doe observe the Acts of Navigation and other
Lawes in that behalfe made. . . . And Wee doe further : . .
ordaine . . . That he the said William penn . . . may from
time to time forever, have and enjoy the Customes and Subsidies
in the ports, harbours and other Creeks, and places aforesaid,
within the pvince aforesaid, payable or due for merchandizes and
wares, there to be Laded and unladed, the said Customes and
Subsidies to be reasonably assessed, upon any occasion by them-
selves, and the people there as aforesaid, to be assembled to whom
wee Give power, by these presents ... to assesse and impose the
same, Saveing unto us . . . such imposicons and customes as by
Act of parliament are and shall be appointed . . . [The pro-
prietor to appoint an agent, who shall reside in England.] . . .
And further . . . Wee doe Covenant and grant to and with the
said William Penn, and his heires and assignes. That Wee . . .
shall att no time hereafter sett or make, or cause to be sett, any
impossicon, custome or other taxacon, rate or contribucon what-
soever, in and upon the dwellers and inhabitants of the aforesaid
pvince, for their Lands, tenements, goods or chattels, within the
said province, or in and upon any goods or merchandize within the
said pvince, or to be laden or unladen within the ports or har-
bours of the said pvince, unles the same be with the consent of
the pprietary, or chiefe Governor and assembly, or by Act of
parliament in England. . . . And . . . Wee doe hereby . . .
charge and require that if any of the inhabitants of the said pvince,
84 SECOND CHARTER OF MASSACHUSETTS [Oct. 7/17
to the number of Twenty, shall att any time hereafter be desirous,
and shall by any writeing or by any pson deputed for them, signify
such their desire to the Bishop of London, that any prftacher or
preachers to be approved of by the said Bishop, may be sent unto
them for their instruccon, that then such preacher or preachers,
shall and may be and reside within the said pvince, without any
deniall or molestacon whatsoever. . . .
No. 24. Second Charter of Massachusetts
October 7/17, 1691
In April, 1688, Increase Mather was sent to England to urge a restoration
of the Massachusetts charter of 1629; and after the flight of James II. and
the deposition of Andros, government under the charter was temp>orarily
resumed. In January, 1688/9, Mather learned that *'a circular letter was to
be sent to all the plantations confirming the existing governments until further
orders." He succeeded in stopping the dispatch of the letters intended for
New England, and thus prevented the reinstatement of Andros, who was
shortly made governor of Virginia. When it became clear that the old
charter would not be restored, and that Massachusetts would remain a royal
province, Mather and two other representatives of the colony petitioned for
a new charter. The petition was favorably received, and the instrument was
drafted in consultation with the agents.
References. — Text in A els and Resolves of the Province of Massachusetts
Bay, I., 1-20. On the vacating of the charter of 1629, see Toppan's Edward
Randolph (Prince Soc. Publ.), I., II.; the exemplification is in Mass. Hist,
Coll., Fourth Series, II., 246-278.
[The charter begins by reciting the grant of a patent in 1620
to the Council for New England, the grant by the Council to the
Massachusetts Bay Company in 1628, the royal charter of 1629,
and the vacating of the charter by a judgment in chancery in
1684, and continues:]
8nll HBfjcreag severall persons employed as Agents in behalfe
of Our said Collony of the Massachusetts Bay in New England
have made their humble application unto Us that Wee would be
graciously pleased by Our Royall Charter to Incorporate Our
Subjects in Our said Collony . . . And alsoe to the end Our good
Subjects within Our Collony of New Plymouth in New England
aforesaid may be brought under such a forme of Government as
!69il SECOND CHARTER OF MASSACHUSETTS 85
may put them in a better Condition of defence . . . Wee doe by
Aesc presents for Us Our Heirs and Successors Will and Ordeyne
that the Territories and Collonyes comonly called or known by the
Names of the Collony of the Massachusetts Bay and CoUony of
New Plymouth the Province of Main the Territorie called Accadia
or Nova Scotia and all that Tract of Land lying betweene the said
Territori/ories of Nova Scotia and the said Province of Main be
Erected United and Incorporated . . . into one reall Province by
die Name of Our Province of the Massachusetts Bay in New
En^nd And . . . Wee doe . . . grant unto ... the Inhabit-
ants of . . . the Massachusetts Bay and their Successors all that
parte of New England in America lying and extending from the
greate River commonly called Monomack alias Merrimack on the
Northpart and from three Miles Northward of the said River to
the Atlantick or Western Sea or Ocean on the South part And all
the Lands and Hereditaments whatsoever lying within the limitts
aforesaid and extending as farr as the Outermost Points or Prom-
ontories of Land called Cape Cod and Cape Mallabar North and
South and in Latitude Breadth and in Length and Longitude of and
within all the Breadth and Compass aforesaid throughout the
Main Land there from the said Atlantick or Western Sea and
Ocean on the East parte towards the South Sea or Westward as
far as Our Collonyes of Rhode Island Connecticutt and the
Managansett [NarraganseU] Countrey all alsoe all that part or
portion of Main Land beginning at the Entrance of Pescata way
Harbour and soe to pass upp the same into the River of Newicke-
wannock and through the same into the furthest head thereof and
from thence Northwestward till One Hundred and Twenty Miles
be finished and from Piscata way Harbour mouth aforesaid North-
Eastward along the Sea Coast to Sagadehock and from the Period
of One Hundred and Twenty Miles aforesaid to crosse over Land
to the One Hundred and Twenty Miles before reckoned up into
the Land from Piscataway Harbour through Newickawannock
River and also the North halfe of the Isles and [oj] Shoales to-
gether with the Isles of Cappawock and Nantukett near Cape
Cod aforesaid and alsoe [all] Lands and Hereditaments lying
and being in the Countrey and Territory commonly called Accadia
or Nova Scotia And all those Lands and Hereditaments lying and
extending betweene the said Countrey or Territory of Nova Scotia
86 SECOND CHARTER OF MASSACHUSETTS [Oct. 7/17
and the said River of Sagadahock or any pah thereof . . . and
alsoe all Islands and Isletts lying within tenn Leagues directly
opposite to the Main Land within the said bounds . . . And Wee
doe further . . . ordeyne that . . . there shall be one Govemour
One Leiutenant or Deputy Governour and One Secretary of Our
said Province or Territory to be from time to time appointed and
Commissionated by Us . . . and Eight and Twenty Assistants
or Councillors to be advising and assisting to the Govemour . . .
for the time being as by these presents is hereafter directed and
appointed which said Councillors or Assistants are to be Con-
stituted Elected and Chosen in such forme and manner as hereafter
in these presents is expressed And for the better Execution of Our
Royall Pleasure and Grant in this behalfe Wee . . . Nominate
. . . Simon Broadstreet John Richards Nathaniel Saltenstall Wait
Winthrop John Phillipps James Russell Samuell Sewali Samuel
Appleton Barthilomew Gedney John Hawthorn Elisha Hutchin-
son Robert Pike Jonathan Curwin John Jolliffe Adam Winthrop
Richard Middlecot John Foster Peter Serjeant Joseph Lynd
Samuell Hayman Stephen Mason Thomas Hinckley William
Bradford John Walley Barnabas Lothrop Job Alcott Samuell
Daniell and Silvanus Davis Esquiers the first and present Coun-
cillors or Assistants of Our said Province . . . Snti SBee doe
further . . . appoint . . . Isaac Addington Esquier to be Our
first and present Secretary of Our said Province during Our
Pleasure anti ®ur Will and Pleasure is that the Govemour . . .
shall have Authority from time to time at his discretion to assemble
and call together the Councillors or Assistants . . . and that the
said Govemour with the said Assistants or Councillors or Seayenol
them at the least shall and may from time to time hold and keep
a Councill for the ordering and directing the Affaires of Our said
Province 3nti furtljer Wee Will . . . that there shall ... be
convened . . . by the Govemour . . . upon every last Wednesday
in the Moneth of May every yeare for ever and at all such other
times as the Governour . . . shall think fitt and appoint a great
and Generall Court of Assemblv Which . . . shall consist of the
Govemour and Councill or Assistants . . . and of such Free-
holders ... as shall be from time to time elected or deputed by
the Major parte of the Freeholders and other Inhabitants of the re-
spective Townes or Places who shall be present at such Elections
ifijil SECOND CHARTER OF MASSACHUSETTS 87
Each of the said Townes and Places being hereby impowered to
Elect and Depute Two Persons and noe more to serve for and
rtfmsent them respectively in the said Great and Opripral]. rnnr|
... To which Great and Generall Court . . . Wee doe hereby
. . . grant full power and authority from time to time to direct . . .
what Number each County Towne and Place shall Elect and
Depute to serve for and represent them respectively . . . Probttieti
aJwayes that noe Freeholder or other Person shall have a Vote in
the Ejection of Members . . . who at the time of such Election
shall not have an estate of Freehold in Land within Our said
Pirovince or Territory to the value of Forty Shillings per Annum
at the least or other estate to the value of Forty * pounds Sterling
And that every Person who shall be soe elected shall before he sitt
or Act in the said Great and Generall Court . . . take the Oaths
mentioned in an Act of Parliament made in the first yeare of Our
Rdgne Entituled an Act for abrogateing of the Oaths of Alle-
ipance and Supremacy and appointing other Oaths and thereby
appointed to be taken instead of the Oaths of Allegiance and
Supremacy and shall make Repeat and Subscribe the Declaration
xnentioned in the said Act . . . and that the Governour for the
time being shall have full power and Authorityfrbm time to time
as he shall Judge necessary to adjourne Prorogue and dissolve
all Great and Generall Courts . . . met and convened as aforesaid
And . . . Wee doe . . . Ordeyne that yearly once in every yeare
... the aforesaid Number of Eight and Twenty Councillors or
Assistants shall be by the Generall Court . . . newly chosen that
is to say Eighteen at least of the Inhabitants of or Proprietors of
Lands within the Territory formerly called the CoUony of the
Massachusetts Bay and four at the least of the Inhabitants of or
Proprietors of Lands within the Territory formerly called New
Pljmiouth and three at the least of the Inhabitants of or Proprietors
of Land within the Territory formerly called the Province of Main
and one at the least of the Inhabitants of or Proprietors of Land
within the Territory lying between the River of Sagadahoc and
Nova Scotia . . . [The General Court may remove assistants
from office, and may also fill vacancies caused by removal or death.]
And Wee doe further . . . Ordeyne that it shall and may be
^ See note in AOs and Resolves, vol. I., p. 393. — Ed.
88 SECOND CHARTER OF MASSACHUSETTS [Oct. 7/17
lawful! for the said Governour with the advice and consent of
the Councill or Assistants from time to time to nominate and
appoint Judges Commissioners of Oyer and Terminer Sheriffs
Provosts Marshalls Justices of the Peace and other OflScers to
Our Councill and Courts of Justice belonging . . . and for the
greater E^se and Encouragement of Our Loveing Subjects In-
habiting our said Province . . . and of such as shall come to
Inhabit there We doe . . . Ordaine that for ever hereafter there
shall be a liberty of Conscience allowed in the Worshipp of God
to all Christians (Except Papists) Inhabiting . . . within our said
Province . . . [Courts for the trial of both civil and criminal
cases may be established by the General Court, reserving to the
governor and assistants matters of probate and administration.]
3nti tufjereas Wee judge it necessary that all our Subjects should
have liberty to Appeale to us ... in Cases that may deserve
the same Wee doe . . . Ordaine that incase either party shall not
rest satisfied with the Judgement or Sentence of any Judicatories
or Courts within our said Province ... in any Personal! Action
wherein the matter in difference doth exceed the value of three
hundred Pounds Sterling that then he or they may appeale to us
... in our . . . Privy Councill . . . 3nti we doe further
. . . grant to the said Governor and the great and General!
Court . . . full power and Authority from time to time to make
... all manner of wholesome and reasonable Orders Laws
Statutes and Ordinances Directions and Instructions either with
penalties or without (soe as the same be not repugnant or con-
trary to the Lawes of this our Real me of England) as they shall
Judge to be for the good and welfare of our said Province. . . .
And for the Government and Ordering thereof and of the People
Inhabiting ... the same and for the necessary support and
Defence of the Government thereof [and also] full power and
Authority to name and settle Annually all Civil! Officers within
the said Province such Officers Excepted the Election and
Constitution of whome wee have by these presents reserved to us
... or to the Governor . . . and to Settforth the several! Duties
Powers and Lymitts of every such Officer . . . and the forms of
such Oathes not repugnant to the Lawes and Statutes of tliis our
Realme of England as shall be respectively Administred unto
them for the Execution of their several! Offices and places And
1691] SECOND CHARTER OF MASSACHUSETTS 89
aboe to impose Fines mulcts Imprisonments and other Punish-
mBits And to Impose and leavy proportionable and reasonable
Assessments Rates and Taxes upon the Estates and Persons of all
ind every the Proprietors and Inhabitants of our said Province
or Territory ... for Our Service in the necessary defence and
support of our Government of our said Province . . . and the
Ptotection and Preservation of the Inhabitants there according to
9^ Acts as are or shall be in force within our said Province . . .
[The governor to have a veto on elections and acts of the General
Court] . . . 3lntl wee doe . . . Ordaine that the said Orders
Laws Statutes and Ordinances be by the first opportunity after the
makeing thereof sent or Transmitted unto us . . . for Our . . .
approbation or Disallowance And that incase all or any of them
shall at any time within the space of three yeares next after the
same shall have been presented to us ... in Our . . . Privy
Councill be disallowed and rejected . . . then such ... of
them as shall be soe disallowed . . . shall thenceforth cease
and determine and become utterly void and of none effect [Laws,
&c., not disallowed within the three years, to remain jn force
until repealed by the General Court. Grants of land by the
General Court, within the limits of the former colonies of Massa-
chusetts Bay and New Plymouth, and the Province of Maine,
excepting the region north and east of the Sagadahoc, to be
valid without further royal approval. The governor shall direct
the defense of the province, and may exercise martial law in case
of necessity;] . . . Ptobftetl alwayes . . . That the said Govem-
our shall not at any time hereafter by vertue of any power hereby
granted or hereafter to be granted to him Transport any of the
Inhabitants of Our said Province ... or oblige them to march
out of the Limitts of the same without their Free and voluntary
consent or the Consent of the Great and Generall Court . . .
nor grant Commissions for exercising the Law Martiall upon any
the Inhabitants of Our said Province . . . without the Advice
and Consent of the Councill or Assistants of the same . . . ^^ro-
bibtXl alwaies . . . that nothing herein shall extend or be taken
to . . - allow the Exercise of any Admirall Court Jurisdiction
Power or Authority but that the same be and is hereby reserved
to Us . . . and shall from time to time be . . . exercised by
vertue of Commissions to be yssued under the Great Seale of
go NAVIGATION ACT [April 10/ w
England or under the Seale of the High Admirall or the Commis-
sioners for executing the Office of High Admirall of England. . . .
3ntl lajstlg for the better provideing and furnishing of Masts for
Our Royall Navy Wee doe hereby reserve to Us . . . all Trees
of the Diameter of Twenty Four Inches and upwards of Twelve
Inches from the ground growing upon any soyle or Tract of Land
within Our said Province . . . not heretofore granted to any
private persons And Wee doe restraine and forbid all persons
whatsoever from felling cutting or destroying any such Trees
without the Royall Lycence of Us ... first had and obteyned
upon penalty of Forfeiting One Hundred Pounds sterling unto
Ous[Us] . . . for every such Tree so felled cutt or destroyed. . . .
No. 25. Navigation Act
April xo/ao, x6g6
The Navigation Act of 1672, besides laying duties on certain "enumerated
articles," had aimed to provide a more effective system of administration for
the colonial customs service; but in the years immediately following the
revolution of 1688, the acts of trade, never much regarded in the colonies,
were exten^vely violated. In particular, the lack of a system of registry for
English-built ships made the enforcement of the acts difficult, and led to
complaints from British merchants of loss of revenue; and it was to supply
this lack that the act of 1696 was especially designed. "All further shipping
laws were in the nature of detailed regulations, and this act . . . may be said
to have added the finishing touch to the colonial system so far as shipping
was concerned" (Channing).
References. — Text in Statutes of the Realm^ VII., 103-107. The act is
cited as 7 and 8 Wm. III., c. 22.
An Act for preventing Frauds and regulating Abuses in the
Plantation Trade.
pElecital that notwithstanding 12 Car. II., c. 18, 15 Car. 11.,
c. 7, 22 & 23 Car. II., c. 26, and 25 Car. II., c. 7, great abuses
are committed:] For Remedy thereof for the future bee itt en-
acted . . . That after . . . [March 25, 1698,] . . . noe Goods
or Merchandizes whatsoever shall bee imported into or exported
out of any Colony or Plantation to His Majesty in Asia Africa or
\ />- ■■■'
rf94 NAVIGATION ACT 91
belonging or in his Possession or which may hereafter
bekmg unto or bee in the Possession of His Majesty ... or
sbaH bee laden in or carried from any One Port or Place in the
aid G>lonies or Plantations to any other Port or Place in the
ame, the Kingdome of England Dominion of Wales or Towne
of Berwick upon Tweed in any Shipp or Bottome but what is
or shall bee of the Built of England or of the Built of Ireland
or flic said Colonies or Plantations and wholly owned by the
Ptople thereof or any of them and navigated with the Masters
and Three Fourths of the Mariners of the said Places onely (ex-
cept such Shipps onely as are or shall bee taken Prize . . . And
aboc except for the space of Three Yeares such Foreigne built
Shipps as shall bee employed by the Commissioners of His Maj-
esties Navy for the tyme being or upon Contract with them in
bringing onely Masts Timber and other Navall Stores for the
Kings Service from His Majesties Colonies or Plantations to this
Kingdome to bee navigated as aforesaid and whereof the Property
doth belong to English Men) under paine of Forfeiture of Shipp
and Goods. . . .
♦ ♦♦♦♦*♦♦
V. And for the more effectuall preventing of Frauds and regu-
lating Abuses in the Plantation Trade in America Bee itt further
enacted . . . That all Shipps comeing into or goeing out of any
of the said Plantations and ladeing or unladeing any Goods or
Commodities whether the same bee His Majesties Shipps of Warr
CM" Merchants Shipps and the Masters and Commanders thereof
and their Ladings shall bee subject and lyable to the same Rules
Visitations Searches Penalties and Forfeitures as to the entring
lading or dischargeing theire respective Shipps and Ladings as
Shipps and their Ladings and the Commanders and Masters of
Shipps are subject and lyable unto in this Kingdome . . . [by
virtue of the act 14 Chas. II., ch. ii], . . . And that the Officers
for collecting and manageing His Majesties Revenue and inspect-
ing the Plantation Trade in any of the said Plantations shall have
the same Powers and Authorities for visiting and' searching of
Shipps and takeing their Entries and for seizing and securing or
bringing on Shoare any of the Goods prohibited to bee imjwrted
or exported into or out of any the said Plantations or for which
any Duties are payable or ought to have beene paid by any of the
92 NAVIGATION ACT [April 10/20
before mentioned Acts as are provided for the Officers of the
Customes in England by the said last mentioned Act . . . [of 14
Chas. II., ch. II,] . . . and alsoe to enter Houses or Warehouses
to search for and seize any such Goods. . . .
XV. [(And*) bee itt further enacted . . . That all Persons
and theire Assignees claymeing any Right or (Property *) in any
Islands or Tracts of Land upon the Continent of America by
Charter or Letters Patents shall not att any tyme hereafter alien
sell or dispose of any of the said Islands Tracts of Land or
Proprieties other than to the Natural! Borne Subjects of
England Ireland Dominion of Wales or Towne of Berwick
upon Tweed without the License and Consent of His Majesty
. . . signifyed by His or Their Order in Councill first had and
obteyned. . . .]
XVI. [And for a more effectuall prevention of Frauds which
may bee used to elude the Intention of this Act by colouring
Foreigne Shipps under English Names Bee itt further enacted
. . . That from and after . . . [March 25, 1698,] . . . noe Shipp
or Vessell whatsoever shall bee deemed or passe as a Shipp of the
Built of England Ireland Wales Berwick Guernsey Jersey or of
any of His Majesties Plantations in America soe as to bee quaii-
fyed to trade to from or in any of the said Plantations untill the
Person or Persons claymeing Property in such Shipp or Vessell
shall register the same as followeth (that is to say) If the Shipp
att the tyme of such Register doth belong to any Port in Eng-
land Ireland Wales or to the Towne of Berwick upon Tweed
then Proofe shall bee made upon Oath of One or more of the
Owners of such Shipp or Vessell before the Collector and Comp-
troller of His Majesties Customes in such Port or if att the tyme
of such Register the Shipp belong to any of His Majesties Planta-
tions in America or to the Islands of Guernsey or Jersey then the
like Proofe to bee made before the Govemour together with the
Principall Officer of His Majesties Revenue resideing on such
Plantation or Island ...]'...
* * ♦ * ♦ ♦ 4c ♦
« Omitted in the Ms. • The Ms. has PropriHy.
* Tlie passage in brackets is annexed to the original act in a separate schedule.
10961 TREATY OF UTRECHT 93
No. 26. Treaty of Utrecht
March 3x/April xx, 17x3
By the second partition treaty between William III. and Louis XIV., in
1700, it had been agreed that the Spanish succession, on the death of Charles
11., should go to the Archduke Charles, son of the Emperor Leopold. But
Charles II. by will bequeathed all his possessions to Philip, Duke of Anjou,
gnndsoa of Louis, though with the proviso that the crowns of France and
Spain should never be united; and, on the death of Charles, Louis claimed
the inheritance for Philip. The seizure of the barrier fortresses, early in 1701,
vas soon followed by war in Italy between Leopold and the combined French
tad Spanish forces. William placed Marlborough in command of the Eng-
lish forces in the Netherlands, and in September formed, with Austria and the
Dutch Republic, the so-called Grand Alliance. The death of William, in
March, 1702, did not interrupt the war, and the Grand Alliance was shortly
jcHDed by most of the German princes. The European phases of the war of
the Spanish Succession, and the careers of Marlborough and Prince Eugene
of Savoy, do not call for discussion here. In America, where the war is
known as Queen Anne's war, the most important movements were in connec-
tion with the repeated attempts to conquer some part of the French pos-
sesions. After two unsuccessful expeditions, in 1704 and 1707, against
Acadia, Port Royal finally surrendered, in 17 10, to the English; but a com-
bined land and naval demonstration against Canada came to nothing. In
September, 1711, preliminary articles of peace were signed; the conferences
of the commissioners began in January, 171 2, at Utrecht; and March 31/
April II, 1713, the treaty was concluded. Only the principal articles relating
to America are given here.
Refzjlences. — Text in Chalmers's Collection of Treaties, I., 340-386.
Mahon's History of England [during the] Reign of Anne covers the period
of the war; sec also Lecky's England in the Eighteenth Century (.\mer. ed.),
I., 26-54, 106-158; TdLrkiDBn's Half Century of Conflict.
X. The said most Christian King shall restore to the kingdom
and Queen of Great Britain, to be possessed in full right for
ever, the bay and streights of Hudson, together with all lands,
seas, sea-coasts, rivers, and places situate in the said bay and
streights, and which belong thereunto, no tracts of land or of
sea being excepted, which are at present possessed by the sub-
jects of France. . . . But it is agreed on both sides, to deter-
mine within a year, by commissaries to be forthwith named by
each party, the limits which are to be fixed between the said Bay
of Hudson and the places appertaining to the French. . . . The
94 TREATY OF UTRECHT [March 31 /April xi
same commissaries shall also have orders to describe and settle,
in like manner, the boundaries between the other British and
French colonies in those parts.
XI. The abovementioned most Christian King shall take care
that satisfaction be given, according to the rule of justice and
equity, to the English company trading to the Bay of Hudson,
for all damages and spoil done to their colonies, ships, persons,
and goods, by the hostile incursions and depredations of the
French, in time of peace . . .
XII. The most Christian King shall take care to have delivered
to the Queen of Great Britain, on the same day that the ratifica-
tions of this treaty shall be exchanged, solemn and authentic
letters, or instruments, by virtue whereof it shall appear, that the
island of St. Christopher's is to be possessed alone hereafter by
British subjects, likewise all Nova Scotia or Acadie, with its
ancient boundaries, as also the city of Port Royal, now called
Annapolis Royal, and all other things in those parts, which de-
pend on the said lands and islands . . . ; and that in such ample
manner and form, that the subjects of the most Christian King
shall hereafter be excluded from all kind of fishing in the said
seas, bays, and other places, on the coasts of Nova Scotia, that is
to say, on those which lie towards the east, within 30 leagues,
beginning from the island commonly called Sable, inclusively, and
thence stretching along towards the south-west.
XIII. The island called Newfoundland, with the adjacent
islands, shall from this time forward belong of right wholly to
Britain ; and to that end the town and fortress of Placentia, and
whatever other places in the said island are in the possession of
the French, shall be yielded and given up, within seven months
from the exchange of the ratifications of this treaty, or sooner,
if possible, by the most Christian King, to those who have a
commission from the Queen of Great Britain for that purpose.
. . . Moreover, it shall not be lawful for the subjects of France to
fortify any place in the said island of Newfoundland, or to erect
any buildings there, besides stages made of boards, and huts
necessary and usual for drying of fish; or to resort to the said
island, beyond the time necessary for fishing, and drying of
fish. But it shall be allowed to the subjects of France to catch
fish, and to dry them on land, in that part only, and in no other
i;ij1 charter OF GEORGIA 95
besides that, of the said island of Newfoundland, which stretches
&om the place called Cape Bona vista to the northern point of
the said island, and from thence running down by the western
side, reaches as far as the place called Point Riche. But the
island called Cap>e Breton, as also all others, both in the mouth
of the river of St. Lawrence, and in the gulph of the same name,
shall hereafter belong of right to the French, and the most Chris-
dan King shall have all manner of liberty to fortify any place or
places there.
XIV. It is expressly provided, that in all the said places and
colonies to be yielded and restored by the most Christian King,
in pursuance of this treaty, the subjects of the said King may
have liberty to remove themselves, within a year, to any other
place, as they shall think fit, together with all their moveable
effects. But those who are willing to remain there, and to be
subject to the Kingdom of Great Britain, are to enjoy the free
exercise of their religion, according to the usage of the church of
Rome, as far as the laws of Great Britain do allow the same.
No. 27. Charter of Georgia
June 9/20, X732
Thk plan for a colony in Georgia originated with James Edward Ogle-
thorpe, an English gentleman of good family, who had served with distinc-
tion under Prince Eugene of Savoy, and later had entered the House of Com-
mons. Oglethorpe's sympathies having been enlisted on behalf of imprisoned
debtors and discharged prisoners, he conceived the idea of establishing in
America a colony where worthy persons of those classes could get a new start
in life. The charter granted to trustees certain territory south of the Savan-
nah river which had originally formed part of South Carolina, but had been
retained by the Crown when the Carolinas were surrendered by the pro-
prietors in 1729. To this was added the one-eighth interest retained by
Carteret at the time of the surrender, and which he now conveyed to the trus-
tees. The charter was surrendered in 1752, and Georgia became a royal
province.
Refesences. — Text in Poore's Federal and State Constitutions, I., 369-
377. The Journal of the trustees has been privately printed (1886). The
Colonial Records of Georgia ^ I., cover the charter period. Various contem-
ponuy accounts are reprinted in the Collections of the Georgia Hist. Society,
96 CHARTER OF GEORGIA [June 9/ao
and in Force's Tracts ^ I. See also early documents in Charles Lee's Report
on Claims to Lands in the Southwestern Parts of the United States, in Amer.
State Papers, Public Lands, I., 34-67.
GEORGE the second, [ &c] . . .
Whereas we are credibly informed, that many of our poor sub-
jects are, through misfortunes and want of employment, reduced
to great necessity, insomuch as by their labor they are not able to
provide a maintenance for themselves and families; and if they
had means to defray their charges of passage, and other expences,
incident to new settlements, they would be glad to settle in any
of our provinces in America where by cultivating the lands, at
present waste and desolate, they might not only gain a comfort-
able subsistence for themselves and families, but also strengthen
our colonies and increase the trade, navigation and wealth of
these our realms. And whereas our provinces in North America,
have been frequently ravaged by Indian enemies; more espe-
cially that of South-Carolina, which in the late war, by the
neighboring savages, was laid waste by fire and sword, and great
numbers of English inhabitants, miserably massacred, and our
loving subjects who now inhabit them, by reason of the smallness
of their numbers, will in case of a new war, be exjwsed to the
late [like?] calamities; inasmuch as their whole southern frontier
continueth unsettled, and lieth open to the said savages — . . .
Know ye therefore, that we ... by these presents . . . do . . .
ordain . . . that our right trusty and well beloved John, lord-
viscount Purcival, of our kingdom of Ireland, our trusty and
well beloved Edward Digby, George Carpenter, James Ogle-
thorpe, George Heathcote, Thomas Tower, Robert Moore,
Robert Hucks, Roger Holland, William Sloper, Francis Eyles,
John Laroche, James Vernon, William Beletha, esquires, A. M.
John Burton, B. D. Richard Bundy, A. M. Arthur Bedford,
A. M. Samuel Smith, A. M. Adam Anderson and Thomas Corane,
gentleman ; and such other persons as shall be elected in the man-
ner herein after mentioned, and their successors to be elected in
the manner herein after directed; be, and shall be one body
politic and corporate, in deed and in name, by the name of the
Trustees for establishing the colony of Georgia in America;
. . . and that they and their successors by that name shall and
1732) CHARTER OF GEORGIA 97
na? forever hereafter, be persons able anid capable in the law,
to porchase, have, take, receive and enjoy, to them and their
aiccessors, any manors, messuages, lands, tenements, rents, ad-
fowsons, liberties, privileges, jurisdictions, franchises, and other
hereditanoents whatsoever, lying and being in Great Britain, or
»ny part thereof, of whatsoever nature, kind or quality, or value
tbey be, in fee and in perpetuity, not exceeding the yearly value
of one thousand pounds, beyond reprises; also estates for lives,
and for years, and all other manner of goods, chattels and things
whatsoever they be; for the better settling and supporting, and
maintaining the said colony, and other uses aforesaid; and to
five, grant, let and demise the said manors, messuages, lands,
tenements, hereditaments, goods, chattels and things whatsoever
af<Hesaid, by lease or leases, for term of years, in possession at
Ac time of granting thereof, and not in reversion, not exceeding
the term of thirty-one years, from the time of granting thereof;
. . . and that they ... by the name aforesaid, shall and may
forever hereafter, be persons able, capable in the law, to pur-
chase, have, take, receive, and enjoy, to them and their succes-
sors, any lands, territories, jwssessions, tenements, jurisdictions,
franchises and hereditaments whatsoever, lying and being in
America, of what quantity, quality or value whatsoever they be,
for the better settling and supporting and maintaining the said
colony; . . . And our will and pleasure is, that the first presi-
dent of the said corporation . . . shall be ... the said Lord
John Viscount Percival; and that the said president shall, within
thirty days after the passing this charter, cause a summons to be
issued to the several members of the said corporation herein
particularly named, to meet at such time and place as he shall
appoint, to consult about and transact the business of said cor-
poration. And . . . we . . . direct, that the common council of
this corporation shall consist of fifteen in number; and we do
. . . appoint . . . John Lord Viscount Percival, . . . Edward
Digby, George Carpenter, James Oglethorpe, George Heathcote,
Thomas Laroche, James Vernon, William Beletha, esqrs., and
Stephen Hales, Master of Arts, to be the common council of the
said corporation, to continue in the said office during their good
behavior. And whereas it is our royal intention, that the mem-
bers of the said corporation should be increased by election, as
98 CHARTER OF GEORGIA [June 9/20
soon as conveniently may be, to a greater number than is hereby
nominated; ... we do hereby . . . direct, that from the time of
such increase of the members of the said cor|>oration, the number
of the common council shall be increased to twenty-four; and that
the same assembly at which such additional members of the said
corporation shall be chosen, there shall likewise be elected in the
manner hereinbefore directed for the election of common council
men, nine persons to be the said common council men, and to
make up the number twenty-four. And our further will and
pleasure is, that . . . Edward Digby, esquire, shall be the first
chairman of the common council of the said corporation; and
that the said lord-viscount Purcival shall be, and continue, presi-
dent of the said corporation, and that the said Edward Digby
shall be and continue chairman of the common council of the
said corporation, respectively, until the meeting which shall be
had next and immediately after the first meeting of the said cor-
poration, or of the common council of the said corporation re-
sf)ectively, and no longer^ . . . And we do hereby . . . direct,
that the said corporation every year lay an account in writing
before the chancellor, or speaker, or commissioners, for the
custody of the great seal of Great-Britain . . . ; the Chief Jus-
tice of the Court of Kings' Bench, the Master of Rolls the Chief
Justice of the Court of Common Pleas, and the chief Baron
of the Exchequer . . . , or any two of them ; of all moneys and
effects by them received or expended, for carrying on the good
purposes aforesaid. And we do hereby . . . give and grant unto
the said corporation, and their successors, full power and au-
thority to constitute, ordain and make, such and so many by-
laws, constitutions, orders and ordinances, as to them ... at
their general meeting for that purpose, shall seem necessary and
convenient for the well ordaining and governing of the said cor-
pK)ration; . . . and in and by such by-laws, rules, orders and
ordinances, to sell, impose and inflict, reasonable pains and penal-
ties upon any offender or offenders, who shall trangress, break or
violate the said by-laws, constitutions, orders and ordinances; . . .
so always, as the said by-laws, constitutions, orders, and ordi-
nances, pains and penalties . . . , be reasonable and not con-
trary or repugnant to the laws or statutes of this our realm; and
that such by-laws, constitutions and ordinances, pains and penal-
1732] CHARTER OF GEORGIA qg
tks . . . , and any repeal or alteration thereof, or any of them,
may be likewise agreed to be established and confirmed by the
said general meeting of the said corporation, to be held and kept
next after the same shall be respectively made. And whereas the
said corporation intend to settle a colony, and to make an habita-
tion and plantation in that part of our province of South-Carolina,
in America, herein after described — Know ye, that we . . .
do give and grant to the said corporation and their successors
under the reservation, limitation and declaration, hereafter ex-
pressed, seven undivided parts, the whole in eight equal parts
to be divided, of all those lands, countrys and territories, situate,
lying and being in that part of South-Carolina, in America,
which lies from the most northern part of a stream or river
diere, commonly called the Savannah, all along the sea coast to
the southward, unto the most southern stream of a certain other
great water or river called the Alatamaha, and westterly from the
heads of the said rivers respectively, in direct lines to the south
seas; and all that share, circuit and precinct of land, within the
said boundaries, with the islands on the sea, lying opposite to
the eastern coast of the said lands, within twenty leagues of the
same, which are not inhabited already, or settled by any authority
derived from the crown of Great-Britain: ... to be holdcn of
us, our heirs and successors as of our honour of Hampton-court,
in our county of Middlesex in free and common soccage, and not
in capite, yielding, and paying therefor to us . . . yearly forever,
the sum of four shillings for every hundred acres of the said
lands, which the said corporation shall grant, demise, plant or
setde; the said payment not to conmience or to be made, until
ten years after such grant, demise, planting or settling; and to
be answered and paid ... in such manner and in such species
of money or notes, as shall be current in payment, by proclama-
tion from time to time, in our said province of South-Carolina.
All which lands, countries, territories and premises ... we do
by these presents, make, erect and create one independent and
separate province, by the name of Georgia. . . . And that all and
every person or persons, who shall at any time hereafter inhabit or
reside within our said province, shall be, and are hereby declared
to be free, and shall not be subject to or be bound to obey any laws,
orders, statutes or constitutions, which have been heretofore made,
lOO CHARTER OF GEORGIA [June 9/20
ordered or enacted by, for, or as, the laws, orders, statutes or
constitutions of our said province of South-Carolina, (save and
except only the [commander] in chief of the militia, of our said
province of Georgia, to our governor for the time being of South-
Carolina, in manner hereafter declared ;) but shall be subject to,
and bound to obey, such laws, orders, statutes and constitutions as
shall from time to time be made, ordered and enacted, for the
better government of the said province of Georgia, in the manner
hereinafter declared. And we do hereby . . . ordain . . . that
for and during the term of twenty-one years, to- commence from
the date of these our letters patent, the said corporation assembled
for that purpose, shall and may form and prepare, laws, statutes
and ordinances, fit and necessary for and concerning the govern-
ment of the said colony, and not repugnant to the laws and statutes
of England ; and the same shall and may present under their com-
mon seal to us . . . , in our or their privy council for our or their
approbation or disallowance : and the said laws, statutes and ordi-
nances, being approved of by us . . . , in our or their privy
council, shall from thence forth be in full force and virtue within .
our said province of Georgia. . . . And for the greater ease and
encouragement of our loving subjects and such others as shall
come to inhabit in our said colony, we do . . . ordain, that for-
ever hereafter, there shall be a liberty of conscience allowed in the
worship of God, to all persons inhabiting, or which shall inhabit
or be resident within our said province, and that all such persons,
except papists, shall have a free exercise ofTeligion, so they be con-
tented with the quiet and peaceable enjoyment of the same, not
giving offence or scjjndal to the government. And our further
will and pleasure is, and we do hereby . . . declare and grant,
that it shall and may be lawful for the said common council . . .
to distribute, convey, assign and set over such particular jwrtions
of lands, tenements and hereditaments by these presents granted
to the said corp)oration, unto such our loving subjects, natural bom,
denizens or others that shall be willing to become our subjects,
and live under our allegiance in the said colony, upon such terms,
and for such estates, and upon such rents, reservations and condi-
tions as the same may be lawfully granted, and as to the said
common council . . . shall seem fit and proper. . . . Provided
. . . that no greater quantity of lands be granted, either en-
i-ip] CHARTER OF GEORGIA lOl
didy or in parcels, to or for the use, or in trust for any one per-
son, than five hundred acres. . . . And we do hereby grant and
ordain, that such person or persons, for the time being as shall be
thereunto appointed by the said corporation, shall . . . have full
power and authority to administer and give the oaths, appointed
by an act of parliament, made in the first year of the reign of our
kte royal father, to be taken instead of the oaths of allegiance
and supremacy; and also the oath of abjuration, to all and
every person and persons which shall at any time be inhabiting
or reading with our said colony; and in like cases to administer
tbe solemn affirmation to any of the persons conmionly called
quakers, in such manner as by the laws of our realm of Great-
Britain, the same may be administered. And we do . . . ordain
. . . that the said corporation and their successors, shall have full
power and authority, for and during the term of twenty-one years
. . . , to erect and constitute judicatories and courts of record,
or other courts, to be held in the name of us . . . for the hear-
ing and determining of all manner of crimes, offences, pleas,
'processes, plaints, actions, matters, causes and things whatsoever,
arising or happening, within the said province of Georgia, or
between persons of Georgia; whether the same be criminal or
d\il, and whether the said crimes be capital or not capital, and
whether the said pleas be real, personal or mixed : and for award-
ing and making out executions thereupon . . . And our further
will and pleasure is, that the rents, issues and all other profits,
which shall at any time hereafter come to the said corporation,
[shall be applied in such manner as the said cor potation j^] or the
major part of them which shall be present at any meeting for
that purpose assembled, shall think will most improve and en-
large the said colony, and best answer the good purposes herein
before mentioned, and for defraying all other charges about the
same. And our will and pleasure is, that the said corporation
and their successors, shall from time to time give in to one of the
principal secretaries of state, and to the commissioners of trade
and plantations, accounts of the progresses of the said colony.
. . . And our will and pleasure is, that the common council of
the said corporation for the time being . . . shall . . . unto the
1 These words are not in the original, but appear to be necessary to complete
the sense.
I02 CHARTER OF GEORGIA [June 9/20
full end and expiration of twenty-one years . . . , have full jx)wer
and authority to nominate, make, constitute and commission,
ordain and appoint, by such name or names, style or styles, as
to them shall seem meet and fitting, all and singular such gov-
ernors, judges, magistrates, ministers and officers, civil and mili-
tary, both by sea and land, within the said districts, as shall by
them be thought fit and needful to be made or used for the said
government of the said colony; save always, and except such
offices only as shall by us ... be from time to time constituted
and appointed, for the managing collecting and receiving such
revenues, as shall from time to time arise within the said province
of Georgia, and become due to us . . . Provided always . . . ,
that every governor of the said province of Georgia, to be ap-
pointed by the common council of the said corporation, before
he shall enter upon or execute the said office of governor, shall
be approved by us ... , and shall take such oaths, and shall
qualify himself in such manner, in all respects, as any governor
or commander in chief of any of our colonies or plantations in
America, are by law required to do; and shall give good and
sufficient security for observing the several acts of parliament
relating to trade and navigation, and to obsene and obey all in-
structions that shall be sent to him by us . . . , or any acting under
our or their authority, pursuant to the said acts, or any of them.
[The corporation may establish and train a militia, fortify and
defend the colony, exercise martial law in time of war, &c.]
And . . . we do . . . grant, that the governor and commander
in chief of the province of South-Carolina ... for the time
being, shall at all times hereafter have the chief command of
the militia of our said province . . . And ... we ... do give
and grant, unto the said corporation and their successors, full
power and authority to import and export their goods, at and
from any port or ports that shall be appointed by us . . . within
the said province of Georgia, for that purpose, without being
obliged to touch at any other jX)rt in South-Carolina. And we
do . . . will and declare, that from and after the termination of
the said term or [of] twenty-one years, such form of government
and method of making laws, statutes and ordinances, for the
better governing and ordering the said province of Georgia, and
the inhabitants thereof, shall be established and observed within
1732] MOLASSES ACT I03
the same, as we . . . shall hereafter ordain and appoint, and
shall be agreeably to law; and that from and after the determina-
tion of the said term of twenty -one years, the governor of our
swd province of Georgia, and all officers civil and military, within
the same, shall from time to time be nominated and constituted,
and appointed by us . . .
No. 28. Molasses Act
May 17/28, 1733
In the exchange of fish, lumber and agricultural products for the sugar,
molas'ys and mm of the West Indies, the northern English colonies in
America early found their most important and most lucrative trade. More-
over, it was by means of this trade that the money for the purchase of manu-
factured goods in England was mainly obtained. The adoption of a more
fiberal commercial policy by France, however, in 1717, enabled the sugar of
the French West Indies to displace the British product in European markets,
and to compete successfully in the markets of the English colonies; while the
prohibition of the importation of rum into France, as a protection to the pro-
ductioo of brandy, forced the producers of molasses in the French colonies to
seek a market in New England and New York, where molasses, little pro-
duced in the English West Indies, was much in demand. The prosperity of
the French colonies led to numerous protests from planters in the British
sugar islands, and in 1731 a bill to prohibit the importation into Great Britain
or the American colonies of any foreign sugar, molasses or rum passed the
House of Commons, but was rejected by the Lords. The object of the bill
was attained, however, by the passage, in 1733, of the so-called Molasses
Act, by which practically prohibitory duties were imposed up>on the befone-
mentioned articles. The act was systematically disregarded by the English
colooies, and remained largely a dead-letter. The Molasses Act was to con-
tinue in force for five years; but it was five times renewed, and by the Sugar
Act of 1764 was made perpetual.
References. — Text in Pickering's Statutes at Large, XVI., 374-379.
The act is cited as 6 Geo. II., c. 13. The best discussion of the act is in
Beer's Commercial Policy of England (Columbia Univ. Studies, III., No. 2),
chap. 6.
An act far the better securing and encouraging the trade cf his
Majesty s sugar colonies in America.
WHEREAS tJu welfare and prosperity of your Majesty's sugar
colonies in America are of the greatest consequence and importance
to the trade f navigation and strength of this kingdom: and wherects
/
104 MOLASSES ACT [May 17/28
the platUer^ of the said sugar colonies have of late years fallen under
such great discouragements y th^ they are unable to improve or
carry on the sugar trade upon an equal footing with the foreign
sugar colonies y without some advantage and relief be given to them
from Great Britain : for remedy whereof ... be it enacted . . . ,
That from and after . . . [December 25, 1733,] . . . there shall
be raised, levied, collected and paid, unto and for the use of his
Majesty . . . , upon all rum or spirits of the produce or manu-
facture of any of the colonies or plantations in America^ not in
the possession or under the dominion of his Majesty . . . , which
at any time or times within or during the continuance of this act,
shall be imported or brought into any of the colonies or plantations
in America^ which now are or hereafter may be in the possession or
under the dominion of his Majesty . . . , the sum of nine pence,
money of Great Britain, ... for every gallon thereof, and after
that rate for any greater or lesser quantity : and upon all molasses
or syrups of such foreign produce or manufacture as aforesaid,
which shall be imported or brought into any of the said colonies
or plantations . . . , the sum of six f)ence of like money for every
gallon thereof . . . ; and upon all sugars and paneles of such
foreign growth, produce or manufacture as aforesaid, which shall
be imported into any of the said colonies or plantations . . . ,
a duty after the rate of five shillings of like money, for every
hundred weight Avoirdupoize. . . .
^F ^F ^F ^F ^p ^p ^p ^p
IV. And be it further enacted . . . , That from and after . . .
[December 25, 1733,] . . . no sugars, paneles, syrups or molasses,
of the growth, product and manufacture of any of the colonies
or plantations in America, nor any rum or spirits of America,
except of the growth or manufacture of his Majesty*s sugar colo-
nies there, shall be imported by any j)erson or persons whatsoever
into the kingdom of Ireland, but such only as shall be fairly and
bona fide loaden and shipped in Great Britain in ships navigated
according to the several laws now in being in that behalf, under
the j)enalty of forfeiting all such sugar, paneles, syrups or mo-
lasses, rum or spirits, or the value thereof, together with the ship
or vessel in which the same shall be imported, with all her guns,
tackle, furniture, ammunition, and apparel. . . .
ijbi] WRIT OF ASSISTANCE 105
EC And it is hereby further enacted . . . , That /fn case any
sQgar or paneles of the growth, produce or manufactiu^ of any of
the colonies or plantations belonging to or in the p<9^ssion of
his Majesty . . . , which shall have been imported into Greal
Brilain after . . . [June 24, 1733,] .. . shall at any time within
one year after the importation thereof, be again exported out of
Great Brilain, ... all the residue and remainder of the subsidy
or duty, by any former act or acts of parliament granted and
diarged on such sugar or paneles as aforesaid, shall without any
dday or reward be repaid to such merchant or merchants, who do
export the same, within one month after demand thereof.
X. And it is hereby further enacted . . . , That from and
after . . . [June 24, 1733,] . . . for every hundred weight of sugar
refined in Greai Brilain . . . ; which shall be exported out of this
kingdom, there shall be, by virtue of this act, repaid at the custom-
house to the exporter, within one month after the demand thereof,
over and above the several sums of three shillings and one shilling
per hundred, payable by two former acts of parliament, one of them
made in the ninth and tenth years of the reign of his late
Majesty King William the Third, and the other in the second
and third years of the reign of her late Majesty Queen Anne, the
further sum of two shillings, oath. or solemn afl5rmation as afore-
said, being first made by the refiner, that the said sugar so
exported, was produced from brown and muscovado sugar, and
that as he verily believes, the same was imported from some of
the colonies or plantations in America belonging to and in the
possession of the crown of Great Britain, and that as he verily
believes the duty of the said brown and muscovado sugar was
duly paid at the time of the importation thereof, and that the
same was duly exported. . . .
No. 29. Writ of Assistance
December a, 1762
In 1755 a writ of assistance, granting authority to search for and seize
uncustomed goods, was issued by the Superior Court of Massachusetts to
Charles Paxton, surveyor of the port of Boston. Similar writs were issued in
1758 to the collectors at Salem and Falmouth, in 1759 to the surveyor-general,
io6
WRIT OF ASSISTANCE
[December %
and the collectors at Boston and Newburyport, and in 1760 to the collectors
at Boston and Salem. By law the writs continued until the demise of the
Crown and for six months thereafter. In 176 1 the former writs, by reason of
the death of George II., being about to expire, the sur\'eyor-general, Thomas
Lechmere, made application to the court for the grant of such writs to him-
self and his officers "as usual." On this application a number of merchants
of Boston, and others, petitioned to be heard. The application was argued
at Boston at the February term, Jeremiah Gridley appearing for Lechmere,
and James Otis and Oxenbridge Thacher for the petitioners and against the
writ. Judgment was suspended in order that the court might examine the
practice in England. November 18, at the second term, the case was again
argued by the same counsel, >\'ith the addition of Robert Auchmuty in favor
of the writ. The judges were imanimous in their opinion that the writ should
be granted, as prayed for, and December 2 a writ was issued to Paxton in
the form following. March 6, 1762, a bill "authorizing any judge or justice
of the peace, upon information on oath by any officer of the customs, to issue
a special writ or warrant of assistance, and prohibiting all others," passed the
General Court ; but the governor, on the advice of the members of the Supe-
rior Court, withheld his approval. Writs of assistance do not appear to have
been granted elsewhere in the colonies, except in New Hampshire; they
were, however, legalized by the Townshend Revenue Act of 1767 [No. 38].
General warrants were condemned in England in 1766, but general writs of
assistance continued to be issued until 18 19, when an order of the Board of
Customs practically abolished them.
In the manuscript from which the writ following is printed, the words in
brackets are interlined, and those in italics erased. The writ was drawn by
Thomas Hutchinson, the chief justice.
References. — Text in Quincy's Massachusetts Reports^ 418-421, where
is also, pp. 395-540* an exhaustive examination of the whole subject by Jus-
tice Horace Gray. Otis's argument at the February term, as reported by
John Adams, is in the latter's Works, II., 521-525; the second argument, in
November, is in Quincy, iU supra, 5i~57« The earlier accounts, especially
those in Adams's Works, II., 124, note; X., 246-249, 274-276; Tudor's Otis,
and Minot*s Massachusetts, must be read in the light of Gray's notes, above.
Prov. of
Mass. Bay
I 8BAL J
George the third by the grace of God of
Great Britain France & Ireland King
Defender of the faith &c*.
To ALL & singular our Justices of the peace
Sheriffs Constables and to all other our
Officers and Subjects within our said
Province and to each of you Greeting.
Know ye that whereas in and by an Act of Parliament made
in the /A/r[four]teenth year of [the reign of] the late King
iTfe] WRIT OF ASSISTANCE 107
Charles the second it is declared to he [the Officers of our Customs
k their Deputies are authorized and impowered to go & enter
aboard any Ship or Vessel outward or inward bound for the pur-
poses in the said Act mentioned and it is also in & by the said
Act further enacted & declared that it shall be] lawful [to or] for
any person or persons authorized by Writ of assistants under the
seal of our Court of Exchequer to take a Constable Headborough
or other publick Officer inhabiting near unto the place and in the
day time to enter & go into any House Shop Cellar Warehouse or
Room or other place and in case of resistance to break open
doors chests trunks & other package there to seize and from
thence to bring any kind of goods or merchandize whatsoever
prohibited & uncustomed and to put and secure the same in his
Sfajestys [our] Storehouse in the port next to the place where
such seizure shall be made.
And whereas in & by an Act of Parliament made in the seventh
8: eighth year of [the reign of the late] King William the third
there is granted to the Officers for collecting and managing our
revenue and inspecting the plantation trade in any of our planta-
tions [the same powers & authority for visiting & searching of
Ships & also] to enter houses or warehouses to search for and
seize any prohibited or uncustomed goods as are provided for
the Officers of our Customs in England by the said last men-
tioned Act made in the fourteenth year of [the reign of] King
Charies the Second, and _ihe Hke assistance is required to be
given to the said Officers in the execution of their office as by
the said last mentioned Act is provided for the Officers in
England.
And whereas in and by an Act of our said Province of Massa-
chusetts bay made in the eleventh yearof [the reign of] the late
King William the third it is enacted & declared that our Superior
Court of Judicature Court of Assize and General Goal delivery
for our said Provinc\ shall have cognizance of all matters and
things within our said Province as fully & amply to all intents
& purposes as our Courts of King's Bench Common Pleas &
Exchequer within our Kingdom of England have or ought to
have.
And whereas our Commissioners for managing and causing
to be levied & collected our customs subsidies and other duties
Io8 WRIT OF ASSISTANCE [December a
have [by Commission or Deputation under their hands & seal
dated at London the 22* day of May in the first year of our
Reign] deputed and impowered Charles Paxton Esquire to be
Surveyor & Searcher of all the rates and duties arising and grow-
ing due to us at Boston in our Province aforesaid and [in & by
said Commission or Deputation] have given him power to enter
into [any Ship Bottom Boat or other Vessel & also into] any
Shop House Warehouse Hostery or other place whatsoever to
make diligent search into any trunk chest pack case truss or any
other p)arcell or package whatsoever for any goods wares or
merchandize prohibited to be imported or exported or whereof
the Customs or other Duties have not been duly paid and the
same to seize to our use In all things proceeding as the Law
directs.
Therefore we strictly Injoin & Command you & every one of
you that, all excuses apart, you & every one of you permit the
said Charles Paxton according to the true intent & form of the
said commission or deputation and the laws & statutes in that
behalf made & provided, [as well by night as by day from time
to time to enter & go on board any Ship Boat or other Vessel
riding lying or being within or coming to the said port of Boston
or any Places or Creeks thereunto appertaining such Ship Boat
or Vessel then & there found to search & oversee and the persons
therein being strictly to examine touching the premises aforesaid
& also according to tJieform effect and true intent of the said com-
mission or deputation] in the day time to enter & go into the
vaults cellars warehouses shops & other places where any pro-
hibited goods wares or merchandizes or any goods wares or
merchandizes for which the customs or other duties shall not
have been duly & truly satisfied and paid lye concealed or are
susp)ected to be concealed, according to the true intent of the
law to inspect & oversee & search for the said goods wares &
merchandize. And further to do and execute all things which
of right and according to the laws & statutes in this behalf shall
be to be done. And we further strictly Injoin & Command you
and every one of you that to the said Charles Paxton Esqr you
& every one of you from time to time be aiding assisting &
helping in the execution of the premises as is meet. And this
you or any of [you] in no wise omit at your perils. WnNESS
1762] TREATY OF PARIS I09
Tbomas Hutchinson Esq at Boston the day of December in
the Second year of our Reign Annoque Dom 1761
By order of Court
N. K} Cler.
No. 30. Treaty of Paris
February zo, 1763
The Ohio and Mississippi valleys, claimed by the French in right of ex-
idoratioa and colonization, were also claimed by the English under early
colonial grants and charters; and these conflicting claims the boundary com-
missioaers, appointed imder the treaty of Aix-la-Chapelle, had been unable
to reconcile. The Seven Years* war, known in America as the French and
IiKlian war, began two years before the declaration of war by England against
France formally opened hostilities in Europe. Washington's unsuccessful
expediticxi against Fort Duquesne, in 1754, was followed in 1755 by the de-
feat of Braddock and the failure of the contemplated attack upon Canada;
but some French forts in Nova Scotia were taken and the Acadians deported.
The campaigns of 1756 and 1757 were also without substantial results for the
English. The energy of Pitt, whom Newcastle was obliged, in June, 1757, to
receive into the ministry as secretary of state, turned the tide. In 1758,
Louisburg, Niagara and Fort Duquesne were taken; in September, 1759,
Quebec fell; and with the surrender of Montreal, in 1760, the French power
in America came to an end. The war in Europe went on for three years
kngcr. In June, 1 761, at the instance of France, negotiations for peace were
opened; but the signature of the "family compact" between France and
Spain, in August, caused them to be broken off. Pitt urged immediate war
with Spain; but his views were not supported by the ministry, and he re-
sted. War against Spain was, however, declared in 1762, and English
forces took Havana and Manila. In September, negotiations were resumed ;
on November 3, preliminaries of peace were signed at Fontainebleau ; and
on February 10, 1763, the treaty was concluded at Paris. The chief articles
relating to America are given in the extracts following. In compensation for
the loss of Florida, Spain received from France so much of Louisiana as lay
west of the Mississippi river, including both sides of the river at its mouth.
References. — Text in Chalmers's Collection of Treaties^ I., 467-483.
rV. His most Christian Majesty renounces all pretensions,
which he has heretofore formed, or might form, to Nova Scotia
or Acadia, in all its parts, and guaranties the whole of it, and
with all its dependencies, to the King of Great Britain: more-
* Nathaniel Hatch, one of the clerks of court. — Ed.
110 TREATY OF PARIS [Febniar)' ic
over, his most Christian Majesty cedes and guaranties to his said
Britannic Majesty, in full right, Canada, with all its dependen-
cies, as well as the Island of Cape Breton, and all the other
islands and coasts in the gulph and river St. Laurence, and, in
genenil, every thing that depends on the siiid countries, lands,
islands, and coasts, with the sovereignty, property, possession,
and all rights, acquired by treaty or otherwise, which the most
Christian King, and the crown of France, have had till now over
the said countries, islands, lands, places, coasts, and their inhabit-
ants . . . His Britannic Majesty, on his side, agrees to grant
the liberty of the Catholic religion to the inhabitants of Canada:
he will consequently give the most precise and most effectual
orders, that his new Roman Catholic subjects may profess the
worship of their religion, according to the rites of the Romish
church, as far as the laws of Great Britain permit. His Britan-
nic Majesty further agrees, that the French inhabitants, or others
who had been subjects of the most Christian King in Canada,
may retire, with all safety and freedom, wherever they shall think
proper, and may sell their estates, provided it be to subjects of
his Britannic Majesty, and bring away their effects, as well as
their persons, without being restrained in their emigration, under
any pretence whatsoever, except that of debts, or of criminal pros-
ecutions: the term limited for this emigration shall be fixed to
the space of eighteen months, to be computed from the day of
the exchange of the ratifications of the present treaty.
V. The subjects of F'rance shall have the liberty of fishing and
drying, on a part of the coasts of the Island of Newfoundland,
such as it is specified in the XHIth article of the treaty of
Utrecht; which article is renewed and confirmed by the present
treaty (except what relates to the island of Cape Breton, as well
as to the other islands and coasts in the mouth and in the gulph
of St. Laurence:) and his Britannic Majesty consents to leave
to the subjects of the most Christian King the liberty of fishing
in the gulph St. Laurence, on condition that the subjects of
France do not exercise the said fishery but at the distance of
three leagues from all the coasts belonging to Great Britain, as
well those of the continent, as those of the islands situated in the
said gulph of St. Laurence. And as\ to what relates to the fisher>'
on the coasts of the island of Cape Breton out of the said gulph,
1763I TREATY OF PARIS III
the subjects of the most Christian King shall not be permitted
to exercise the said fishery but at the distance of fifteen leagues
from the coasts of the island of Cape Breton; and the fishery
on the coasts of Nova Scotia or Acadia, and every where
else out of the said gulph, shall remain on the foot of former
treaties.
VI. The King of Great Britain cedes the islands of St. Pierre
and Miquelon, in full right, to his most Christian Majesty, to
serve as a shelter to the French fishermen: and his said most
Christian Majesty engages not to fortify the said islands; to
erect no building upon them, but merely for the convenience of
the fishery ; and to keep upon them a guard of fifty men only for
the police.
\TI. ... it is agreed, that, for the future, the confines between
the dominions of his Britannic Majesty, and those of his most
Christian Majesty, in that part of the world, shall be fixed irrev-
ocably by a line drawn along the middle of the river Mississippi,
fn)m its source to the river Iberville, and from thence, by a line
drawn along the middle of this river, and the lakes Maurepas and
Pontchartraih, to the sea; and for this puq^ose, the most Christian
King cedes in full right, and guaranties to his Britannic Majesty,
the river an^Dort of 'the Mobile, and every thing which he possesses,
or ought to possess, on the left side of the river Mississippi, except
the town of New Orleans, and the island on which it is situated,
which shall remain to France; provided that the navigation of
the river Mississippi shall be equally free, as well to the subjects
of Great Britain as to those of France, in its whole breadth and
length, from its source- to the sea, and expresly that part which
is between the said island of New Orleans and the right bank of
that river, as well as the passage both in and out of its mouth.
It is further stipulated, that the vessels belonging to the subjects
of either nation shall not be stopped, visited, or subjected to the
payment of any duty whatsoever. The stipulations, inserted in
the rVth article, in favour of the inhabitants of Canada, shall
also take place with regard to the inhabitants of the countries
ceded bv this article.
VTII. The King of Great Britain shall restore to France the
islands of Guadeloupe, of Marie Galante, of Dcsirade, of Mar-
tinico, and of Belleisle; and the fortresses of these islands shall
112 TREATY OF PARIS [February i&
be restored in the same condition they were in when they were
conquered by the British arms . . .
IX. The most Christian King cedes and guaranties to his
Britannic Majesty, in full right, the islands of Grenada, and of
the Grenadines, with the same stipulations in favour of the in-
habitants of this colony, inserted in the IVth article for those of
Canada : and the partition of the islands, called Neutral, is agreed
and fixed, so that those of St. Vincent, Dominica, and Tobago,
shall remain in full right to Great Britain, and that of St. Lucia
shall be delivered to France. . . .
XIX. The King of Great Britain shall restore to Spain all the
territory, which he has conquered in the island of Cuba, with the
fortress of the Havana, and this fortress, as well as all the other
fortresses of the said island, shall be restored in the same con-
dition they were in when conquered by his Britannic Majesty's
arms . . .
XX. In consequence of the restitution stipulated in the pre-
ceding article, his Catholic Majesty cedes and guaranties, in full
right, to his Britannic Majesty, Florida, with Fort St. Augustin,
and the Bay of Pensacola, as well as all that Spain possesses on
the continent of North America, to the east, or to the south-east,
of the river Mississippi ; and, in general, every thing that depends
on the said countries, and lands . . . His Britannic Majesty
agrees, on his side, to grant to the inhabitants of the countries,
above ceded, the liberty of the Catholic religion: he will conse-
quently give the most express and the most effectual orders, that
his new Roman Catholic subjects may profess the worship of their
religion, according to the rites of the Romish church, as far as
the laws of Great Britain permit: [the Spanish inhabitants to
be permitted to remove, or to sell their estates, under conditions
as in Art. IV.] It is moreover stipulated, that his Catholic
Majesty shall have power to cause all the effects, that may
belong to him, to be brought away, whether it be artillery or
other things.
♦ ♦♦♦♦♦4141
1763I ROYAL PROCLAMATION CONCERNING AMERICA 113
No. 31. Royal Proclamation concerning
America
October 7, 1763
The principal objects of the royal proclamation of 1763 were, to provide
for the government of the British possessions in America which had been
acquired by the treaty of Paris; to define certain interior boundaries; and to
regulate trade and intercourse with the Indians.
References. — Text in the Annual Register (1763), 208-2x3.
Whereas we have taken into our royal consideration the exten-
sive and valuable acquisitions in America, secured to our crown
by the late definitive treaty of peace concluded at Paris the loth
day of February last; ... we have thought fit . . . hereby
to publish and declare to all our loving subjects, that we have,
with the advice of our said privy council, granted our letters
patent under our great seal of Great Britain, tojgrect within the
countries and islands, ceded and confirmed to us by the said
treaty, fQULdistinct and separate j^oYfirnjiifints, stiled and called
by the names of Quebec. F^^f Florida, Wo^t yinWHa^'nnH Qje-
nada, and limited and bounded as follows, viz.
First, the government of Quebec, bounded on the Labrador
coast by the river St. John, and from thence by a line drawn
from the head of that river, through the lake St. John, to the
South end of the lake Nipissim; from whence the said line,
crossing the river St. Lawrence and the lake Champlain in 45
degrees of Korth latitude, ^sses along the High Lands, which
diride the rivers that empty themselves into the said river St.
Lawrence^ from those which fall into the sea; and also along the
North coast of the Bayes des Chaleurs, and the coast of the Gulph
of St Lawrence to Cape Rosieres, and from thence crossing the
mouth of the river St. Lawrente by the West end of the island of
Anticosti, terminates at the aforesaid river St. John.
Secondly, The government of East Florida, bounded to the
Westward by the Gulph of Mexico and the Apalachicola river;
to the Northward, by a line drawn from that part of the said river
where the Catahoochee and Flint rivers meet, to the source of St
114 ROYAL PROCLAMATION CONCERNING AMERICA [Oct. 3
Mary's river, and by the course of the said river to the Atlantic
Ocean; and to the East and South by the Atlantic Ocean, and the
Gulph of Florida, including all islands within six leagues of the
sea coast.
Thirdly, The government of West Florida, bounded to the
Southward by the Gulph of Mexico, including all islands within
six leagues of the coast from the river Apalachicola to lake
Pontchartrain; to the Westward by the said lake, the lake Mau-
repas, and the river Mississippi; to the Northward, by a line
drawn due East from that part of the river Mississippi which lies
in thirty-one degrees North latitude, to the river Apalachicola,
or Catahoochee; and to the Eastward by the said river.
Fourthly, The government of Grenada, comprehending the
island of that name, together with the Grenadines, and the
islands of Dominico, St. Vincent, and Tobago.
And to the end that the open and free fishery of our subjects
may be extended to, and carried on upon the coast of Labrador
and the adjacent islands, we have thought fit . . . to put all that
coast, from the river St. John's to Hudson's Streights, together
with the islands of Anticosli and Madelane, and all other smaller
islands lying upon the said coast, under the care and inspection
of our governor of Newfoundland.
We have also . . . thought fit to annex the islands of St.
John and Cape Breton, or Isle Royale, with the lesser islands
adjacent thereto, to our government of Nova Scotia.
We have also . . . annexed to our province of Georgia, all the
lands lying between the rivers Attamaha and St. Mary's.
And ... we have . . . given express jx)wer and direction to
Q\^r_g^iyeinoX§ <>f our said colonies respectively, that so soon as
the state and circumstances of the said colonies will admit thereof,
they shall, with the advice and consent of the members of our
council, ^uQxmon and call general assemblies within the said
governments resj^ectively, in_such manner and form as is used
and directed in thosfL.colpjiies and provinces in America, which
are under our immediate government; and we have also given
power to the said governors, with the consent of our said coun-
cils, and the representatives of the f)eople, so to be summoned as
aforesaid, to make, constitute, and ordain laws, statutes, and ordi-
nances for the public peace, welfare, and good government of our
1763I ROYAL PROCLAMATION CONCERNING AMERICA 115
said colonies, and of the people and inhabitants thereof, as near
as may be, agreeable to the laws of. England, and under such
regulations and restrictions as are used in other colonies; and in
the mean time, and until such assemblies can be called as afore-
said, all persons inhabiting in, or resorting to, our said colonies,
may confide in our royal protection for the enjoyment of the
benefit of the laws of our realm of England : for which purp)ose
we have given power under our great seal to the governors of our
said colonies respectively, to ^'•**r^ and constitute, with the advice
of our said councils resf)ectively, courts gf judicature and public
justic^within our said colonies, for the hearing and determining
all causes as well criminal as civil, according to law and equity,
and as near as may be, agreeable to the laws of England, with
liberty to all persons who may think themselves aggrieved by the
sentence of such courts, in all civil cases, to appeal, under the
usual limitations and restrictions, to us, in our privy council.
[OnvprnftITi of the |hree new continental colnnie& may gr^Tni
jand therein.]
And . . . 3ve do hereby command and impower our goy^rnors
of our said three new colonies, and other our governors of our
several provinces on the continent of North America, tgL.g2;ant,
without fee or reward, tosurhj-edurec;! officers as have, sejcyed in
North Anr^frin during tfap |a(p war^ and are actually residing
there, and shall personally apply for the same, the following
f^ii^f^tjtips of land^ subject, at the c-spiration of ten years, to the
same quit rents as other lands are subject to in the province
within which they are granted, as also subject to the same condi-
tions of cultivation and improvement, viz.
To every person having the rank of a field officer, 5000 acres.
To every captain, 3000 acres.
To every subaltern or staff officer, 2000 acres.
To every non-commission officer, 200 acres.
To every private man 50 acres.
We do likewise authorise and require the governors and com-
manders in chief of all our said colonies upon the continent of
North America to grant the like quantities of land, and upon the
same conditions, to such reduced officers of our navy of like
rank, as served on board our ships of war in North America at
the times of the reduction of I^uisbourg and Quebec in the late
1 16 ROYAL PROCLAMATION CONCERNING AMERICA [Oct. 7
war, and who shall personally apply to our respective governors
for such grants.
And whereas it is just and reasonable, and essential to our
interest, and the scc:urity of our colonies, that the-several nations
or tjihes^ IftdJJi.nSj with whom we are connected, and who live
under our protection, shguld jnot be molested or disturbed in the
possession of such parts of our dominions and teixitories as, not
having been ceded to, or purchased by us, are reserved^ to Jhfim,
or any of them, as their hunting px)unds ; we do . . . declare it
to be our royal will and pleasure, that no governor, or commander
in chief, in any of our colonies of Quebec, East Florida, or West
Florida, do presume, upon any pretence whatever, to grant war-
rants of survey, or pass any patents for lands beyond the bounds
of their respective governments, as described in their commissions;
as also that no governor or commander in chief of our other colo-
nies or plantations in America, do presume for the present, and
until our further pleasure be known, to grant warrant of survey,
or pass patents for any lands beyond the heads or sources of any
of the rivers which fall into the Atlantic Ocean from the west or
north-west; or upon any lands whatever, which not having been
ceded to, or purchased by us, as aforesaid, are reserved to the
said Indians, or any of them.
And we do further declare it to be our royal will and pleasure,
for the present, as aforesaid, to reserve under our sovereignty,
protection, and dominion, for the use of the said Indians, all
the land and territories not included within the limits of our
said three new governments, or within the limits of the territory
granted to the Hudson's Bay company; as also all the land and
territories lying to the westward of the sources of the rivers which
fall into the sea from the west and north-west as aforesaid . . .
[Persons who have inadvertently settled upon such reserved
lands to remove. No sale of Indian lands to be allowed, except
to the Crown. The Indian trade to be free to English subjects,
under licence from the governor or commander in chief of some
colony. Fugitives from justice, taking refuge in this reserved
territory, to be apprehended and returned.]
1764I SUGAR ACT 117
No. 32. Sugar Act
April 5, 1764
Although the Seven Years' war had left Great Britain with a heavy
debft, the expense of protecting the English possessions in America seemed
likely to increase rather than diminish. The direct advantages of the
expulsion of the French had accrued mainly to the colonies, and it seemed
proper to the ministry that a revenue should be raised in America for the
npport of the military establishment there. In connection with the plan for
a cokxiial army, it was the desire to provide stronger support for the repre-
sentatives of the crown, and to put an end to the widespread violation of the
acts of trade. "February 23, 1763, Charles Townshend lx?came first lord
of trade, with the administration of the colonics, and he inaugurated, with
the support of the ministry, the new system of colonial government. It was
announced by authority^ that there were to be no more requisitions from the
king to the colonial assemblies for supplies, but that the colonies were to be
taxed by act of Parliament. Colonial governors and judges were to be paid
by the Crown ; they were to be supported by a standing army of twenty regi-
ments; and all the expenses of this force were to be paid by parliamentary
taxation" (Johnston). Grenville, who succeeded Bute in April as prime
minister, was committed to this policy, and in May the Lords of Trade were
called upon to submit a plan of colonial taxation. The duties prescribed by
the Molasses Act of 1733 [No. 28] were prohibitory, and the statute itself had
remained inoperative. To provide in part for the intended revenue, the act
of April 5, 1764, known as the Sugar Act, was now passed, imposing duties
upon certain colonial imports and exports. The Molasses Act was also made
perpetual, but with a reduction by one-half of the duty on molasses and sugar.
The extracts following give the important sections of the act, omitting
technical and administrative provisions.
References. — Text in Pickering*s Statutes at Large, XXVI., 33-52.
The act is cited as 4 Geo. III., c. 15. On the act sec especially Beer's Cam^
Policy of England, chap. 8, and references there cited.
An act for granting certain duties in the British colonies atid
fianUUions in America ; for continuing^ amending, and making
perpetual . . . [the Molasses Act of 1733] . . . \ for applying
the produce of such duties, and of tlie duties to arise by inrtue of
the said act, towards defraying the expences of defending, pro-
tectingf and securing the said colonies and plantations; for ex-
plaining . . . [the Navigation Act of 1672] . . . ; and for alter-
ing and disallowing several drawbacks on exports from this king-
dom, and more effectually preifcnting the clandestine conveyance
of goods to and from the said colonies afid plantations, and im-
/ r -,'
ci <•> jii.si and Necessary, that a rcvcuur br rai
said daniiuio)!^ i)i AnuTira, for dcfravin;^ the
prolr( lin;^, iiiid M'turi)!'^ tlir \a>f!c : . . . licit
from and allcr . . . [September 29, 1764,
raised, levi_eci, collected, and paid, unto hi
and upon all white or clayed sugars of th
facture of any colony or plantation in^iw
donunioa^f lus Majesty . . . ; for and up<
of foreign ^rodxice or manufacture; for i
(except French wine ;) for and ugoxL all wn
and stuffs, mixed with silk or herba, oLthe mi
China f or East, Indta, and all callico paintc
stained Jliecc; and for and u^jHX-aJLior.ejgi
Cambrick and French Lawns, whjgh ^hftll b^ i
into, any colony or plantation in jimctkfl, whi
after may be, under the dominion of his
several rates and duties following; that is to 5
For every hundred weight avoirdupois of
or clayed sugars, one pound two shillings, (
other duties imposed by any former act of par
For every pound weight avoirdupois of sue!
pence.
For every hundred weight avoirdup)ois of s
which shall be imrv^t^-r.^ r —
1764] SUGAR ACT 119
For every pound weight avoirdupois of wrought silks, bengals,
and stuffs, mixed with silk or herba, of the manufacture of Persia,
Chinay or Easl India, imported from Great Britain, two shillings.
For every piece of callico painted, dyed, printed, or stained,
in Persia J China, or East India, imported from preat Britain,
two shillings and six pence.
For every piece of foreign linen cloth, called Cambrick, im-
ported from Great Britain, three shillings.
For every piece of French lawn imported from Great Britain
three shillings. . . .
n. And it is hereby further enacted . . . That from and after
. . . [September 29, 1764] . . . there shall also be raised, levied,
collected, and paid, unto his Majesty . . . , for and upon all
coffee and pimento of the growth and produce of any British
colony or plantation in America, which shall be there laden on
board any British ship or vessel, to be carried out from thence
or any other place whatsoever, except Great Britain, the several
rates and duties following; that is to say,
ni. For every hundred weight avoirdupois of such British
coffee, seven shillings.
For every pound weight avoirdupois of such British pimento,
one halfpenny. ...
[Sections V. and VI. continue the Molasses Act in force until
Sept. 30, 1764, after which it is to be perpetual, subject to the
changes in this present act.]
VI. And be it further enacted . . . , That in lieu and instead
of the rate and duty imposed by the said act upon melasses and
syrups, diere shall, from and after . . . [September 29, 1764]
. . r , TDC raised, levied, colkcted, and paid, unto his Majesty
. . . , for and uppn^very galinn of .QxekusQ;^ or syrups, being the
growth, produce, or manufacture, qf any cidonv or plantation m
Ajncdc^f noj^ under the d""^i"i»" "^ ^L^.3t'jf^*y • • • » which
shall be imported or brought J jU()_any colony or plantation in
4jnmca, which now is, or hereafter may be, under the dominion
of his Majesty . . . , the sum of three pence.
^f ^r ^ 3|C 3|t ^ ^ ^
XI. And it is hereby further enacted . . . , That all the monies
which, from and after . . . [September 29, 1764] . . . , shall
arise by the several rates and duties herein before granted; and
I20 SUGAR ACT [Aprils
also by the duties which, from and after the said [date], shall be
raised upon sugars and paneles, by virtue of . . . [the Molasses
Act] . . . , (except the necessary charges of raising, collecting,
levying, recovering, answering, paying, and accounting for the
same) shall be paid into the receipt of his Majesty's Exchequer,
and shall be entered separate and apart from all other monies
paid or payable to his Majesty . . . : and shall be there reserved
to be, from time to time, disposed of by parliament, towards
defraying the necessary expences of defending, protecting, and
securing, the British colonies and plantations in A merica.
*!• 1* ▼ I* ▼ ▼ ▼ ^
XVIII. And be it further enacted . . . , That from and after
. . . [September 29, 1 764] . . . , pn pim or spirits of the produce
or manufacture of any of the colonies or plantations ijLAtti^?i£<^9
HQt_in the possession or undeJllhfijlQiniBipn of his Majesty . . . ,
shall beJuBportpJ or brought into any of th^ colonies or planta-
tions in America which now are, or hereafter may be, in the
possession or under the dominion of his Majesty . . . , upon for-
feiture of all such rum or spirits, together with the ship or vessel
in which the same shall be imported, with the tackle, apparel, and
furniture thereof. . . .
XIX. And it is hereby further enacted . . . , That from
and after . . . [September 29, 1764] . . . , nothing in . . . [the
Molasses Act,] ... or any other act of parliament, shall ex-
tend, or be construed to extend, to give liberty to any person
or persons whatsoever to imp)ort into the kingdom of Ireland,
any sort of sugars, but such only as shall be fairly and bona fide
loaden and shipped in Great Britain, and carried directly from
thence in ships navigated according to law.
XXVII. And it is hereby further enacted . . . , That from
and after . . . [September 29, 1764] . . . , all coftee, piijieiUo,
cocoa nuts, whale-fins, raw sijk, hides, and skjn.s, pot and pearl
ashes, of the growth, production, or manufacture, of ^aiiy British
colony or plaatation in America, shall be imported -directly from
thence into dns kiogdopi, or some other British colony or plan-
tation . . .
XXVIII. And it is hereby further enacted . . . , That from
and after . . . [September 29, 1 764] . . . , JlQJjon, nor any sort
17^1
SUGAR ACT
121
of wogd, commonly called Lumber, as specified in an act passed in
the eighth year of the reign of King George the First, intituled,
An ad for giving further encouragement for tfte importation of
naval stores^ and for other purposes therein mentioned, of the
growth, production, or manufacture, of any British colony or
I^ntation in America, shall be there loaden on board any ship
or vessel to be carried from thence, until sufficient bond shall ^e
gvgn, with one surety besides the master of the vessel, to the
collector or other principal officer of the customs at the loading
port, in a penalty of double the value of the goods, TKith„coildi-
tioix^ tfeat the said goods shgll not bfiJanded in any part of Eu-
rope except 'Grgfl/ Britain, . . .
XXIX. And, for the better preventing frauds in the importa-
tion or exportation of goods that are liable to the payment of
duties, or are prohibited, in the British colonies or plantations
in A merica, it is further enacted . . . , That from and after . . .
[September 29, 1764] . . . , no goods, wares,. o^jnercJiaBdizes,
of any kind whatsoever, shall he shipped or laden on board any
ship or vessel in any of the British cglonies or plantations in
America, to hp mrrjeH from thence to any other British colony
or plantation, ^lifh""^ ^ gnff^pfe nr warrant first had and ob-
tained from_the_colle£tor or other proper officer jftf the customs
at the port or place where such goods shall be intended to be put
on Board. . . .
XXX. And whereas British vessels arriving from foreign parts
at several of the out ports of this kingdom, fully or in part laden
abroad with goods that are pretended to be destined to some
foreign plantation, do frequently take on board some small par-
cels of goods in this kingdom which are entered outwards for
some British colony or plantation, and a cocket and clearance
thereupon granted for such goods, under cover of which the
whole cargoes of such vessels are clandestinely landed in the
British American dominions, contrary to several acts of parlia-
ment now in force, to the great prejudice of the trade and
revenue of this kingdom; for remedy whereof, be it further
enacted . . . , That from and after . . . [May i, 1764,] ... no
ship or vessel shall, upon any pretence whatsoever, be cleared
outwards from any port of this kingdom, for any land, island,
plantation, colony, territory, or place to his Majesty belonging, or
122 STAMP ACT [March aa
which shall hereafter belong unto or be in the possession or undei
the dominion of his Majesty . . . , in Amerkay unless the whole
and entire cargo of such ship or vessel shall be honafidcy and with-
out fraud, laden and shipped in this kingdom. . . .
XXXI. Provided always, That this act shall not extend, nor
be construed to extend, to forfeit, for want of such cocket or
clearance, any salt laden in Europe for the fisheries in New
England^ Newfoundland^ PensylvaniCy New Yorky and Nova
Srotiay or any other place to which salt is or shall be allowed
by law to be carried ; wines laden in the Madeiras y of the growth
thereof; and Twines of the growth of the Western Islands, or
Azores y and laden there; nor any horses, victuals, or linen cloth,
of and from Ireland, which may be laden on board such ships
or vessels.
*♦♦♦♦*♦♦
No, 33. Stamp Act
March aa, 1765
A STAMP act formed part of the plan of colonial taxation outlined by
Townshcnd in 1763, and adopted by Grenville when the latter became prime
minister (see note to No. 32). In September, 1763, the commissioners of
stamp duties were requested to draft provisions for the extension of those
duties to America. In March, 1764, shortly before the passage of the Sugar
Act, Grenville announced his intentipn of introducing, at the next session, a
stamp bill; and the plan received the approval of Parliament. In the mean-
time, opportunity was given the colonial agents to communicate with their
respective governments, in order that the colonics, in ca.sc the stamp tax were
deemed objectionable, might agree upon some other method of raising the
desired revenue. The prospect of parliamentary taxati<>n was viewed with
alarm in America, where a stricter enforcement of the acts of trade was al-
ready thought to threaten disaster to commerce. When, however, the subject
was again brought before Parliament by Grenville, in February, 1765, the
colonial agents^ although remonstrating against the prop)Osed measure, were
unable to recommend any substitute ; while petitions from the colonial assem-
blies, and from London merchants interested in the .\merican trade, were
refused consideration, under a rule of the House of Commons forbidding the
reception of jK'litions on money bills. There was little opposition in Parlia-
ment, anrl ihi' bill paSsed the Commons by a vote of 205 to 49, and the Lonls
without a division. George III. was at the time insane, and the act received
the royal assent, March a 2, by commission.
i76sl STAMP ACT 1 23
RcFOUENCES. — Text in Pickering's Statutes at Large, XXVT., 179-204.
The act is cited as 5 Geo. III., c. 12. The proceedings in Parliament may
be followed in the Parliamentary Hutory, XV., XVl., and the Annual Reg-
liter (1765). The fullest account of the debates is in Bancroft's United States
(ed. 1852), V. Bradford's Massachusetts State Papers, 33-92, gives the ad-
dresses and messages of Governor Bernard, and the answers of the House of
Representatives, of that colony, in relation to the act and its repeal. The
best-known contemporary expression of American opinion, called out by the
Sugar Act and the proposal of a stamp act, is Otis's Rights of the British
Colonies; for a more moderate statement, sec Stephen Hopkins's Rights of
the Colonies Examined (in R. I. Col. Records, VI.).
An act for granting and applying certain stamp duties^ and other
duties, in the British colonies and plantations in America,
towards further defraying the expences of defending, protecting,
and securing the same; and for amending such parts of the
several acts of parliament relating to the trade and revenues of
the said colonies and plantations, as direct the manner of deter-
mining and recovering the penalties and forfeitures therein
mentioned.
WHEREAS by an act made in the last session of parliament,
several duties were granted, continued, and appropriated, towards
defraying the expences of defending, protecting, and securing, the
British colonies and plantations in America: and whereas it is
just and necessary, that provision be made fot raising a further
revenue within your Majesty's dominions in America, towards
defraying the said expences : . , , be it enacted . . . , That from
and after . . . [November i, 1765,] . .^.* there shall be raised,
levied, collected, and paid unto his Majesty, his heirs, and succes-
sors, throughout the colonies and plantations in America which
now are, or hereafter may be, under the dominion of his Majesty,
his heirs and successors,
F-or fsyery skin or piece of vellum or parchment, or sheet or
pifice^Lpgper, on which shall be ingrossed, wriltea or. printed,
§*^y jdccl|ratipii^4)lfia^jCgplicatiQn, rejoinder, demurrer, or other
pleading, gr aTny rnpy thereof, ia any court, of law within the
British colonies and plantations in America, a^^stamp duty of
three pence.
[Then follow specifications of numerous kinds of legal docu-
mentSy with the several rates of duty thereon.]
124 STAMP ACT [March aa
For every skin ... on which shall be ingrossed ... any
note or bill oL lading, which shall be signed for any kind of
goods, wares, or merchandize, to be exported from, or any cocket
or clearance granted within the said colonies and plantations, a
stamp duty of four pence.
For every skin ... on which shall be ingrossed . . . Isttersof
mart, or commission for private ships of war . . . , a stamp duty
of twenty shillings.
For every skin ... on which shall be ingrossed . . . any
grant, ^EEOi^^^Qi* ^^ admission of or to any publick beneficial
office or employment, for the space of one year, or any lesser time,
of or above the value of twenty pounds per annum sterling money,
in salary, fees, and perquisites . . . , (except commissions and
appointments of officers of the army, navy, ordnance, or militia,
of judges, and of justices of the peace) a stamp duty of ten shillings.
For every skin . . . on which any grant of any Ijbertyj privilegej
or franchise, under the seal of any of the said colonies or planta-
tions, or under the seal or sign manual of any governor, proprietor,
or publick officer alone, or in conjunction with any other person
or persons, or with any council, or any council and assembly, or
any exemplification of the same, shall be ingrossed . . . , a stamp
duty of six pounds.
For every skin ... on which shall be ingrossed . . . any
licence Jor retailing of spirituous liquors, to be granted to any
person who shall take out the same . . . , a stamp duty of twenty
shillings.
[Specifications of duties on other forms of liquor licenses follow- .]
For every skin ... on which shall be ingrossed . . . any
probate _of^ will, letters of administration, or of guardianship
for any estate above the value of twenty pounds sterling money;
within the British colonies and plantations upon the continent
of America, the islands belonging thereto, and the Bermuda and
Bahama islands, a stamp duty of five shillings.
For every skin ... on which shall be ingrossed . . . any such
probate, letters of administration or of guardianship, within all
other parts of the British dominions in America, a stamp duty
of ten shillings.
For every skin ... on which shall be ingrossed . . . any bond
for securing the payment of any sum of money, not exceeding die
1765] STAMP ACT 125
sum of ten pounds sterling money, within the British colonies
and plantations upon the continent of America, the islands be
longing thereto, and the Bermuda and Bahama islands, a stamp
duty of six pence.
[Bonds for sums above ;£io and not exceeding ;£2o, one shilling;
above jgao and not exceeding £40, one shilling and sixpence.]
'^ For every skin ... on which shall be ingrossed . . . any ordel
or warrant for surveying or setting out any quantity of land, not
exceeSmg one hundred acres, issued by any governor, proprietor,
or any publick officer alone, or in conjunction with any other
person or persons, or with any council, or any council and assem-
bly, within the British colonies and plantations in America, a
stamp duty of six pence. [Further provision for larger grants.]
For every skin ... on which shall be ingrossed . . . any opgi-
Dal grant, or any jdeed. mesne conveyance, or other instrument
whatsoever, by which any quantity of land not exceeding one
hundred acres shall be granted, conveyed, or assigned, within the
British colonies and plantations upon the continent of America,
the islands belonging thereto, and the Bermtuia and Bahama
islands (except leases for any term not exceeding the term of
twenty one years) a stamp duty of one shilling and six pence.
[Further provision for larger grants.]
For every skin ... on which shall be ingrossed . . . any such
original grant ... by which any quantity of land not exceeding
one hundred acres shall be granted . . . within all other jmrts
of the British dominions in America, a stamp duty of three
shillings. [Further provision for larger grants.]
For every skin ... on which shall be ingrossed . . . any grant,
appointment, or admission, of or tr> ar^y pnKliVl' bf^tipfiriAl office
or employment, not herein before charged, above the value of
twenty pounds per annum sterling money in salary, fees, and per-
quisites, or any exemplification of the same, within the Bri4ish
colonies and plantations upon the continent of America, the
islands belonging thereto, and the Bermuda and Bahama islands
(except commissions of officers of the army, navy, ordnance, or
militia, and of justices of the peace) a stamp duty of four pounds.
For every skin ... on which shall be ingrossed . . . any such
grant . . . within all other parts of the British dominions in
America, a stamp duty of six pounds.
, ...xiii . . . on which any warrant (
anv ])ul)h\k accounls, ht-nefuial warrant, ord
catc, under anv puhliik seal, or undtr ihc ^-a
an\- i^oMTiior, i)r()})rici()r, or ]nil)h(.k utliccr al
tion with any other person or persons, or with
council and assembly, not herein before charge
or let-pass, surrender of office, or policy of a
ingrossed . . . (except warrants or orders for
navy, army, ordnance, or militia, and granti
twenty pounds per annum in salary, fees, and pe
duty of five shillings.
For every skin ... on which shall be ir
notarial itct. bond, deed, letter of att()rnev. p
gage, release, or other obligatory instrument, i
charged . . . , a stamp duty of two shillings ai
For every skin ... on which shall be in
lygic^^j entry, or inrollment oLaDlLgrant, deed
ment whatsoever herein before charged . . . ,
three pence.
For every skin ... on which shall be in
register, . . . not herein before charged . . . ,
two shillings.
And for and upon every pack of pla^d»g-€M
which shall be sold or used . ♦i--^
1765I STAMP ACT 127
or any lesser piece of paper . . . , a stamp duty of one half-
penny, for every printed copy thereof.
For every such pamphlet and paper (being larger than half a
sheet, and not exceeding one whole sheet) . . . , a stamp duty of
one penny, for every printed copy thereof.
For every [)amphlet and paper being larger than one whole
sheet, and not exceeding six sheets in octavo, or in a lesser page,
or not exceeding twelve sheets in quarto, or twenty sheets in
folio . . . , a duty after the rate of one shilling for every sheet
of any kind of paper which shall be contained in one printed copy
thereof.
For every ^tjvprtj^^m**^^ to be contained in any gazette, news
paper, or other paper, or any pamphlet . . . , a duty of two
shillings.
For evfry ajnya^nark or ralpnij^Tj for any one particular year, or
for any time less than a year, which shall be written or printed
on one side only of any one sheet, skin, or piece of paper parch-
ment, or veUum . . . , a stamp duty of two pence.
For every other almanack or calendar for any one particular
year . . . , a stamp duty of four pence.
And for every almanack or calendar written or printed . . . ,
to serve for several years, duties to the same amount respectively
shall be paid for every such year.
For every skin ... on which ,anyJnatnunent, proceeding, or
other matter or thing aforesaid, shall be ingrossed . . . , in any
nfhffr than f\ie^nglish language, a stamp H^ify ftf Hr>iiKi/> the
amount of the respective duties before charged thereon.
And there shall be also paid . . . a Hnty of six pence for every
twenty shillings, in any sum not exceeding fifty pounds sterling
money, which shall be given, paid, contracted, or agreed Jor^ with
or in relation to any clerk or^agprfijiticf , which shall be put or
placed to or with any master or mistress to learn any profession,
trade, or employment.
II. And also a duty of one shilling for every twenty shillings,
in any sum exceeding fifty pounds, which shall be given, paid,
contracted, or agreed, for, with, or in relation to any such clerk
or apprentice.
V. And be it further enacted . . . , That all books and pam*
128 STAMP ACT [March 22
phlets serving chiefly for the purpose of an almanack, by what-
soever name or names intituled or described, are and shall be
charged with the duty imposed by this act on almanacks, but not
wijif any of the duties charged by this act on pamphlets, or other
Printed papers . . .
'^.^ VI. Provided always, that this act shall npt ^.xt^n<\ ^ charge
any t^ilh ttf fiy^^^"g^, accompts, bills of parcels, bills of fees,
or any bills or notes not sealed for payment of money at sight,
or upon demand, or at the end of certain days of payment.
X. Provided always. That this act shall n^^ fiXtSlK^ *^ charge
any proclamation, forms of pyayer and thanksgiving, or any
printed votes of any house of assembly in any of the said colo-
nies and plantations, with any of the said duties on pamphlets
or news papers ; or to charge any books commonly used in any
of the schools within the said colonies and plantations, or any
books containing only matters of devotion or piety; or to charge
any single advertisement printed by itself, or the daily accounts
or bills of goods imported and exported . . .
S XII. And be it further enacted . . . , That the. ^\^ several
■ duties shall bg und^r^the^mflpq^frfinnenj^ of the commissioners, for
the time being, of the duties charged on stamped vellum, parch-
ment, and paper, in Greal Britain: and the said commissioners
are hereby impowered and required to employ such officers under
them, for that purpose, as they shall think proper . . .
^r ' ^r ^h - ^r ^r ^h n* ^h
^jj:XV. And be if further enacted . . . , That if any person or
persons shall sign, ingross, write, print, or sell, or expose to sale,
or cause to be signed, ingrossed, written, printed, or sold, or
exposed to sale, in any of the said colonies or plantations, or in
any other part of his Majesty's dominions, any matter or thing,
for which the vellum ... is hereby charged to pay any duty,
before the same shall be marked or stamped with the marks or
stamps to be provided as aforesaid, or upon which there shall
not be some stamp or mark resembling the same; or shall sign.
1765I STAMP ACT 129
ingross, ... or expose to sale . . . , any matter or thing upon
any veUum . . . that shall be marked or stamped for any lower
duty than the duty by this act made payable in respect thereof;
e\-cry such person so offending shall, for every such offence, for-
feit the sum of ten pounds.
!,XV1. And be it further enacted . . . , That no matter or
thing whatsoever, by this act charged with the payment of a duty,
shall be pleaded or given in evidence, or admitted in any court
within the said colonies and plantations, to be good, useful, or
available in law or equity, unless the same shaU be marked or
stamped, in pursuance of this act, with the respective duty hereby
charged thereon, or with an higher duty.
C XXI. And be it further enacted . . . , That if any register,
puklick officer, clerk, or other person in any court, registry, or
office within any of the said colonies or plantations, shall, at any
time after . . . [November i, 1765,] . . . enter, register, or
inroll, any matter or thing hereby charged with a stamp duty,
unless the same shall appear to be duly stamped; in every such
case such register, publick officer, clerk, or other person, shall,
for every such offence, forfeit the sum of twenty pounds.
* XXVn. And it is hereby further enacted .^. . , That no person
whatsoever shall 'sell or expose to sale any such pamphlet, or any
news p£^r, without the true respective name or names, and place or
places of abode, of some known person or persons by or for whom
the same was really and truly printed or published, shall be written
or printed thereon; upon pain that every person offending therein
shall, for every such offence, forfeit the sum of twenty pounds.
( XXXn. And it is hereby further enacted . . . , That from and
after . . . [November i, 1765,] ... in case any person or per-
sons, within any of the said colonies . . . , shall sell, hawk,
carry about, utter, or expose to sale, any almanack, or calendar,
or any news paper, or any book, pamphlet, or paper, deemed or
construed to be, or serving the purpose of, an almanack or news
paper, within the intention and meaning of this act, not being
I30 STAMP ACT [March 21
Stamped or marked as by this act is directed ; every such person,
shall for every such oflFence, forfeit the sum of forty shillings.
LIV. And be it further enacted . . . , That all the monies
which shall arise by the several rates and duties hereby granted
(except the necessary charges of raising, collecting, recovering,
answering, paying, and accounting for the same and the necessar>'
charges from time to time incurred in relation to this act, and
the execution thereof) shall be paid into the receipt of his Maj-
esty's exchequer, and shall be entered separate and apart from
all other monies, and shall be there reserved to be from time to
time disposed of by parliament, towards further defraying the
necessary expences of defending, protecting, and securing, the
said colonies and plantations.
LVII. [Forfeitures and penalties incurred after September 29,
1765, for offences against the Sugar Act (4 Geo. III., c. 15,)], and
for offences committed against any other act or acts of Parliament
relating to the trade or revenues of the said colonies or planta-
tions; shall and may be prosecuted, sued for, and recovered, in
any court of record, or in any court of admiralty, in the respec-
tive colony or plantation where the offence shall be committed,
or in any court of vice admiralty appointed or to be appointed,
and which shall have jurisdiction within such colony, plantation,
or place, (which courts of admiralty or vice admiralty are hereby
respectively authorized and required to proceed, hear, and deter-
mine the same) at the election of the informer or prosecutor.
LVIII. [Penalties and forfeitures incurred for offences against
this act to be sued for and recovered as in Sec. LVII.] ; and that
from and after . . . [September 29, 1765] . . . , in all cases,
where any suit or prosecution shall be commenced and determined
for any penalty or forfeiture inflicted by this act, or by the said act
made, in the fourth year of his present Majesty's reign, or by any
other act of parliament relating to the trade or revenues of the
said colonies or plantations, in any court of admirality in the
respective colony or plantation where the offence shall be com-
mitted, either party, who shall think himself aggrieved by such
determination, may appeal from such determination to any court
of vice admiralty appointed or to be appointed, and which shall
1765] QUARTERING ACT 131
have jurisdiction within such colony, plantation, or place . . . ;
and the forfeitures and penalties hereby inflicted, which shall be
incurred in any other part of his Majesty's dominions, shall and
may be prosecuted, sued for, and recovered, with full costs of suit,
in any court of record within the kingdom, territory, or place,
where the offence shall be committed, in such and the same man-
ner as any debt or damage, to the amount of such forieiture or
penalty, can or may be sued for and recovered.
No. 34. Quartering Act
April, X765
Further to carry into effect the plans of the ministry in reference to
America, the annual Mutiny Act of 1765 authorized the dispatch to the
cokxiies of such troops as might be deemed necessary. As it was anticipated
that the number so sent would be greater than formerly, the Quartering Act
was passed to provide for their accommodation. The provisions of the
act were re-enacted in 1775 (15 ,Geo. III., c. 15), and made applicable to the
naval forces while on shore.
Rkferznces. — Text in Pickering's Statutes at Large, XXVL, 305-318.
The act is cited as 5 Geo. III., c. 33.
An act io amend and render more effectual ^ in his Majesty's domin-
ions in America, an act passed in this present session of parlia-
ment, intituled, An act for punishing mutiny and desertion, and
for the better payment of the army and their quarters.
WHEREAS ... [by the Mutiny Act of 1765] . . . several
regulations are made and enacted for the better government of the
army, and their observing strict discipline, and for providing
quarters for the army, and carriages on marches and other neces-
sary occasionSy and inflicting penalties on offenders against the same
ad, and for many other good purposes therein mentioned; but the
same may not be sufficient for the forces that may be employed in
kis Majesty's dominions in America : and whereas, during the con-
tinuance of the said act, there may be occasion for marching and
quartering of regiments and companies of his Majesty's forces in
several parts of his Majesty's dominions in America : and whereas
the ^ublick houses and barracks, in his Majesty's dominions in
132 QUARTERING ACT [April
America, may not be sufficient to supply quarters for such forces:
and whtreas it is expedient and necessary that carriages and other
conveniences f upon the march of troops in his Majesty s dominions
in Americaij should be supplied for that pur pose: he it en2icted . . . ,
That for and during the continuance of this act, and no longer,
it shall and may be lawful to and for the constables, tithingmen,
magistrates, and other civil officers of villages, towns, townships,
cities, districts, and other places, within his Majesty's dominions
in America, and in their default or absence, for any one justice
of the peace inhabiting in or near any such village, township,
city, district or place, and for no others; and such constables . . .
and other civil officers aS aforesaid, are hereby required to billet
and quarter the officers and soldiers, in his Majesty's service, in
the barracks provided by the colonies; and if there shall not be
sufficient room in the said barracks for the officers and soldiers,
then and in such case only, to quarter and billet the residue . . .
in inns, livery stables, ale-houses, victualling-houses, and the houses
of sellers of wine by retail to be drank in their own houses or places
thereunto belonging, and all houses of persons selling of rum,
brandy, strong water, cyder or metheglin, by retail, to be drank in
houses; and in case there shall not be sufficient room for the
officers and soldiers in such barracks, inns, victualling and other
publick ale-houses, that in such and no other case, and up>on no
other account, it shall and may be lawful for the governor and
council of each respective province in his Majesty's dominions in
America, to authorize and appoint, and they are hereby directed
and impowered to authorize and appoint, such proper person or
persons as they shall think fit, to take, hire and make fit, and, in
default of the said governor and council appointing and author-
izing such person or persons, or in default of such person or per-
sons so appointed neglecting or refusing to do their duty, in that
case it shall and may be lawful for any two or more of his Majesty's
justices of the peace in or near the said villages, towns, townships,
cities, districts, and other places, and they are hereby required
to take, hire, and make fit for the reception of his Majesty's
forces, such and so many uninhabited houses, outhouses, bams,
or other buildings, as shall be necessary, to quarter therein the
residue of such officers and soldiers for whom there should not be
room in such barracks and publick houses as aforesaid . . .
1765I QUARTERING ACT 1 33
n. And it is hereby declared and enacted, That there shall be
DO more billets at any time ordered, than there are eflFective
soldiers present to be quartered therein: and in order that this
senice may be eflFectually provided for, the commander in chief
in America^ or other officer under whose orders any regiment or
company shall march, shall, from time to time, give ... as
early notice as conveniently may be, in writing, signed by such
coounander or officer of their march, specifying their numbers
and time of marching as near as may be, to the respective governors
of each province through which they are to march . . .
in. [Military officers taking upon themselves to quarter sol-
diers contrary to this act, or using any menace to a civil officer
to deter him from his duty, to be cashiered. Persons aggrieved
by having soldiers quartered upon them may complain to justices
of the peace, and be relieved.]
« * * it it it * *
V. Provided nevertheless, and it is hereby enacted, That the
officers and soldiers so quartered and billeted as aforesaid (except
such as shall be quartered in the barracks, and hired uninhabited
houses, or other buildings as aforesaid) shall be received and fur-
nished with diet, and small beer, cyder, or rum mixed with water,
by the owners of the inns, livery stables, alehouses, victualling-
houses, and other houses in which they are allowed to be quar-
tered and billeted by this act; paying and allowing for the same
the several rates herein after mentioned to be payable, out of the
subsistence-money, for diet and small beer, cyder, or rum mixed
with water.
VI. Provided always. That in case any innholder, or other
person, on whom any non-commission officers or private men
shall be quartered by virtue of this act, . . . (except on a march,
or employed in recruiting, and likewise except the recruits by them
raised, for the space of seven days at most, for such non -commission
officers and soldiers who are recruiting, and recruits by them
raised) shall be desirous to furnish such non-commission officers
or soldiers with candles, vinegar, and salt, and with small beer or
cyder, not exceeding five pints, or half a pint of rum mixed with a
quart of water, for each man per diem] gratis, and allow to such non-
commission officers or soldiers the use of fire, and the necessary
u[n]tensils for dressing and eating their meat, and shall give
134 QUARTERING ACT [AprA
notice of such his desire to the commanding officer, and shall
furnish and allow the same accordingly; then . . . the non-
commission officers and soldiers so quartered shall provide their
own victuals; and the officer to whom it belongs to receive, or that
actually does receive, the pay and subsistence of such non-com*
mission officers and soldiers, shall pay the several sums herein
after-mentioned to be payable, out of the subsistence-money,
for diet and small beer, to the non-commission officers and soldiers
aforesaid . . .
VII. And whereas there are several barracks in several places
in his Majesty's said dominions in America^ or some of them,
provided by the colonies, for the lodging and covering of soldiers
in lieu of quarters, for the ease and conveniency as well of the
inhabitants of and in such colonies, as of the soldiers; it is hereby
further enacted. That all such officers and soldiers, so put and
placed in such barracks, or in hired uninhabited houses, out-
houses, bams, or o{her buildings, shall, from time to time, be
furnished and supplied there by the persons to be authorized or
appointed for that purpose by the governor and council of each
respective province, or upon neglect or refusal of such governor
and council in any province, then by two or more justices of the
peace residing in or near such place, with fire, candles, vinegar, and
salt, bedding, utensils for dressing their victuals, and small beer or
cyder, not exceeding five pints, or half a pint of rum mixed with a
quart of water, to each man, without paying any thing for the same.
VIII. [Persons taking or hiring uninhabited houses, &c., for
troops, and furnishing supplies as aforesaid, to be reimbursed by
the province.]
XI. And be it further enacted . . . , That if any constable,
.tythingman, magistrate, or other chief officer or person whatso-
ever, who, by virtue or colour of this act, shall quarter or billet,
or be employed in quartering or billeting, any officers or soldiers,
within his Majesty's said dominions in America, shall neglect or
refuse, for the space of two hours, to quarter or billet such officers
or soldiers, when thereunto required, in such manner as is by
this act directed, provided sufficient notice be given before the
arrival of such forces; ... or in case any victualler, or any other
person . . . , liable by this act to have any officer or soldier
1765] QUARTERING ACT 135
billeted or quartered on him or her, shall refuse to receive or victual
any such ofl&cer or soldier ... ; or in case any person or persons
shall refuse to furnish or allow, according to the directions of this
act, the several things herein before directed to be furnished or
allowed to officers and soldiers, so quartered or billeted on him or
her, or in the barracks, and hired uninhabited houses, out-houses,
bams or other buildings, as aforesaid, at the rate herein after
mentioned ; and shall be thereof convicted before one of the mag-
istrates of any one of the supreme chief or principal common law
courts of the colony where such oflFence shall be committed, . . .
[every such offender shall forfeit not less than forty shillings nor
more than £$,]
XV. And be if further enacted . . . , That for the better and
more regular provision of carriages for his Majesty's forces in
their marches, or for their arms, cloaths, or accoutrements, in
his Majesty's said dominions in America, all justices of the peace
within their several villages . . . [&c.] . . . and places, being
duly required thereunto by an order from his Majesty, or the
general of his forces, or of the general commanding, or the com-
manding officer there shall, as often as such order is brought and
shewn unto one or more or them, by the quarter-master, adjutant,
or other officer of the regiment, detachment, or company, so ordered
to march, issue out his or their warrants to the constables ... or
other officers of the villages . . . and other places, from, through,
near, or to which such regiment, detachment, or company, shall
be ordered to march, requiring them to make such provision for
carriages, with able men to drive the same, as shall be mentioned
in the said warrant : allowing them reasonable time to do the same,
that the neighbouring parts may not always bear the burthen:
and in case sufficient carriages cannot be provided within any such
village ... or other place, then the next justice or justices of
the peace of the village ... or other place, shall, upon such
order as aforesaid . . . , issue his or their warrants to the con-
stables ... or other officers, of such next village ... or other
place, for the purposes aforesaid, to make up such deficiency;
and such constable ... or other officer, shall order or appoint
such person or persons, having carriages, within their respective
villages ... or other places, as they shall think proper, to provide
136 RESOLUTIONS OF THE STAMP ACT CONGRESS [Oct. 19
and furnish such carriages and men, according to the warrant
aforesaid . . .
XVI. And be it further enacted, That the pay or hire for a
New York waggon, carrying twelve hundred pounds gross weight,
shall be seven pence sterling for each mile; and for every other
carriage in that and every other colony . . . , in the same pro-
portion; and at or after the same rate or price for what weight
every such other carriage shall carry; and that the first day's
pay or hire for every such carriage, shall be paid down by such
officer to such constable ... or other civil officer, who shall get
or procure such carriages, for the use of the owner or owners
thereof; and the pay or hire for every such carriage after the first
day, shall be paid every day, from day to day, by such officer as
aforesaid, into the hands of the driver or drivers of such carriages
respectively, until such carriages shall be discharged from such
service, for the use of the owner and owners thereof.
^p ^^ ^^ ^p ^p ^p ^^ ^p
XVIII. Provided also. That no such waggon, cart, or carriage,
shall be obliged to travel more than one day's march, if, within
that time, they shall arrive at any other place where other car-
riages may be procured; but, in case other sufficient carriages
cannot be procured, then such carriages shall be obliged to con-
tinue in the service till they shall arrive at such village ... or
other place, where proper and sufficient carriages, for the service
of the forces, may be procured.
♦ <(♦♦♦♦♦♦
No. 35. Resolutions of the Stamp Act
Congress
October xg, X765
In n jjiDilar Itrttrr nf jfiyfir 8, 1765, theMassacbusetts House of Represent-
atives proposed to the other colonies the appoTntment of committees to meet
at New York, in October, " to consult together on the present circumstances
of the colonies, and the difficulties to which they are and must be reduced by
the operation of the acts of parliament, for levying duties and taxes on the
colonies; and to consider of a general and united, dutiful, loyal and humble
representation of their condition to his majesty and to the parliament, and to
1765] RESOLUTIONS OF THE STAMP ACT CONGRESS 137
imptorejpelief." The congress met October 7, jfikgates, variously appointed.
l«ng present from Massachusetts, Rhodejsland, Connecticut, New York,
jjcaL^Jersey, Pennsylvania, ^laware, Maryland, and South Carolina.
Timothy Ruggles of Massachusetts was chosen chairman. On the 19th a
"declaration of the rights and grievances of the colonists in America," origi-
nally drafted by John Dickinson, a delegate from Pennsylvania, was agreed to;
00 the 92d a petition to the King, also drawn by Dickinson, and a memorial
and petition to the House of Lords, were approved, followed on the 23d by a
petition to the Commons. After voting to recommend to the several colonies
the appointment of special agents ''for soliciting relief from their present
grierances'* in England, the congress adjourned. Ruggles did not assent to
the declaration of the congress, and was later censured for his refusal by the
Massachusetts House of Representatives. The petition to the Commons was
presented in that body January 27, 1766, and, after some debate, was passed
over without action.
Refekences. — Text in Almon's Prior Documents^ 27, 28. The journal
01 the congress was printed in Niles's Weekly Register^ II., 337-342, 353-
355, and reprinted in Niles's Principles and Acts of the Revolution. Dick-
inson's draft is in his Writings (Ford's ed., 1895), I., 183-187. The best
account of the congress is that of Frothingham, Rise of the Republic, chap. 5 ;
also two letters to Thomas McKean, in John Adams's Works, X,, 60--63.
T^e^members of this Congress, sincerely devoted, with the
wannest sentiments of affection and duty to his Majesty's person
and government, inviolably attached to the present happy estab-
lishment of the Rotestant succession, and with minds deeply
impressed by a sense of the present and impending misfortunes
of the British colonies on this continent; having considered as
maturely as time will permit, the circumstances of the said colo-
nies, esteem it our indispensible duty to niake the following
declarations^of our humble opinion, respecting the most essential
rights and liberties of the colonists, and of the grievances under
which they labour, by reason of several late acts of parliament.
I. ..That his Majesty's subjects in these colonies, owe the same
allegiance to the crown of Great Britain, that is owing from his
subjects bom within the realm, and all due subordination to that
august body the parliament of Great-Britain.
II. That his Majesty's liege subjects in these colonies, are
intitled_tQ.£jl the inherent rights and liberties of his natural bom
subjects, within the kingdom of Great-Britain.
III. That it is inseparably essential to the freedom of a people,
and the undoubted right of Englishmen, that no Taxes be impcMsed
,. X Liai MIC only representatives of th(
nies are |)er>()n> (ho-en ihercin l>v ihcniM-l
ever havt- Ih'c-ik or (an In- ( on-iiiutionallv
l)y their re>})eelive legi>latures.
VI. That all supplies to the crown h
people, it is unreasonable and inconsistcr
and spirit of the British constitution, for
Britain to grant to his Majesty the proper
VII. TjiaL-txial-by-jury, jsjhe inherent
of every British subject in these colonies.
Vill. That . . . [the Stamp Act] . . . ,
the inhabitaiifs of these colonies, and the :
other acts, by extending the jurisdiction of th
beyond its ancient limits, have a manifest
the rights and liberties of the colonists.
IX. T.bat the duties imposed by several
ment, from the peculiar circumstances of
be extremely burthensome and grievous; ar
of specie, the^pgiyment of them absolutely i
X. Xbat as the profits of the trade of thes
center in Great-Britain, to pay for the mam
are.pbliged tQ take from thence, they evcnti
largely to all supplies granted there to the
XL ThatUhe. restrictions imposed by sevc
liament on the trade of these colonies, will
to^purchase the mamif^j'-*'*-'*'- ' ^
1765] DECLARATORY ACT I39
to endeavour by a loyal and dutiful address to his Majesty, and
humble applications to both houses of parliament, to procure the
repeal of the act for granting and applying certain stamp duties,
of all clauses of any other acts of parliament, whereby the juris-
diction of the admiralty is extended as aforesaid, and of the other
late acts for the restriction of American commerce.
No. 36. Declaratory Act
March x8, 1766
The first legislative protest against the Stamp Act came from Virginia.
May 30, 1765, the House of Burgesses adopted four resolutions, submitted by
Patrick Henry, declaring that "The General Assembly of this colony, together
with his Majesty or his substitutes, have, in their representative capacity, the
only exclusive right and power to lay taxes and imposts upon the inhabitants
of this colony; and that every attempt to vest such power in any other person
or per«>ns whatever than the General Assembly aforesaid, is illegal, uncon-
stitutional, and unjust, and have [has] a manifest tendency to destroy British
SL5> well as American liberty." On the 8th of June, Massachusetts issued the
call for the Stamp Act congress. The Rockingham ministry, which succeeded
that of Gren ville in July, was favorable to America ; and Conway, the minister
in charge of colonial affairs, was opposed to the policy of taxing the colonies
without their consent. By November i, the date on which the Stamp Act
W7LS to go into effect, the resolutions of assemblies and public meetings, and
the intimidation and violence of the " Sons of liberty " and others, had made
the execution of the act impossible, even if stamps could have been had. A
circular letter from Conway to the governors, dated October 24, urging them
to do their utmost to maintain law and order, and authorizing them to call
upon the military and naval commanders for assistance, if necessary, was
una\'ailing. At the opening of Parliament, December 17, papers relating to
affairs in America were submitted. Numerous petitions were also presented
setting forth the losses which the Stamp Act had inflicted upon British trade.
A resolution declaratory of the right of Parliament to tax the colonies, sub-
mitted February 3, was adopted by large majorities. On the 6th the Lords,
by a vote of 59 to 54, resolved in favor of executing the Stamp Act; but a
similar proposition in the Commons was rejected by a vote of more than two
to one. On the 1 2th the King announced himself favorable to modification
of the act; while the examination of Franklin before the House of Commons
further strengthened the argument for repeal. The repeal bill and the declar-
atory bill passed the Commons March 4, and on the 7th the declaratory bill
passed the Tx>rds. The proposition to repeal the Stamp Act, however, en-
countered strong opposition in the Lords, where 33 members entered a pro-
I40 DECLARATORY ACT [March i8
test against it at the second reading, and 38 at the third; but on the 17th the
bill passed, and the next day both acts received the royal assent.
References. — Text in Pickering's Statutes at Large, XXVII., 19, 20.
The act is cited as 6 Geo. III., c. i3. The act of repeal is 6 Geo. III., c. 1 1.
For the debates, see the Parliamentary History, XVI., and the Annual Regis-
ter (1766). Franklin's examination is in his Works (Sparks*s ed., IV., 161-
198; Smyth's ed., IV., 412-448).
An act for the better securing the dependency of his Majesty's domin-
ions in America ufpn the crown and parliament of Great Britain.
WHEREAS several of the houses of representatives in his Maj-
esty's colonies and plantations in America, have of late, against law^
claimed to themsdveSy or to tlie general assemblies of the same, the
sole and exclusive right of imposing duties and taxes upon his
Majesty's subjects in the said colonies and plantations; and fiave,
in pursuance of such claim, passed certain votes, resoltUions, and
orders, derogatory to the legislative authority of parliament, and
inconsistent with the dependency of the said colonies and plantations
upon the crown of Great Britain : ... be it declared . . . , That
the said colonies and plantations in America have been, are, and
of right ought to be, subordinate unto, and dependent upon the
imperial crown and parliament of Great Britain; and that the
King's majesty, by and with the advice and consent of the lords
spiritual and temporal, and commons of Great Britain, in parlia-
ment assembled, had, hath, and of right ought to have, full power
and authority to make laws and statutes of sufficient force and
validity to bind the colonies and people of America, subjects of
the crown of Great Britain, in all cases whatsoever.
II. And be it further declared . . . , That all resolutions, votes,
orders, and proceedings, in any of the said colonies or plantations,
whereby the power and authority of the parliament of -Great
Britain, to make laws and statutes as aforesaid, is denied, or
drawn into question, are, and are hereby declared to be, utterly
null and void to all intents and purposes whatsoever.
1766] ACT SUSPENDING THE NEW YORK ASSEMBLY 141
No. 37. Act suspending the New York
Assembly
June 15, 1767
In a message to the New York House of Assembly, June 13, 1766, Gov-
ernor Moore informed the House of the expected arrival of troops in the city,
and recommended that provision be made for them in accordance with the
late Quartering Act [No. 34]. On the igth the House adopted five resolu-
tions, reported by Philip Livingston, excusing themselves from compliance
with the request, on the ground that the requisition was "of such a nature and
tendency that, should it be granted, the expence might, and probably would,
very soon exceed the ability of this colony to pay, as the number of troops
that may from time to time require the like provision, are . . . entirely
unknown, and the articles required for the greatest part . . . unprecedented ; "
but the House intimated, at the same time, that a balance of £3990 in the
treasury of the province, subject to the order of the commander-in-chief of
the forces in America, might be used for the purpose in question. On an
inquiry from the governor as to the precise use to which the money referred to
was to be put, the assembly again, June 23, pleaded the small resources of the
colony, but recommended that provision he made "for furnishing the bar-
racks in the cities of New York and Albany, with beds, bedding, fire-wood,
candles, and utensils for dressing of victuals for two battalions, not exceeding
five hundred men each, and one company of artillery for one year" ; and that
the money beforementioned be drawn upon for the purpose. A bill to this
effect was accordingly brought in and passed, and July 3 received the assent
of the governor. A report of the action of the assembly having been made to
the Board of Trade, the Earl of Shelbume, in a letter of August 6 to Gov-
ernor Moore, expressed the hope that the requirements of the Quartering Act
would be fully complied with. To this letter, communicated to the assembly
in November, the House replied that New York had already assumed a
heavier financial burden in the matter of supporting troops than any other
colony, and that, since the act appeared to them designed for the needs of
soldiers on the march, and not of such as might be stationed in the province
for a whole year, they could not " put it in the power of any person " to lay
upon them such a "ruinous and unsupportable " expense. December 19
the assembly was prorogued until the following March. May 15, 1767, the
committee erf the House of Commons to whom the matter had been referred,
recommended the suspension of the assembly until the terms of the Quar-
tering Act were complied with; and June 15a bill embodving the recommen-
dations received the royal assent. The assembly continuing obstinate, it was
dissolved. The newly elected House also refused compliance, and was like-
dissolved. A third, in 1769, made the required provision.
i, — Text in Pickering's Statutes at Large, XXVII., 609, 6ia
142 ACT SUSPENDING THE NEW YORK ASSEMBLY [June 15
The act is cited as 7 Geo. III., c. 59. Extracts from the proceedings ot the
New York legislature are in Almon's Prior Documents.
An act for restraining and prohibiting the governor, council, and
house of representative, of tJie province of New York, until
provision shall have been made for furnishing the King^s troops
with all the necessaries required by law, from passing or assenting
to any act of assembly, vote, or resolution, for any other purpose,
[The preamble recites the passage of the Mutiny or Quartering
Act of 1765, continued by subsequent refinactments to March 24,
1769; the refusal of the New York house of representatives to
comply with the act of 1765, and its tender of quarters and supplies
"inconsistent with the provisions, and in opposition to the direc-
tions," of the said act, and continues:] In order therefore to
enforce, within the said province of New York, the supplying of
his Majesty's troop>s with the necessaries and in the manner re-
quired by the said acts of parliament; ... be it enacted . . . ,
That from and after . . . [October i, 1767,] . . . until provision
shall have been made by the said assembly of New York for
furnishing his Majesty's troops within the said province with all
such necessaries as are required by the said acts of parliament,
or any of them, to be furnished for such troops, it shall not be
lawful for the governor-^ lieutenant governor, or person presiding
or acting as governor or commander in chief, or for the council
for the time being, within the colony, plantation, or province, of
New York in America, to pass, or give his or their assent to, or con-
currence in, the making or passing of any act of assembly ; or his
or their assent to any order, resolution, or vote, in concurrence
with the house of representatives for the time being within the
said colony, plantation, or province ; or for the said house of rep-
resentatives to pass or make any bill, order, resolution, or vote,
(orders, resolutions, or votes, for adjourning such house only,
excepted) of any kind, for any other purpose whatsoever; and
that all acts of assembly, orders, resolutions, and votes whatsoever,
which shall or may be passed, assented to, or made, contrary to
the tenor and meaning of this act, after . . . [October i, 1767,]
. . . within the said colony, plantation, or province, . . . shall be,
and are hereby declared to be, null and void, and of no force or
effect whatsoever.
17^1 TOWNSHEND REVENUE ACT 143
No. 38. Townshend Revenue Act
June ag, 1767
fcf August, i7ffe, ]^tti "^^ E^^' oi Chatham, succeeded Rockingham as
pfime minister; but illness soon incapacitated him for active particifKition in
iSairs, and the leadership fell to Townshend, chancellor of the exchequer.
The irritationover the repeal of ihe Siamp Act was increased by the reports
cf continued agitation in America; while the reduction of the land tax from
4S. to 3J. in the pound, brought about by factious opposition to the ministry,
necessitated revenue from some other source. ''On January 26, 1767, in a
debate on the army, George Grenville moved that America, like Ireland,
shouJd support an establishment of her own ; and in the course of the discus-
sioa which followed, Townshend took occasion to declare himself a firm ad-
vocate erf the principle of the Stamp Act." The plans for carrying his policy
into effect were brought forward by Townshend in May, and embraced three ^
paints: the enforcement^of existing^ laws^ the_appointmcnt of customs com- ^^
missioners, and provisidh for adequate revenue. The strong opposition in
the colonies to tne SugarAcl*'Kad led, in 1766, to the repeal of the duties im-
posed by that act, except the duty on tea (6 Geo. III., c. 52). In franung the
1767, Townshend professed to observe the distinction urged in
America between ememal and internal taxs^tion, and to provide a revenue by
jBcaavS^iinport dudes only. The proceeds of the duties, estimated at about
£40,000, were toTw appBed towards the civil and military expenses of the
colonies. Further to insure the observance of the act, writs of assistance were
legalized. On the 4th of September Townshend died, and the execution
of the act, which had not yet gone into operation, devolved upon his succes-
sors. The duties imposed by the act, with the exception of the duty on tea,
were repealed by an act of April 12, 1770.
References. — Tex^ in Pickering's Statutes at Large^ XXVII., 505-512.
The act is cited as 7 Geo. III., c. 46. For the debates and proceedings see
the Parliamentary History^ XVI. Summaries of the debates, reflecting as
usual public opinion in England, are in the Annual Register (1767). Of
contemporary discussions in America, Dickinson's Letters from a Farmer
{Writings, Ford's cd., I., 305-406) is the most important. The acts estab-
lishing customs commissioners in America (7 Geo. III., c. 41) and imposing
duties on tea (7 Geo. III., c. 56), the other parts of Townshend's scheme, are
in MacDonald's Select Charter s, Nos. 62 and 64. The act of repeal is 10
Geo. III., c 17.
An act for granting certain duties in the British colonies and plan-
tations in America; for allowing a drawback of the duties of
customs upon the exportation^ from this kingdom^ of coffee and
cocoa nuis of the produce of the said colonies or plantations; for
discontinuing the drawbacks payable on china earthen ware
144 TOWNSHEND REVENUE ACT [June 19
exported to America; and for more effectually preventing the
clandestine running of goods in the said colonies and plantaiions,
WHEREAS it is expedient that a revenue should be raised, in
your Majesty's dominions in America, for making a more certain
and adequate provision for defraying the charge of the administra-
tion of justice, and the support of civil government, in such prov-
inces where it shall be found necessary; and towards further
Lfdefraying the expences of defending, protecting, and securing the
said dominiofU; ... be it enacted . . . , That from and after
. . . [November 20, 1767,] . . . there shall 1^ raised, levied,
collected, and paid, unto his Majesty, his heirs, and successors,
for and upon the respective Goods herein after mentioned, which
shall be imported from Great Britain into any colony or plantation
in America which now is, or hereafter may be, under the dominion
of his Majesty . . . , the several Rates and Duties following;
that is to say, *
For every hundred weight avoirdupois of c^wn, plate, flint,
and white glass, four shillings and eight pence.-
For every hundred weight avoirdupois of green glass, one
shilling and two pence.
. For every hundred weight avoirdupois of rgdJi.ead, two shil-
lings.
For every hundred weight avoirdupois of white^lead, two shil-
lings.
For every hundred weight avoirdupois of pmntfrs rnlourgj two
shillings.
For every pound weight avoirdupois of, tea, three pence.
For every xeaizuof-papoF^ usually called or known by the name
of Adas fine, twelve shillings.
[Then follow specifications of duties on sixty-six grades or
classes of paper.]
♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦.
IV. . . . and that all the monies that shall arise by the said
duties (except the necessary charges of raising, collecting, levy-
ing, recovering, answering, paying, and accounting for the same)
shall be applied, in the first place, in such manner as is herein
after mentioned, in making a more certain and adequate pro-
vision for the charge of the administration of justice, and the
ijijl TOWNSHEND REVENUE ACT 1 45
jipport of civil government, in such of the said colonies and
pisintadons where it shall be found necessary ; and that the residue
d such duties shall be paid into the receipt of his Majesty's
eirhequer, and shall be entered separate and apart from all other
monies paid or payable to his Majesty . . . ; and shall be there
lesenred, to be from time to time disposed of by parliament
towards defraying the necessary expences of defencUsg, .,pro-
tecdngi, and securing, the British colonies and plantations in
Awurica.
VI. And whereas the allowing a drawback 0/ all tile duties of
customs upon the exportation, from this kingdom ^ of coffee and cocoa
nuts, the growth of the British dominions in America, may be a
means of encouraging the ^rov^th of cofee and cocoa in the said
dominions; be it therefore enacted . . . , Th^ from and after
. . . [November 20, 1767] . . . , upon the exportation of any
cofTee or cocoa nuts, of the growth or produce of any British colony
or plantation in America, from this kingdom as merchandize, the
whole duties of customs, payable upon the importation of such
cofifee or cocoa nuts, shall be drawn back and repaid; in such
manner, and under such rules, regulations, penalties, and for-
feitures, as any drawback or allowance, payable out of the duties
of customs upon the exportation of such cofifee or cocoa nuts,
was, could, or might be paid, before the passing of this act. . . .
VII. And it is hereby further enacted . . . , That no drawback
shall be allowed for any china earthen ware sold, after the pass-
ing of this act, at the sale of the united company of merchants
of England trading to the East Indies, which shall be entered for
exportation from Great Britain to any part of America. . . .
♦ ««♦♦♦♦♦
X. And whereas by , , , [the explanatory Navigation Act of
1662] . . . and several' other acts now in force, it is lawful for any
officer of his Majesty^ s customs, authorized by writ of assistance
under the seal of his Majesty^ s court of exchequer, to take a constable,
headborough, or other publick officer inhabiting near unto the place,
and in the day-time to enter and j^o into any house, shop, cellar,
wareh&usr^Tffroomor other place, and, in case of resistafue, to break
open doors, chests, trunks, and other package there, to seize, and
from thence to bring, any kind of goods or merchandize whatsoever
146 MASSACHUSETTS CIRCULAR LETTER [Febniaiy xx
prohibited or uncustofncdy and to put and secure the same in his
Majesty^s store-house next to the place where such seizure shall be ^
made: and whereas by . , , [the Navigation Act of 1696] . . . d
15, amongst other things, enacted, that the officers for collecting and
managing his Majesty^s revenue, and inspecting the planUUum
trade, in America, shall have the same powers and authorities to
enter houses or warehouses, to search for and seize goods prohibited
to be imported or exported into or out of any of the said planta-
tions, or for which any duties are payable, or ought to have been
paid; and that the like assistance shall be given to the said officers
in the execution of their office, as, by the said recited act of the four-
teenth year of King Charles the Second, is provided for the officers
in England : but, no authority being expressly given by the said ad
. . , of King William the third, to any particular court to grant
such writs of assistance for the officers of the customs in the said
plantations, it is doubted whether such officers can legally enter
houses and other places on land, to search for and seize goods, in the
manner directed by tJie said recited acts: To obviate which doubts
for the future, and in order to carry the intention of the said
recited acts into effectual execution, be it enacted . . . , That
from and after . . . [November 20, 1767,] . . . such writs of
assistance, to authorize and impower the officers of his Majesty's
customs to enter and go into any house ... or other place, in
the British colonies or plantations in America, to search for and
seize prohibited or uncustomed goods . . . , shall and may be
granted by the said superior or supreme court of justice having
jurisdiction within such colony or plantation respectively.
No, 39. Massachusetts Circular Letter
February 11, 1768
The General Court of Massachusetts met Dec. 30, 1 767. The address of
Governor Bernard dealt with the question of the boundaries between Massa-
chusetts and New York and New Hampshire and Maine, and did not men*
tion the Townshend acts. The acts were, however, read in the House, and
the consideration of them referred to a committee of nine on tlic state of the
province. On the lath of January thg.i::uiXUIlitle^ reported a draftiiLaJattei
iTtf] MASSACHUSETTS CIRCULAR LETTER 147
to Dennis Dc Berdt, agent of the colony in England, reviewing the aiguments
afonst taxation by Great Britain, and pr^»*>gfing ? gaiTift,*.t!tJ!!!.CSDt acti aa
mjttstand unwarranted. Subsequently a petition to the King, and letters to
SK&arne, kocRTrigYiam, Camden, Chatham, Conway, and the Commis-
sioDers of the Treasury, were adopted. On the aist of January a motion
''feo appoint a time to consider the expediency of writing to the assemblies of
the o^ier colonies on this continent, with respect to the importance of their
jotoixig with them in petitioning his Majesty at this time," was rejected; but
Qo Feb. 4 the motion was reconsidered, and ^ mmmiift^m. appr>in»«H "tn p^*-
paic a ietter-ia-b»-acnt to each, of .the Housealof Representatives and Bur-
lon the continent, to inform them of the measures which this House has
taken witL regard to the difficulties arising from the acts of Parliament for
fe^-ying duties and taxes on the American colonists." The letter, drawn up by
Samuel Adams, was reported on the nth and adopted. The letter was laid
^orc the^^^iinet April 15, by Lord Hillsborough, secretaiy of state for the
colonies. A letter from Hillsborough to the governors of the several colonies,
April 31, called upon them to exert their " utmost influence" to prevent the
various assemblies from taking action on the Massachusetts circular; while
a communication to Governor Bernard, of the following day, instructed him
to require the assembly to rescind the resolution under which the circular
letter was issued, and, in case of refusal, to dissolve' them. On the 30th of
June, after adopting a letter to Hillsborough defending their action, the
House by a vote of 92 to 1 7, refused to rescind. The next day the General
Court was dissolved.
References. — Text in Bradford's MassachuseUs State Papers^ 134-136;
the same work gives the other Massachusetts letters and documents referred
to above. Almonds Prior Documents ^ 220, gives Hillsborough's letter to the
governors; 303-205, extracts from the letter to Bernard; 313-218, replies of
other colonies to the circular letter.
Province of MassachuseUs Bay, February 11, 1768.
SIR,
The House of Representatives of this province, have taken
into their serious consideration, the great difficulties that must
accrue to themselves and their constituents, by the operation of
several acts of Parliament, imposing duties and taxes on the
American colonies.
As it is a subject in which every colony is deeply interested,
they have no reason to doubt but your House is deeply impressed
with its importance, and that such constitutional measures will
be come into, as are proper. It seems to be necessary, that all
possible care should be taken, that the representatives of the
several assemblies, upon so delicate a point, should harmonize
with each other. The House, therefore, hope that this letter will
148 MASSACHUSETTS CIRCULAR LETTER [February ir
be candidly considered in no other light then as expressing a
disposition freely to communicate their mind to a sister colony,
upon a common concern, in the same manner as they would be
glad to receive the sentiments of your or any other House of
Assembly on the continent.
The House have humbly represented to the ministry, their own
sentiments, that his Majesty's high court of Parliament is the
supreme legislative power over the whole empire; that in all free
states the constitution is fixed, and as the supreme legislative
derives its power and authority from the constitution, it cannot
overleap the bounds of it, without destroying its own foundation ;
that the constitution ascertains and limits both sovereignty and
allegiance, and, therefore, his Majesty's American subjects, who
acknowledge themselves bound by the ties of allegiance, have an
equitable claim to the full enjoyment of the fundamental rules of
the British constitution; that it is an essential, unalterable right,
in nature, engrafted into the British constitution, as a funda-
mental law, and ever held sacred and irrevocable by the subjects
within the realm, that what a man has honestly acquired is abso-
lutely his own, which he may freely give, but cannot be taken
from him without his consent; that t^** AmfDVrLTL^hjprfs may,
therefore, exclusive of any consideration of charter rights, with
a decent firmness, adapted to the character of free men and sub-
jects, ^assert this natural and constitutional right.
It is, moreover, their humble opinion, which they express with
the greatest deference to the wisdom of the Parliament^ that ihe
acts made there, imposing duties on the f)eople of this province,
with the sole and express purpose of raising a revenue, .are. in-
fringements of their natural and. constitutional rights; because,
as they ai^jioijg^jgssiit^ in the British Parliament, his Majesty's
Commons in Britain, by those acts, grant their property without
their consent.
This House further are of opinion, that their constituents,
considering their local circumstances, cannot, ,by any possibility,
be represented in the Parliament; and that/ H will J^^jtv^r by
impracticable, that they should be equally represented there, and
consequently, not at all ; being separated by an ocean of a thou-
sand leagues. ThatJus-^Majesty's royal predecessors, for this
reason, were graciously pleased to fQrni_a_ subordinate legislature
1768] MASSACHUSETTS CIRCULAR LETTER 149
lnje, tha.L_thciiL.subjects might enjoy the unalienable right _pfji
regrgaentalion : also, that considering the utter impracticability
of their ever being fully and equally represented in Parliament,
and the great expense that must unavoidably attend even a partial
representation there, this House think that a .taxation of_ their
constituents, even withnnt fhpiV mn^nt^ grievous as it is, would
be preferable to any representation that could. hfi admitted for
them t^gce.
Upon these principles, and also considering that were the right
in Parliament ever so clear, yet, for obvious reasons, it would be
beyond Vhe rules of equity Jhat their constituents should be taxed,
on the manufactures of. Gxeat. Britain here, in addition to the
duties tlvex,pay for them ii\^England, and other advantages aris-
ing to Great Britain, from the acts of trade, this House have
preferred a humble, dutiful, and loyal petition, to our most gra-
cious sovereign, and made such representations to his Majesty's
ministers, as they apprehended would tend to obtain redress.
They have also submitted to consi4eratipn, whether any people
can be said to'enjoy any degree of freedom, if the Crown, in addi-
tion to its undoubted authority of constituting a Governor, should
appoint him such. a stipend as it may judge proper, without the
consent of the people, aiid at their expoi^^e; and whether, while
the judges of the land, and other civil /imcers, hold not their com-
missions during good behaviour, their having salaries appointed
for them by the Crown, independent of ihe.pfigple, hath not a
tendency to subvert the principles of equity, and endanger the hap-
piness and sectuity of the subject.
In addition to these measures, the House 4^ve written a letter
to their agents which he is directed to lay before the ministry;
wherein_thev take notice of the hardships of the act for prevent-
ing mutiny and desertion, which requires the Governor and
Council to prqvide^enumerated articles for the King's marching
troops, and thepeople to pay the expenses ; and also, the com-
mission of the gentlemen appointed .commissioners of. the cus-
toms, to reside in America, which authorizes them to make as
many appointments as they think fit, and to pay the appointees
wha^ sum they please, for whose mal-conduct they are not account-
able; from whence it may happen, that officers of the Crown
may be multiplied to such a degree as to become dangerous to
/
150 BOSTON PORT ACT [Manh ji
the liberty of the people, by virtue of a commission, which does nol
appear to this House to derive any such advantages to trade as
many have supposed.
These are the sentiments and proceedings of this House; and
as they have too much reason to believe that the enemies of the
colonies have represented them to his Majesty's ministers, and
to the Parliament, as factious, disloyal, and having a disposition
to make themselves indef)endent of the mother country, they have
taken occasion, in the most humble terms, to assure his Majesty,
and his ministers, that, with regard to the f)eople of this province,
and, as they doubt not, of all the colonies, the charge is unjust.
The House is fully satisfied, that your Assembly is too generous
and liberal in sentiment, to believe that this letter proceeds from
an ambition of taking the lead, or dictating to the other assemblies.
They freely submit their opinions to the judgment of others;
and shall take it kind in your House to point out to them any
thing further, that may be thought necessary.
This House cannot conclude, without expressing their firm
confidence in the King, our common head and father; that the
united and dutiful supplications of his distressed American sub-
jects, will meet with his royal and favorable acceptance.
No. 40. Boston Port Act
March 31, 1774
By the Townshend Revenue Act [No. 38], a duty of ^d. per pound was
imposed upon lfia»uxt29''A*^ ^'^to the American colonies from Great Britain ;
but by the Tea Act of the same year the inland duty of 15. per pound was taken
oif for five years, and a drawback allowed, on tea exported to America, of the
entire customs duty payable on its importation into England. The .duties
imposed by the Keveaue Act, except that on tea, were repealed in 1770. But
the colonies would not buy tea shipped from England, and ihost of the tea
consumed in America was smuggled in through the agency of the Dutch East
India Company. To relieve the British East India Company from certain
financial difficulties, an act was passed in May, 1773, again allowing a draw-
back of the duties payable on importation into England, in case the tea was
shipped to America; the tax of 74. per pound, however, still remaining%s an
assertion of the principle of the Declaratory Act of 1766 [No. 36]. Upon the
passage of the act of 1773, large quantities of tea were sent to America, but
17741 BOSTON PORT ACT 151
the importation was generally resisted. The most violent opposition was
manifested in Boston, where, ozLtbe-night-oLDec. 16, the ships laden with tea
were boarded by citizens disguised as Indians, amTthe tea thrown into the
harbor.
' Papers relating to the disturbances in America, and especially the proceed-
ings at Boston, were laid before Parliament March 7, 1774, accompanied by a
royal message urging the adoption of measures to end the disorder and secure
obedience to the laws. On the 14th Lord North, in the House of Commons,
asked and obtained leave to bring in a bill to remove the custom house officers
Jnua-BosUmt and to close that port to commerce. A petftion from William
Bollan, agent for Massachusetts, praying to be heard in behalf of that colony,
was laid on the table. The bill was brought in on the i8th, had its second
reading on the 21st, and puissed on the 25th without a division. It was taken
up to the Lords the following day, and passed that House, without a division,
on the 30th. March 31 the act received the royal assent. The petidon of
Bollan was finally rejected by the Commons on the 25th, by a vote of 40 to
170; but he was heard in the Lords on the 30th, before the final vote on the
bill. The act was repealed by the prohibitory act of Dec. 22, 1775.
References. — Text in Pickering's SkUuUs at Large, XXX., 336-341.
The act is cited as 14 Geo. III., c. 19. For the debates in Parliament, see
the Parliamentary History , XVII., or Force's American Archives^ Fourth
Series, I., 5-61; cf. also the Annual Register (1774). The report of the
committee of the Lords on the disturbances in Massachusetts is in Force, and
also in Almon's Prior Documents^ 232-255. Franklin's Tme State of the
Proceedings, etc. {Workst Sparks's ed., IV., 466-515), is a skilful counter-
presentation.
An act to discontinue^ in such manner , and for such time as are
therein mentioned, the landing and discharging, lading or ship-
ping, of goods, wares, and merchandise, at the town, and within
'he harbour, of Boston, in the province of Massachuset's Bay, in
North America.
WHEREAS dangerous commotions and insurrections have been
fomented and raised in the town of Boston, in the province (>/"Massa-
chuset's Bay, in New England, by divers ill-affected persons, to
the subversion of his Majesty^s government, and to the utter de-
struction of the public k peace, and good order of the said town; in
which commotions and insurrections certain valuable cargoes of
teas, being the ^o1>erty of the East India Company, and on hoard
certain vessels lying within the bay or harbour of Boston, were
seized and destroyed: And whereas, in the present condition of the
said tOTvn and harbour, the commerce of his Majesty's subjects
cannot be safely carried on there, nor the customs payable to his
152 BOSTON PORT ACT [March 31
Majesty duly collected; and it is therefore expedient that the officers
of his Majesty s customs should he forthwith removed from the said
town: . . . be it enacted . . . , That from and after . . . [June
I, 1774,] ... it shall not be lawful for any person or persons
whatsoever to lade, put, or cause or procure to be laden or put, off
or from any quay, wharf, or other place, within the said town of
Boston, or in or upon any part of the shore of the bay, commonly
called The Harbour of Boston, between a certain headland or point
called Nahant Point, on the eastern side of the entrance into the
said bay, and a certain other headland or point called -4 Wer/(?»
Point, on the western side of the entrance into the said bay, or in
or upon any island, creek, landing-place, bank, or other place,
within the said bay or headlands, into any ship, vessel, lighter,
boat, or bottom, any goods, wares, or merchandise whatsoever, to
be transported or carried into any other country, province, or
place whatsoever, or into any. .other part of the said province
of the Massa^huseffBay, in New England; or to take up, dis-
charge, or lay on land, or cause or procure to be taken up, dis-
charged, or laid on land, within the said town, or in or upon any
of the places aforesaid, out of any boat, lighter, ship, vessel, or
bottom, any goods, wares, or merchandise whatsoever, to be
brought from any other country, province, or place, or any other
part of the said province of the Massachusetts Bay in New Eng-
land, upon pain of the forfeiture of the said goods, wares, and
merchandise, and of the said boat, lighter, ship, vessel, or other
bottom into which the same shall be put, or out of which the same
shall be taken, and of the guns, ammunition, tackle, furniture, and
stores, in or belonging to the same : And if any such goods, wares,
or merchandise, shall, within the said town, or in any the places
aforesaid, be laden or taken in from the shore into any barge,
hoy, lighter, wherry, or boat, to be carried on board any ship or
vessel outward-bound to any other country or province, or other
part of the said province of the Massachusetts Bay in New Eng-
land, or be laden or taken into such barge, hoy, lighter, wherry,
or boat, from or out of any ship or vessel coming in and arriving
from any other country or province, or other part of the said prov-
ince of the Massachusetts Bay in New England, such barge,
hoy, lighter, wherry, or boat, shall be forfeited and lost.
17741 BOSTON PORT ACT 1 53
in. And be it fiirther enacted . . . , That if any ship or vessel
shall be moored or lie at anchor, or be seen hovering within the
said bay, described and bounded as aforesaid, or within one
league from the said bay so described, or the said headlands, or
any of the islands lying between or within the same, it shall and
ing^ifi— la5vful._for any admiral, chief commander, or commis-
sioned officer, of his Majesty-^ fleet or ships of war, or for any
officer of his Majesty's customs, to compel such ship or vessel to
depart to some other port or harbour, or to such station as the
said officer shall appoint, and to use such force for that purpose
as shall be found necessary : And if such ship or vessel shall not
depart accordingly, within six hours after notice for that purpose
given by such f)erson as aforesaid, such ship or vessel, together
with all the goods laden on board thereon, and all the guns, am-
munition, tackle, and furniture, shall be forfeited and lost, whether
bulk shall have been broken or not.
IV. Provided always. That nothing in this act contained shall
extend, or be construed to extend, to any military or other stores
for his Majesty's use, or to the ships or vessels whereon the same
shall be laden . . . ; nor to any fuel or victual brought coastwise
from any part of the continent of America^ for the necessary use
and sustenance of the inhabitants of the said town of Boston, pro-
vided the vessel wherein the same are to be carried shall be duly
furnished with a cocket and let-pass« after having been duly searched
by the proper officers of his Majesty's customs at Marhlehead, in the
port of ScUemy in the said province of MassachuseVs Bay . . . ;
nor to any ships or vessels which may happen to be within the said
harbour of Boston on or before . . . [June i, 1774,] . . . and
may have either laden or taken on board, or be there with intent to
load or take on board, or to land or discharge any goods, wares,
and merchandise, provided the said ships and vessels do depart
the said harbour within fourteen days after the said . . . [June i,
1774]. . . .
Vlll. And be it further enacted . . . , That whenever it shall
be made to appear to his Majesty, in his privy council, that peace
and obedience to the laws shall be so far restored in the said town
of Boston, that the trade of Great Britain may safely be carried
on there, and his Majesty's customs duly collected, and his Majesty,
154 BOSTON PORT ACT [March 3 :
in his privy council, shall adjudge the same to be true, it shall and
may be lawful for his Majesty, by proclamation, or order of coun-
cil, to assign and appoint the extent, bounds, and limits, of the port
or harbour of Boston, and of every creek or haven within the same,
or in the islands within the precincts thereof; and also to assign
and appoint such and so many open pla^es^ ^H^Xi; ^"^ wharfs,
within the said Farbour, creeks, havens, and islands, for the landing,
discharging, lading, and shipping of goods, as his Majesty . T .
shall judge necessary and expedient; and also to appoint such and
so many officers of the customs therein as his Majest}' shall think
fit ; after which it shall be lawful for any person or f)ersons to lade
or put off from, or to discharge and land upon, such wharfs, quays,
and places, so appointed within the said harbour, and none other,
any goods, wares, and merchandise whatever.
*«♦♦♦♦♦♦
X. Provided also, and it is hereby declared and enacted. That
nothing herein contained shall extend, or be construed, to enable
his Majesty to appoint such port, harbour, creeks, quays, wharfs,
places, or officers, in the said town of Boston, or in the said bay or
islands, until it shall sufficiently appear to his Majesty that full
satisfaction hath been made by or on behalf of the inhabitants of
the said town of Boston to the united company of merchants of
England trading to the East Indies, for the damage sustained by
the said company by the destruction of their goods sent to the
said town of Boston, on board certain ships or vessels as aforesaid ;
and until it shall be certified to his Majesty, in council, by the
governor, or lieutenant governor, of the said province, that reason-
able ^tisfaction hath been made to the officers of his Majesty's
revenue, and others, who suffered by the riots and insurrections
above mentioned, in the months of November and December, in
the year one thousand seven hundred and seventy-three, and in
the month of January, in the year one thousand seven hundred
and seventy-four.
♦ ♦♦♦♦♦♦♦
1774] MASSACHUSETTS GOVERNMENT ACT 155
No. 41. Massachusetts Government Act
May ao, 1774
Masch a8, 1774, Lord Nort'i moved in the House of Commons for leave to
bring in a bill "for the better regulating the government of the Province of
Massachusetts Bay." Leave was given, and April 15 the bill was presented.
The bill had its second reading on the 2 2d, and May 2, after spirited debate,
was ordered to its third reading by a vote of 239 to 64, and passed. A peti-
tion from Bollan, April 28, for delay until he could hear from Massachusetts,
was refused, the vote being 32 to 95. Tha bill had its second reading in the
Lords May 6; on the nth, by a vote of 92 to 20, the third reading was
ordered, and the bill, with some amendments, passed. Eleven I-^rds en-
tered a protest against the bill. On the 13th the Commons agreed to the
aunendments of the Lords, and on the 20th the act received the royal assent.
References. — Text in Pickering's Statutes at Large ^ XXX., 381-390.
The act is cited as 14 Geo. III., c. 45. For the debates, see the Parliament
tary Hi5t4try, XVIL, or Force*s American Archives, Fourth Series, L,
66-104; see also the Annual Register (1774).
An act for the better regulating the government of the province of
the Massachusetts Bay, in New England.
[The act recites the provision of the charter regarding the elec-
tion of councillors, and continues:]
And whereas the said method of electing such counsellors or assist-
ants, to be vested with the several powers, authorities , and privileges,
therein tnenlioned, although conformable to the practice theretofore
used in such of the colonies thereby united, in which the appointment
of the respective governors had been vested in the general courts or
assenUhies of the said colonies, hath, by repeated experience, been
found to be extremely ill adapted to the plan of government estab-
lislted in the province of the Massachusetts Bay . . . , and hath
been so far from contributing to the attainment of the good ends and
purposes thereby intended, and to the promoting of tkeinterml wel-
Jare^^ feace, and good government, of the said province, or to the
maintenance of the just subordination to, and conformity with, the
laws of Great Britain, that the manner of exercising the powers,
authorities, and privileges aforesaid, by the persons so annually
elected, fiath,for some time past, been such as had the most manifest
tendency to obstruct, a fid, in great measure, defeat, the execution of
the laws; to weaken the attachment of his Majesty's well-disposed
156 MASSACHUSETTS GOVERNMENT ACT [May ao
subjects in the said province to his Majesty s government, and to
encourage tlie ill-disposed among them to proceed even to acts of
direct resistance to, and defiance of, his Majesty^ s authority: And
it hath accordingly happened, that an open resistance to the execu-
tion of the laws hath actually taken place in the town of Boston, and
the neiglibourhood thereof, within the said Promnce: And whereas
it is, under these circumstances, become absolutely necessary, in
order to the preservation of the peace and good order of the said
province, the protection of his Majesty* s well-disposed subjects
therein resident, the continuance of the mutual benefits arising from
the commerce and correspondence between Um kingdom and the said
province, and the maintaining of the just dependence of the said
province upon the crown and parliament of Great Britain, that the
said method of annually electing the counsellors or assistants of the
said Province sJtould no longer be sitffered to continue, but that the
appointment of the said counsellors or assistants should henceforth he
put upon the like footing as is established in such other of his Maj-
esty* s colonies or plantations in America, the goi'emors whereof are
appointed by his Majesty^s commission, under the great seal of
Great Britain : Be it therefore enacted . . . , that from and after
. . . [August I, 1774,] ... so much of the charter ... [of
1 691] . . . and all and every clause, matter, and thing, therein
contained, which relates to the time and manner of electing the
assistants or counsellors for the said province, be revoked, and is
hereby revoked and made void and of none effect; and that the
offices of all counsellors and assistants, elected and appointed in
pursuance thereof, shall from thenceforth cease and determine:
And that, from and after the said . . . [^ August i, 1774,] . . .
the council, or court of assistants of the said province for the time
being, shall be composed of such of the inhabitants or proprietors
of lands within the same as shall be thereunto nominated and
appointed by his Majesty . . . , from time to time, by warrant
under his or their signet or sign manual, and with the advice of
the privy council, agreeable to the practice now used in respect to
the appointment of counsellors in such of his Majesty's other
colonies in A merica, the governors whereof are appointed by com-
mission under the great seal of Great Britain: provided, that the
number of the said assistants or couijsellprs shall not, at any one
time, exceed thirty-six, noFBeTiess than twelve.
17741 MASSACHUSETTS GOVERNMENT ACT 157
II. And it is hereby further enacted, That the said assistants
or counsellors, so to be appointed as aforesaid, shall hold their
offices respectively, for and during the pleasure of his Majesty . . . ;
and shall have and enjoy all the powers, privileges, and immunities,
at present held, exercised, and enjoyed, by the assistants or coun-
sellors of the said province, constituted and elected, from time to
time, under the said charter (except as herein -after excepted) . . .
III. And be it further enacted . . . , That from and after . . .
[July I, 1774,] ... it shall and may be lawful for his Majesty's
governor for the time being of the said province, or, in his absence,
for the lieutenant-governor, to nominate and appoint, under the
seal of the province, from time to time, and also to remove, without
the consent of the council^all judges of the inferior courts of com-
mon pleas, commissioners of Oyer and Terminer, the attorney
general, provosts, marshals, justices af the peace, and other officers
to the council or courts of justice belonging; and that all . . .
[the said officers] . . . , and other officers so appointed . . . ,
shall and may have, hold, and exercise, their said offices, powers,
and authorities, as fully and completely, to all intents and pur-
poses, as any judges of the inferior courts of common pleas, com-
missioners of Oyer and Terminer^ attorney general, provosts,
marshals, or other officers, have or might have done heretofore
under the said letters patent . . .
IV. [Provided, that the foregoing shall not be construed to
annul any commission granted prior to July i, 1774.]
V. And be it further enacted . . . , That, from and after . . .
[July I, 1774] . . . , it shall and may be lawful for his Majesty's
governor, or, in his absence, for the lieutenant-governor . . . ,
fr^ n/^minatA onH app^^jp^ fj^^ f^^'^riffi^ without the consent of the
council, and to remove such sheriffs with such consent, and not
otherwise.
' VI. And be it further enacted . . . , That, upon every vacancy
of the offices of chief justice and judges of the superior court of
the said province, from and after . . . [July i, 1774] . . . , the
governor for the time being, or, in his absence, the lieutenant-
governor, wj^Kmi^ |}^o r-f^ritypf ^f |}^p ronn^'^ , shall have full power
and authority to nominate and appoint the persons to succeed to
the said offices, who shall hold their commissions during the
pleasure of his Majesty . . . ; and that neither the chief justice
158 MASSACHUSETTS GOVERNMENT ACT [May 20
or judges appointed before . . . [July i, 1774] . . . , nor those
who shall hereafter be appointed pursuant to this act, shall be
removed, unless by the order of his Majesty. . . .
VII. And whereas, by several acts of tlie general court, which
have been from time to time enacted and passed within the said
province, the freeholders and inftabitants of the several townships,
districts, and precincts, qualified, as is therein expressed, are author-
ized to assemble together, annually, or occasionally, upon notice
given, in stuh manner as th€ said acts direct, for the choice qf.sclccir
mcn^.CQftstqbles^atid other oj^ers^and for the making and agreeing
upon such necessary rttles^ orders, and bye-laws, for the directing,
managing, and ordering, the prudential affairs of such townships,
districts, and precincts, and for other purposes: and whereas a great
abuse has been made of the power of calling such meetings, and the
inhabitants have, contrary to the design of their institution, been
misled to treat upon matters of the most general concern, and to pass
many dangerous and unwarrantable resolves : for remedy whereof,
be it enacted, that from and after . . . [August i, 1774,] . . .
no meeting, ghall be called by the select men, or at the request of
any number of freeholders of any township, district, or precinct,
yifithout tbeieave of the governor, or, in his absence, of the lieutenant-
governor, in writing, expressing the special business of the said
meeting, first had and obtained, except the annual meeting in the
months of March or May, for the choice of select men, constables,
and other officers, or except for the choice of persons to fill up the
offices aforesaid, on the death or removal of any of the persons
first elected to such offices, and also, except any meeting for the
election of a representative or representatives in the general court ;
and that no other matter shall be treated of at such meetings, except
the election of their aforesaid officers or representatives, nor at any
other meeting, except the business expressed in the leave given
by the governor, or, in his absence, by the lieutenant-governor.
VIII. And whereas the method at present used in the province
of Massachusetts Bay, in America, of electing persons to serve on
grand juries, and other juries, by the freeholders and inhabitants
of th€ several towns, affords occasion for tnany evil practices, and
tends to pervert the free and impartial administration of justice:
for remedy whereof, be it further enacted . . . , That from and
after the respective times appointed for the holding of the general
W] ADMINISTRATION OF JUSTICE ACT 159
sessions of the peace in the several counties within the said prov-
ince, next after . . . [September, 1774,] ... the jurors to serve
at the superior courts of judicature, courts of assize, general gaol
(Wivery, general sessions of the peace, and inferior court of com-
mon pleas, in the several counties within the said province, shall
not be elected, nominated, or appointed, by the freeholders and
inhabitants of the several towns within the said respective counties,
nor summoned or returned by the constables of the said towns ; but
that, from thenceforth, the jurors to serve at . . . [the said courts]
. . . shall be summoned and returned by the sheriffs of the re-
spective counties within the said province . . .
No. 42. Administration of Justice Act
May ao, 1774
Apsil 15, 1774, the bill for regulating the government of Massachusetts
having l)cen presented in the House of Commons, Lord North moved for
leave to bring in, "as the last measure that Parliament will take," a bill "for
the impartial administration of justice, in the cases of persons questioned for
any acts done by them in the execution of the laws, or for the suppression of
the riots and tumults,'* in the Massachusetts colony. Ixjavc being given, the
bill was brought in on the 21st, had its second reading on the 25th, and May 6
passed, by a vote of 127 to 24. On the 9th it was carried up to the Lords,
where it was read a second time on the 13th, and on the i8th passed, the
vote being 43 to 12. Eight members of the Lords entered a protest against
the bill. May 20 the act received the royal assent. Throughout the debate
the attendance in each house was small.
References. — Text in Pickering's Statutes at Large^ XXX., 367-371.
The act is cited as 14 Geo. III., c. 39. The debates arc in the Parliamen'
tary History, XVII., and Force's American Archives, Fourth Series, I.,
111-129; see also the Annual Register (1774)'
An act for the impartial administration of justice in the cases of
persons questioned for any acts done by thetn in the execution of
the law, or for the suppression of riots and tumults , in the prov-
ince of the Massachusetts Bay, in New England.
WHEREAS in his Majesty's proinnce of Massachusetts Bay, in
New England, an attempt hath lately been made to throw off the
auikority of the parliament of Great Britain over the said province,
l6o ADMINISTRATION OF JUSTICE ACT [May ao
and an actual and avowed resistance^ by open force j to the execu-
tion of certain acts of parliament^ hath been suffered to take place^
uncontrouled and unpunished, in defiance of his Majesty s author-
ity, and to the utter subversion of all lawftd government: and
whereas, in the present disordered state of tlie said province, it is
of the utmost importance to the general welfare thereof and to the
re-establishment of lawful authority througJtout the same, that
neither tJie magistrates acting in support of the laws, nor any of
his Majesty^s subjects aiding and assisting them therein, or in the
suppression of riots a fid tumults, raised in opposition to tfie execu-
tion of the laws and statutes of this realm, sliould be discouraged
from the proper discJtarge of their duty, by an apprehension, tfuit
in case of th^ir being questioned for any acts done therein, they may
be liable to be brought to trial for the same before persons who do
not acknowledge the validity of the laws, in the execution thereof,
or the authority of the magistrate in support of whom, such acts
had been done: in order therefore to remove every such discourage-
ment from the minds of his Majesty s subjects, and to induce them,
upon all proper occasions, to exert themselves in support of the
public peace of the province, and of the authority of the King and
Parliament of Great Britain over the same; be it enacted . . . ,
That if any inquisition or indictment shall be found, or if any
appeal shall be sued or preferred against any person, for murther,
or other capital offence, in the province of the Massachusetts Bay,
and it shall appear, by information given upon oath to the gover-
nor ... [or lieutenant governor] ... of the said province, that the
fact was committed by the person against whom such inquisition
or indictment shall be found, or against whom such app)eal shall
be sued or preferred, as aforesaid, either in the execution of his
duty as a magistrate, for the suppression of riots, or in the support
of the laws of revenue, or in acting in his duty as an officer of
revenue, or in acting under the direction and order of any magis-
trate, for the suppression of riots, or for the carrying into effect
the laws of revenue, or m aicQng and assisting in any of the cases
aforesaid; and if it shall also appear, to the satisfaction of the >aid
governor . . . that an indifferent trial cannot be had within the
said province, in that case, it shall and may be lawful for the gov-
ernor . . , to direct, ^^ith the advice and consent of the council,
that the inquisition, indictment, or appeal, shall l>e tried in some
toI administration of justice act i6i
olhcr of his Majesty's colonies^_pr in Greal Britain; and for that
purpose, to"ofder the person against whom such inquisition or in-
dicunent shall be found, or against whom such appeal shall be
sued or preferred, as aforesaid, to be sent, under sufficient custody,
to the place appointed for his trial, or to admit such person to
bail, taking a recognizance . . . from such person, with sufficient
sureties, to be approved of by the said governor . . . , in such
sums of money as the said governor . . . shall deem reasonable,
for the personal appearance of such person, if the trial shall be
appointed to be had in any other colony, before the governor, or
lieutenant-governor, or commander in chief of such colony; and
if the trial shall be appointed to be had in Greal Britain, then before
his Majesty's court of King's Bench, at a time to be mentioned in
such recognizances; and the governor, or lieutenant-governor,
or commander in chief of the colony where such trial shall be ap-
pointed to be had, or court of King's Bench, where the trial is
appointed be had in Great Britain, upon the appearance of such
person, according to such recognizance, or in custody, shall either
commit such person, or admit him to bail, until such trial . . .
II. And, to prevent a failure of justice, from the want of end-
dence on the trial of any such inquisition, indictment or appeal,
be it further enacted. That the governor ... is hereby authorised
and required, to Innd iftfeeogniaances to his Majestyall^such wit-
nesses as the prosecutor or person against whom such inquisiBoTror
indictment shall be found,' or appeal sued or preferred, shall desire
to attend the trial of the said inquisition, indictment, or appeal,
for their personal appearance, at the time and place of such trial,
to give evidence: and the said governor . . . shall thereupon
appoint a reasonable sum to be allowed for the expences of every
such witness . . •
»" " * * * * * * *
V. And be it further enacted . . . , That where it shall be
made appear to the judges or justices of any court, within the
said province of Massachusetts Bay, by any person [charged with
crimes as aforesaid], that he intends to make application to the
governor . . . that such inquisition, indictment, or appeal, may be
tried in some other of his Majesty's colonies, or in Great Britain, the
said judges or justices are hereby authorised and required to ad-
journ or postpone the trial of such inquisition, indictment, or appeal,
i62 DECLARATION AND RESOLVES [October 14
for a reasonable time, and acimiLthe42eisQnJo_b^, in order that he
may make application to the governor ... for the purpose afore-
said.
No. 43. Declaration and Resolves of the
First Continental Congress
October 14, 1774
June 17, 1774, the Massachusetts House of Representatives, under the
leadership of Samuel Adams, resolved : " That a meeting of committees from
the several colonies on this continent is highly expedient and necessary, to
consult upon the present state of the colonies, and the miseries to which they
are and must be reduced by the operation of certain acts of Parliament re-
specting America, and to deliberate and determine upon wise and proper
measures, to be by them recommended to all the colonies, for the recovery
and establishment of their just rights and liberties, civil and religious, and the
restoration of union and harmony between Great Britain and the colonies,
most ardently"Tle5iTRl by all good men : Therefore, resolved, that the Hon.
James Bowdoin, Esq., the Hon. Thomas Cushing, Esq., Mr. Samuel Adams,
John Adams and Robert Treat Paine, Esqrs., be, and they are hereby ap-
pointed a committee on the part of this province, for the purposes aforesaid,
any three of whom to be a quorum, to meet such committees or delegates
from the other colonies as have been or may be appointed, either by their
Tr^jyrtivt hnnsf ijrf burgesses or representatives, or by conventioffToirby the
committees of correspondence appointed by the respective houses of assembly,
in the city of Philadelphia, or any other place that shall be judged most suit-
able by the committee, on the ist day of September next; and that the speaker
of the house be directed, in a letter to the speakers of the houses of burgesses
or representatives in the several colonies, to inform them of the substance of
these resolves."
In accordance with this call, delegates from all the colonies e^ptjNTorth
Carolina and Georgia met at Philadelphia.S£ptciut>fiC^ ; representatives from
North Carolina appearing oh the 14th. On the 7th, a committee of two from
each colony was appointed **to state the rights of the colonies in gi-neral, the
several instances in which those rights are violated or infringed, and the
means most proper to be pursued for obtaining a restoration of them." A
report under this resolution was brought in on the 2 2d, and read. On the
24th, however, it was voted **that the Congress do confine themselves, at
present, to the consideration of such rights as have been infringed by acts of
the British Parliament since the year 1763." A report in accordance with
this vote being brought in and read, further consideration was postponed
17741 DECLARATION AND RESOLVES 163
whik the Congress deliberated "on the means most proper to be used for a
restoration" of colonial rights. The report on the rights and grievances of
the colonies was finally taken up October 12, and on the 14th agreed to in
the form following.
References. — Text in Journals of Congress (cd. 1800), I., 26-30; sec
also Ford's ed., I. The record of proceedings in the journal is nxeagrc; for
additional details see Frothingham's Rise of the Republic^ 331-391; John
Adams's diary, in his Works ^ II., 340-404; and lives and works of members
of the Congress. The instructions to the Virginia delegates, in Jefiferson's
Writings (ed. 1830), I., 100-116, are especially significant.
Whereas, since the close of the last war, the British parlia-
ment, claiming a power, of right, to bind the f)eople of America by
statutes in all cases whatsoever, hath, in some acts, expressly
imposed taxes on them, and in others, under various pretences,
but in fact for the purpose of raising a revenue, hath imposed
rates and duties payable in these colonies, established a board of
commissinners^ ,,with ^unconstitutional p)ovvers, and extended the
jurisdiction of courts of admiralty, not only" for collecting the said
duties, but for the trial of causes merely arising within the body
of a county.
And whereas, in consequence of other statutes, judges, who
before held only estates at will in their offices, have been made
dcpend^t xin th<^ rrnwn alone for Jtheir salaries," and standing
aonieS-kept in timesjof^peaf ft : And whereas it has Tately tJfeeh
resolved in parliament, that by force of a statute, made in the
thirty-fifth year of the reign of King Henry the Eighth, colonists
may be transported to England, and tried there upon accusations
for treasons and misprisions, or concealments of treasons com-
mitted in the colonies, and by a late statute, such trials have been
directed in cases therein mentioned :
And whereas, in the last session of parliament, three statutes
were made . . . [the Boston Port Act, the Massachusetts Govern-
ment Act, and the Administration of Justice Act;] . . . and an-
other statute was then made . . . [the Quebec Act] ... All
which statutes are impolitic, unjust, and cruel, as well as uncon-
stitutional, and most dangerous and destructive of American
rights:
And whereas, assemblies have been frequently dissolved, con-
trary to th^ rights of the people, when they attempted to deliberate
on grievances; and their dutiful, humble, loyal, and reasonable
164 DECLARATION AND RESOLVES [October 14
petitions to the crown for redress, have been repeatedly treated
with contempt, by his Majesty's ministers of state :
The good people of the several colonies of New-Hampshire,
Massachusetts-Bay, Rhode-Island and Providence Plantations,
Connecticut, New- York, New- Jersey, Pennsylvania, Newcastie,
Kent, and Sussex on Delaware, Maryland, Virginia, North-
Carolina, and South-Carolina, justiy alarmed at these arbitrary
proceedings of parliament and administration, have severally
elected, constituted, and appointed duputies to meet, and sit in
general Congress, in the city of ^hnS^elghTa; "irl'"t>fdcr to-ebtain
"Such establishment, as that their religion, laws, and liberties, may
not be subverted: Whereupon the deputies so appointed being
now assembled, in a full and free representation of these colonies,
taking into their most serious consideration, the best means of
attaining the ends aforesaid, do, in the first place, as Englishmen,
their ancestors in like cases have usually done, for asserting and
vindicating their rights and liberties, DECLARE^
That the inhabitants of the English colonies in North- America,
by the immutable laws of nature, the principles of the English
constitution, and the several charters or compacts, have the fol-
lowing RIGHTS :
Resolved^ N, CD, i. That they are entiUed to lifg^jitenty
and property: and they have never ceded to any k2£gnpower
whatever, a right to disp>ose of either without their consent.
Resolved^ N. CD, 2. That our ancestors, who first settled
these colonies, were at the time of their emigration from the mother
country, entitled to all the rights, liberties, and immunities of free
and natural-born subjects, within the realm of England.
Resolvedy N. CD: 3. That by such emigration they by no
means forfeited, surrendered, or lost any of those rights, but that
they were, and their descendants now are, entitled to the exercise
and enjoyment of all such of them, as their local and other cir-
cumstances enable them to exercise and enjoy.
Resolved, 4. That the foundation of English liberty, and of all
free government, is a right in the people to participate in their
legislative council: and as the English colonists are not repre-
sented, and from their local and other circumstances, cannot
properly be represented in the British parliament, they are entitled
to a free and exclusive power of legislation in their several pro-
17741 DECLARATION AND RESOLVES 165
Tindal le^latures, where their right of representation can alone
be pfeserved, in all cases of taxation and internal polity, subject
QOlLtOLibe negative oLth^^sftYcreign, in such manner as has
been heretofore used and accustomed: But, from the necessity
of the case, and a regard to the mutual interest of both countries,
we cheerfully consent to the operation of such acts of the British
parliament, as are bona fide, restrained to the regulation of our
external commerce, for the purpose of securing the commercial
advantages of the whole empire to the mother country, and the
commercial benefits of its respective members; excluding every
idea of taxation internal or external, for raising a revenue on the
subjects, in America, N^-ithout their consent.
Resolved, N. C, D. 5. That the respective colonies are en-^
tided to t^f romnnnn law^f Kngland^ and more especially to the
great and inestimable privilege of being tried by their peers of
the vicinage, according to the course of that law.
Resolved f 6. That they are entitled to the benefit of such of
the En^h statutes, as existed at the time of their colonization;
and which they have, by experience, respectively found to be
applicable to their several local and other circumstances.
Resolvedy N. CD, 7. That these, his majesty's colonies, are
likewise entitled to all the immunities and privileges granted and
confirmed to them by royal charters, or secured by their several
codes of provincial laws.
Resolved, N. C D, 8. That they haix_a right peaceably to
assemble, consider of their grievances, and petition the king;
and that all prosecutions, prohibitory proclamatiohsTand com-
mitments for the same, are illegal.
Resolved, N, C. D. 9. That the keeping a standing army in
these colonies, in times of peace, without the consent of the legis-
lature of that colony, in which such army is kept, is against law.
Resolved, N, C. D. 10. It is indispensably necessary to good
government, and rendered essential by the English constitution,
that the constituent branches of the legislature be independent
of each other; that, therefore, the exercise of legislative power
in several colonies, by a council appointed, during pleasure, by
the crown, is unconstitutional, dangerous and destructive to the
freedom of American legislation.
All and each of which the aforesaid deputies, in behalf of them-
l66 THE ASSOCIATION [October 20
selves, and their constituents, do claim, demand, and insist on,
as their indubitable rights and liberties; which cannot be legally
taken from them, altered or abridged by any power whatever,
without iheir own consent, by their representatives in their several
provincial legislatures.
In the course of our inquiry, we find many infringements and
violations of the foregoing rights, which, from an ardent desire,
that harmony and mutual intercourse of affection and interest
may be restored, we pass over for the present, and proceed to state
such acts and measures as have been adopted since the last war,
which demonstrate a system formed to enslave America.
Resolved, N. C. D. That the following acts of parliament are
infringements and violations of the rights of the colonists; and
that the rejjeal of them is essentially necessary, in order to restore
harmony between Great-Britain and the American colonies, viz. . . .
[The Stamp Act, the Townshend Revenue Act, the coercive acts of
1774, the Quebec Act, &c.]. ...
Also, that the keeping a staRdmg army in several of these colo-
nies, in time of peace, without the consent of the legislature of
that colony, in which such army is kept, is against law.
^^ ^^ ^^ ^^ ^r ^r ^^ ^^
No. 44. The Association
October 20, 1774
September 22, 1774, the Continental Congress unanimously voted to "re-
quest the merchants and others, in the several colonies, not to send to Great
Britain any orders for goods, and to direct the execution of all orders already
sent to be delayccTor suspended, until the sense of the Congress on the means
to be taken for the preservation of the liberties of America is made public."
On the 27th it was resolved "that from and after the first day of December
neart, thwo-beno importation into British America, Iroin Great Britain or
Ireland, of any goods, wares or merchandize whatever, or from any other
place of any such goods, wares or merchandizes as shall have been exported
from Great Britain or Ireland, and that no such goods, wares.Qr merchandizes
imported after the said first day of December next be used or purchased."
A resolution of September 30 declared that exportation to Great Britain,
Ireland, and the West Indies ought to cease from and after Sept. 10, 1775,
"unless the grievances of America are redressed before that tinACJ" Mid' a
committee was appointed "to bring in a plan* for carrj'ing into effect the non-
17741 THE ASSOCIATION 167
importation, non-consumption and non-exportation resolved on." October
6 the committee were directed to include in their plan a clause prohibiting the
importation, after December i, of molasses, coffee and pimento from the
British plantations or Dominica, wines from Madeira and the Western
Islands, and foreign indigo. The report of the committee was brought in
October 12, and on the i8th was agreed to; on the 20th it was signed by
&y-thrce members of the Congress.
RepereIJLU. f*mi iu Jvuniuis of Congress^ (ed. 1800), I., 31-35.
Numerous documents relating to the obser\'ance of the Association in the
different colonies are collected in Force's American Archives, Fourth Series,
I., n.
WE, his majesty's most loyal subjects, the delegates of the
several colonies of New-Hainpshirc, Massachusetts-Bay, Rhode-
Island, Connecticut, New- York, New- Jersey, Pennsylvania, the
three lower counties of Newcastle, Kent and Sussex on Delaware,
Maryland, Virginia, North-Carolina, and South-Carolina, deputed
to represent them in a continental Congress, held in the city of
Philadelphia, on the fifth day of September, 1774, avowing our
allegiance to his majesty, our affection and regard for our fellow-
subjects in Great Britain and elsewhere, affected with the deepest
anxiety, and most alarming apprehensions, at those grievances
and distresses, with which his majesty's American subjects are
oppressed ; and having taken under our most serious deliberation,
the state of the whole continent, find, that the present unhappy
situation of our affairs is occasioned by a ruinous system of colony
administration, adopted by the British ministry about the year
1763, evidently. calculated for inslaving these colonies, and, with
them, the British Enipire. In prosecution of which system, va-
rious acts of parliament have been passed, for raising a revenue
in America, for depriving the American subjects, in many in-
stances, of the constitutional trial by jury, exposing their lives
to danger, by directing a new and illegal trial l)eyond the seas,
for crimes alleged to have been committed in America: And in
prosecution of the same system, several late, cruel, and oppressive
acts have been passed, respecting the town of Boston and the
Massachusetts-Bay, and also an act for extending the province of
Quebec, so as to border on the western frontiers of these colonies,
establishing an arbitrary government therein, and discouraging
the settlement of British subjects in that wide extended country;
thus, by the influence of civil principles and ancient prejudices,
l68 THE ASSOCIATION [October 2a
to dispose the inhabitants to act with hostility against the free
Protestant colonies, whenever a wicked ministry shall chuse so
to direct them.
>To obtain^ redress of these grievances, which threaten destruc-
tion to thelives^ liberty, and property of his majesty's subjects,
in North-America, we are of opinion, that a non-importation, non-
consumption, and non-exportation agreement, faithfully ad-
hered to, will prove the most speedy, effectual, and peaceable
measure : And, therefore, we do, for ourselves, and the inhabitants
of the several colonies, whom we represent, firmly agree and
associate, under the sacred ties of virtue, honour and love of our
country, as follows:
First, That from and after the first day of December next, we \y
will not import, into British America, from Great-Britain or Ire-
land, any goods, wares, or merchandize whatsoever, or from any
other place, any such goods, wares, or merchandize, as shall have
been exported from Great-Britain or Ireland; nor will we, after
that day, import any J)ast-India tea from any part of the world;
nqr any molasges^^jjiups, paneles, coffee, or pimento, from the
British plantations or from Dominica; nor wines from Madeira,
or the Western IsUnds ; nor foreign indigo.
Second, We will neither import nor purchase, any slave im-
ported after the first day of December next; after which time,
we will wholly discontinue the slave trade, and will neither be con-
cerned in it ourselves, nor will we hire our vessels, nor sell our
commodities or manufactures to those who are concerned in it.
Third, As a non-consumption agreement, strictly adhered to,
will be an effectual security for the observation of the non-im-
portation, we, as above, solemnly agree and associate, that from
this day, we will not purchase or use any tea, imported on account
of the East-India company, or any on which a duty hath been
or shall be paid ; and from and after the first day of March next,
we will not purchaase or use any East-India tea whatever ; nor will
we, nor shall any person for or under us, purchase or use any
of those goods, wares, or merchandize, we have agreed not to
import, which we shall know, or have cause to suspect, were
imported after the first day of December, except such as come
under the rules and directions of the tenth article hereafter men-
tioned.
1774] THE ASSOCIATION 169
Fourth, The earnest desire we have not to injure our fellow-
subjects in Great-Britain, Ireland, or the West-Indies, induces
uslo^uspend a non-exportation, until the tenth day of September,
1775 ; at which time, if the said acts and partToTTCcts of the Brit-
ish parliament herein after mentioned, are not repealed, we will
not directly or indirectly, export any merchandize or commodity
whatsoever to Great-Britain, Ireland, or the West-Indies, except
rice to Europe.
Fifth, Such as are merchants, and use the British and Irish
trade, wiU give orders, as soon as possible, to their factors, agents
and correspondents, in Great-Britain and Ireland, not to ship
any goods to them, on any pretence whatsoever, as they cannot
be received in America ; and if any merchant, residing in Great-
Britain or Ireland, shall directly or indirectly ship any goods,
wares or merchandize, for America, in order to break the said
non-importation agreement, or in any manner contravene the
same, on such unworthy conduct being well attested, it ought to
be made public; and, on the same being so done, we will not,
from thenceforth, have any commercial connexion with such
merchant.
Sixth, That such as are owners of vessels will give positive
orders to their captains, 01 masters, not to receive on board their
vessels any goods prohibited by the said non-importation agree-
ment, on pain of immediate dismission from their service.
Seventh, We wOl use our utmost endeavours to improve the
breed of sheep, and increase their number to the greatest extent;
and to that end, we will kill them as seldom as may be, especially
those of the most profitable kind; nor will we export any to the
We§tJndies-or- elsewhere ; and those of us, who are or may be-
come overstocked with, or can conveniently spare any sheep,
will dispose of them to our neighbours, especially to the poorer
sort, on moderate terms.
Eighth, We will, in our several stations, encourage frugality,
c£amQlQy> ^^id industry, and promote agriculture, arts and the
manufactures of this country, especially that of wool; and will
discountenance and discourage every species of extravagance and
dissipation, especially all horse-racing, and all kinds of gaming,
cock fighting, exhibitions of shews, plays, and other expensive
diversions and entertainments; and on the death of any relation
170 THE ASSOCIATION [October 20
or friend, none of us, or any of our families will go into any
further mourning-dress, than a black crape or ribbon on the arm
or hat, for gentlemen, and a black ribbon and necklace for ladies,
and we will discontinue the giving of gloves and scarves at
funerals.
Ninth, Such as are venders of goods or merchandize will not
take advantage of the scarcity of goods, that may be occasioned
by this association, but will sell the same at the rates we have
been respectively accustomed to do, for twelve months last past.
— And if any vendejuof-goods or merchandize shall sell such
goods on higher terms, or shall, in any manner, or by any device
whatsoever, violate or depart from this agreement, no person
ought, nor will any of us deal with any such person, or his or
her factor or agent, at any time thereafter, for any commodity
whatever.
Tenth, In case any merchant, trader, or other person, shall im-
port any goods or merchandize, after the first day of December,
and before the first day of February next, the same ought forth-
with, at the election of the owner, to be either re-shipped or
delivered up to the committee of the country or town, wherein
they shall be imported, to be stored at the risque of the importer,
until the non-importation agreement shall cease, or be sold under
the direction of the committee aforesaid; and in the last-men-
tioned case, the owner or owners of such goods shall be reim-
bursed out of the sales, the first cost and charges, the profit, if
any, to be applied towards relieving and employing such poor
inhabitants of the town of Boston, as are immediate sufferers by
the Boston port-bill; and a particular account of all goods so
returned, stored, or sold, to be inserted in the public papers;
and if any goods or merchandizes shall be imported after the said
first day of February, the same ought forthwith to be sent back
again, without breaking any of the packages thereof.
Eleventh, That a committee be chosen in every county, city,
and town, by those who are qualified to vote for representatives
in the legislature, whose business it shall be attentively to observe
the conduct of all {persons touching this association; and when
it shall be made to af>pear, to the satisfaction of a majority of
any such committee, that any p)erson within the limits of their
appointment has violated this association, that such majority do
17741 LORD NORTH'S RESOLUTION 171
forthwith cause the truth of the case to be published m the
gazette ; to the end, that all such foes to the rights of British-
America may be publicly known, and universally contemned as
the enemies of American liberty; and thenceforth we respectively
will break off all dealings with him or her.
Twelfth, Tt^at the committee of correspondence, in the respec-
tive colonies, do frequently inspect the entries of their custom-
houses, and inform each other^ from time to time, of the true
state thereof, and of every other material circumstance that may
occur relative to this association.
Thirteenth, That all manufactures of this country be sold at
reasonablC-Brices, so that no undue advantage be taken of a future
scarcity of goods.
Fourteenth, And we do further agree and resolve, that we will
have no trade, conmierce, dealings or intercourse whatsoever,
with any colony or province, in North-America, which shall not
accgdeto, or which shall hereafter violate this association, but
willhold them as unworthy of the rights of freemen, and as inimical
to the liberties of their country.
prhis association to be adhered to until the acts complained
of are repealed.]
No. 45. Lord North's Conciliatory Resolu-
tion
February 27, 1775
Lord North's unexpected offer of conciliation, in the form of the reso-
lution following, was presented to the House of Commons, in Committee of the
Whole, February 20, 1775. Although the proposal was generally unsatisfac-
tory to the friends of tlw ministry, it was adopted by a vote of 274 to 88. On
the 27th the resolution was reported to the House, and agreed to.
RzTERENCES. — Texi in Force's American Archives^ Fourth Series, I.,
1598. The debates on the resolution are also in tft., 1597-1622. Public
opinion in England is best exhibited in the Annual Register (1775). Dart-
mouth's letter to the governors, March 3, urging acceptance of the proposition,
is in Force, op. cit.y Fourth Series, II., 27, 28.
That it is the opinion of this Committee, that when the Gov-
emour, Council, and Assembly, or General Court, of any of his
172 NEW ENGLAND RESTRAINING ACT [March 30
Majesty's Provinces or Colonies in America, shall propose to
make provision, according to the condition, circumstances, and
situation of such Province or Colony, for contributing their pro-
portion to the common defence, (such proportion to be raised
under the authority of the General Court, or General Assembly,
of such Province or Colony, and disposable by Parliament,) and
shall engage to make provision also for the support of the Civil
Government, and the Administration of Justice, in such Province
or Colony, it will be proper, if such proposal shall be approved
by his Majesty and the two Houses of Parliament, and for so
long as such provision shall be made accordingly, to forbear, in
respect of such Province or Colony, to levy any Duty, Tax, or
Assessment, or to impose any farther Duty, Tax, or Assessment,
except only such Duties as it may be expedient to continue to
levy or to impose for the regulation of commerce ; the nett produce
of the Duties last mentioned to be carried to the account of such
Province or Colony respectively.
No. 46. New England Restraining Act
March 30, 1775
The petition to the King, adopted by the first Continental Cong^ress
Oct. 26, 1774, was laid before Parliament Jan. 19, 1775, accompanied by volu-
minous papers relating to affairs in America. February i a provisional bill,
presented to the House of Lords by the Earl of Chatham, and designed to
settle the difficulties in the colonies while "asserting the supreme legislative
authority and superintending power of Great Britain," was rejected. An
address to the King, assuring him of support at all hazards in measures to put
down rebellion, was agreed to notwithstanding the protest of eighteen mem-
bers of the Lords, who pronounced the address a virtual declaration of war.
February 10, in the Commons, Lord North, asserting that " as the Americans
had refused to trade with Great Britain, it was but just that they be not suf-
fered to trade with any other nation," moved for leave to bring in a bill to
restrain the trade and comment of the New England colonies to Great
Britain, Ireland, and the West Indies. By a votQ of 261 to 85 the motion
was carried. The bill was presenle<l on the 17th, had its second reading on
the 24th, and March 8 passed without a division. The bill had its second
reading in the Lords March 16, and passed that house on the 21st, by a vote
of 73 to 21, with an amendment, agreed to by a vote of 52 to 31, including
insl NEW ENGLAND RESTRAINING ACT 173
New JcTsey, Pennsylvania, Maryland, Virginia, and South Carolina within
the scope of the act. Sixteen Lords entered a protest against the bill. The
Commons, who already had before them a hill restraining the trade of the
southern colonies, rejected the amendment, and the bill passed without it.
March 30 the act received the royal assent. The bill to restrain the trade of
the other colonies became law in April. Both acts were repealed by an act ol
December 22, 1775, prohibiting all trade and intercourse with America.
Retckences. — Texi in Pickering's Statutes at Large, XXXI., 4-1 1. The
act is cited as 15 Geo. III., c. 10. For the proceedings in Parliament, see
the Parliamentary History, XVIII., or Force's American Archives, Fourth
Scries, I., 1621-1716; cf. also the Annual Register (1775).
An act to restrain the trade and commerce of the promnces of
Massachuset's Bay and New Hampshire, and colonies of Con-
necticut and Rhode Island, and Providence Plantation, in
North America, to Great Britain, Ireland, and the British
islands in the West Indies; and to prohibit such provinces and
colonies from carrying on any fishery on the hanks of New-
foundland, or other places therein mentioned, under certain con-
ditions and limitations.
[The section begins with a statement of the purport of certain
of the acts of trade, and continues:] and whereas, during the
continuance of the combinations and disorders, which at this time
prevail within the provinces of Massachusetts Bay and New Hamp-
shire, and the colonies of Connecticut and Rhode Island, to the
obstruction of the commerce of these kingdoms, and other his
Majesty s dominions, and in breach and violation of the laws of
this realm, it is highly unfit that tJie inhabitants of the said prov-
inces and colonies shotdd enjoy the same privileges of trade, and
the same benefits and advantages to which his Majesty s faithftd
and obedient subjects are intitled; be it therefore enacted . . . ,
That from and after . . . [July i, 1775,] . . . and during the
continuance of this act, no goods, wares, or merchandises, which
are particularly enumerated in, and by the said act made in the
twelfth year of king Charles the Second, or any other act, being
the growth, product, or manufacture of the provinces of Massa-
chtiset's Bay, or Nei^ Hampshire, or colonies of Connecticut,
Rhode. Island, or Providence Plantation, in North America, or any
or either of them, are to be brought to some other British colony,
or to Great Britain; or any such enumerated goods, wares, or
174 NEW ENGLAND RESTRAINING ACT [March 30
merchandise, which shall at any time or times have been imported
or brought into the said provinces or colonies, or any or either of
them, shall be shipped, carried, conveyed, or transported, from
any of the said provinces or colonies respectively, to any land,
island, territory, dominion, port, or place whatsoever, other than
to Great Britain, or some of the British islands in the West Indies,
to be laid on shore there; and that no other goods, wares, or
merchandises whatsoever, of the growth, product, or manufacture
of the provinces or colonies herein-before mentioned, or which
shall at any time or times have been imported or brought into the
same, shall, from and after the said first day of July, and during the
continuance of this act, be shipped, carried, conveyed, or trans-
ported, from any of the said provinces or colonies respectively,
to any other land, island, territory, dominion, port, or place what-
soever, except to the kingdoms of Great Britain or Ireland, or to
some of the British islands in the West Indies, to be laid on shore
there ; any law, custom, or usage, to the contrary notwithstanding.
IV. And it is hereby further enacted . . . , That from and
after . . . [September i, 1775] . . . and during the continuance
of this act, no sort of wines, salt, or any goods or commodities
whatsoever, (except horses, victual, and linen cloth, the produce
and manufacture of Ireland, imported directly from thence),
shall be imported into any of the said colonies or provinces herein-
before respectively mentioned, upon any pretence whatsoever,
unless such goods shall be bona fide and without fraud laden and
shipped in Great Britain, and carried directly from thence, upon
forfeiting thereof, and of the ship or vessel on board which such
goods shall be laden . . .
♦ ♦♦♦♦♦♦♦
VI. [Goods from the British West Indies may continue to be
imported.]
VII. And it is hereby further enacted . . . , That if any ship
or vessel, being the property of the subjects of Great Britain, not
belonging to and fitted out from Great Britain or Ireland, or
the islands of Guernsey, Jersey, Sark, Aldemey, or Man, shall
be found, after . . . [July 20, 1775,] .. . carrying on any
fishery, of what nature or kind soever, upon the banks of Neiv-
foundland, the coast of Labrador, or within the river or gulf of
r
i77Sl NEW ENGLAND RESTRAINING ACT 175
SiUtU Lawrencey or upon the coast of Cape Breton, or Nova Scotia,
or any other part of the coast of North A merica, or having on board
materials for carrying on any such fishery, every such ship or
vessel, with her guns, anununition, tackle, apparel, and furniture,
together with the fish, if any shall be found on board, shall be for-
feited, unless the master, or other person, having the charge of
such ship or vessel, do produce to the commander of any of his
Majesty's ships of war, stationed for the protection and super-
intendence of the British fisheries in America, a certificate, under
the hand and seal of the governor or commander in chief, of any
of the colonies or plantations of Quebec, Newfomidland, Saint
John, Nova Scotia, New York, New Jersey, Pensylvania, Mary-
land, Virginia, North Carolina, South Carolina, Georgia, East
Florida, West Florida, Bahumas, and Bermudas, setting forth,
that such ship or vessel, expressing her name, and the name of
her master, and describing her built and burthen, hath fitted and
cleared out, from some one of the said colonies or plantations, in
order to proceed upon the said fishery, and that she actually and
bona fide belongs to and is the whole and entire property of his
Majesty's subjects, inhabitants of the said colony or plantation. . .
[Section VIII subjects vessels engaged in the fisheries to search.
Sections IX., X., and XL provide that this act shall not extend
to ships clearing from the colonies before June'i, for the whale
fishery only; nor to ships belonging to the island of Nantucket,
cleared for the whale fishery, and having a proper certificate;
nor to fishing vessels fitted out by the towns of Marshfield and
Scituate. By Sec. XII., the St. Croix river is declared to be,
for the purposes of this act, the boundary between Massachusetts
and Nova Scotia.]
XIII. And whereas it is the intent and meaning of this act,
that the several prohibitions and restraints herein imposed upon
the trade and commerce, and fisheries, of the said provinces and
colonies should he discontinued and cease, so soon as the trade
and commerce of his Majesty s subjects may he carried on without
interruption; be it therefore enacted . . . , That whenever it shall
be made appear to the satisfaction of his Majesty's governor or
commander in chief, and the majority of the council, in the
provinces of New Hampshire and Massachusetts Bay respectively,
that peace and obedience to the laws shall be so far restored
176 DECLARATION OF CAUSES [July 6
within the said provinces, or either of them, that the trade and
commerce of his Majesty's subjects may be carried on without
interruption within the same; and that goods, wares, and mer-
chandise, have been freely imported into the said provinces, or
either of them, from Great Britain^ and exposed to sale, without
any let, hindrance, or molestation, from or by reason of any un-
lawful combinations to prevent or obstruct the same; and that
goods, wares, and merchandise, have in like manner been exported
from the said provinces, or either of them respectively, to Great
Britain, for and during the term of one calendar month preceed-
ing; that then, and in such case, it shall and may be lawful for
the governor or commander in chief, with the advice of the
council of such provinces respectively, by proclamation, under
the seal of such respective province, to notify the same to the
several officers of the customs, and all others; and after such
proclamation, this act with respect to such province, within which
such proclamation or proclamations have been issued as afore-
said, shall be discontinued and cease, (except as herein-after
provided) . . .
[By Sections XIV. and XV., like proclamation may be made
for Connecticut and Rhode Island, on proof that lawful trade has
been resumed; but proceedings upon previous seizures are not
to be thereby di^harged.]
No. 47, Declaration of the Causes and
Necessity of Taking up Arms
July 6, 1775
June 23, 1775, John Rutledge of South Carolina, William Livingston of
New Jersey, Franklin, Jay, and Thomas Johnson of Maryland, were ap-
pointed a committee "to draw up a declaration, to be published by General
Washington, upon his arrival at the camp before Boston." The report was
brought in the next day, and on the 26th, after debate, was recommitted, and
Dickinson and Jefferson added to the committee. A draft prepared by
Jefferson being thought by Dickinson too outspoken, the latter prepared a
new one, retaining, however, the closing paragraphs as drawn by Jefferson.
In this form the declaration was reported June 27, and agreed to July 6.
17751 DECLARATION OF CAUSES 1 77
Refekences. — Text in Journals of Congress (ed. 1800), I., 134-139.
The case for the colonies in 1775 i^ ^^^ stated in John Adams's Novanglus
(Wcjiks, IV., 11— 177), in reply to a series of newspaper articles by Daniel
Leonard, over tlie signature of Massachusettensis, The two series were
pdnted together at Boston in 18 19.
A declaration by the Representatives of the United Colonies of
North- America, now met in Congress at Philadelphia, setting
forth the causes and necessity of their taking up arms,
IF it was possible for men, who exercise their reason to believe,
that the divine Author of our existence intended a part of the
human race to hold an absolute property in, and an unbounded
power over others, marked out by his infinite goodness and wis-
dom, as the objects of a legal domination never rightfully re-
dstible, however severe and oppressive, the inhabitants of these
colonies might at least require from the parliament of Great-
Britain some evidence, that this dreadful authority over them,
has been granted to that body. But a reverence for our great
Creator, principles of humanity, and the dictates of common
sense, must convince all those who reflect upon the subject, that
government was instituted to promote the welfare of mankind,
and ought to be administered for the attainment of tha.t end.
The legislature of (ireat-Britain, however, stimulated by an inor-
dinate passion for a f>ower not only unjustifiable, but which they
know to be peculiarly reprobated by the very constitution of that
kingdom, and desperate of success in any mode of contest, where
regard should be had to truth, law, or right, have at length, desert-
ing those, attempted to effect their cruel and impolitic purpose
of enslaving thes^colonies by violence, and have thereby rendered
it necessary for us to close with their last appeal from reason to
arms. — Yet, however blinded that assembly may be, by their
intemperate rage for unlimited domination, so to slight justice
and the opinion of mankind, we esteem ourselves bound by obli-
gations of respect to the rest of the world, to make known the
justice of our cause.
Our forefathers, inhabitants of the island of Great-Britain, left
their native land, to seek on these shores a residence for civil and
religious freedom. At the expense of their blood, at the hazard
of their fortunes, without the least charge to the country from
178. DECLARATION OF CAUSES [July fl
which they removed, by unceasing labour, and an unconquerable
spirit, they effected settlements in the distant and inhospitable
wilds of America, then filled with numerous and warlike nations
of barbarians. — Societies or governments, vested with perfect
legislatures, were formed under charters from the crown, and an
harmonious intercourse was established between the colonies and
the kingdom from which they derived their origin. The mutual
benefits of this union became in a short time so extraordinary, as
to excite astonishment. It is universally confessed, that the
amazing increase of the wealth, strength, and navigation of the
realm, arose from this source; and the minister, who so wisely
and successfully directed the measures of Great-Britain in the
late war, publicly declared, that these colonies enabled her to
triumph over her enemies. — Towards the conclusion of that war,
it pleased our sovereign to make a change in his counsels. —
From that fatal moment, the affairs of the British empire began
to fall into confusion, and gradually sliding from the summit of
glorious prosperity, to which they had been advanced by the vir-
tues and abilities of one man, are at length distracted by the
convulsions, that now shake it to its deepest foundations. — The
new ministry finding the brave foes of Britain, though frequently
defeated, yet still contending, took up tha unfortunate idea of
granting them a hasty peace, and of then subduing her faithful
friends.
These devoted colonies were judged to be in such a state, as
to present victories without bloodshed, and all the easy emolu-
ments of statuteable plunder. — The uninterrupted tenor of their
peaceable and respectful behaviour from the beginning of colo-
nization, their dutiful, zealous, and useful services during the
war, though so recently and amply acknowledged in the most
honourable manner by his majesty, by the late king, and by par-
liament, could not save them from the meditated innovations. —
Parliament was influenced to adopt the pernicious project, and
assuming a new power over them, have in the course of eleven
years, given such decisive specimens of the spirit and conse-
quences attending this power, as to leave no doubt concerning
the effects of acquiescence under it. They have undertaken to
give and grant our money without our consent, though we have
ever exercised an exclusive right to dispose of our own property;
17751 DECLARATION OF CAUSES 179
statutes have been passed for extending the jurisdiction of courts
of admiralty and vice-admiralty beyond their ancient limits; for
depriving us of the accustomed and inestimable privilege of trial
by jury, in cases affecting both life and property ; for suspending
the legislature of one of the colonies; for interdicting all com-
merce to the capital of another; and for altering fundamentally
the form of government established by charter, and secured by
acts of its own legislature solemnly confirmed by the crown; for
exempting the ** murderers*' of colonists from legal trial, and in
effect, from punishment ; for erecting in a neighbouring province,
acquired by the joint arms of Great-Britain and America, a des-
potism dangerous to our very existence; and for quartering sol-
diers upon the colonists in time of profound peace. It has also
been resolved in parliament, that colonists charged with com-
mitting certain offences, shall be transported to England to be
tried.
But why should we enumerate our injuries in detail ? By one
statute it is declared, that parliament can '^of right make laws to
bind us in all cases whatsoever." What is to defend us against
so enormous, so unlimited a power? Not a single man of those
who assume it, is chosen by us ; or is subject to our controul or
influence ; but, on the contrary, they are all of them exempt from
the operation of such laws, and an American revenue, if not di-
verted from the ostensible purposes for which it is raised, would
actually lighten their own burdens in proportion, as they increase
ours. We saw the misery to which such despotism would reduce
us. We for ten years incessantly and ineffectually besieged the
throne as supplicants ; we reasoned, we remonstrated with parlia-
ment, in the most mild and decent language.
Administration sensible that we should regard these oppressive
measures as freemen ought to do, sent over fleets and armies to
enforce them. The indignation of the Americans was roused, it
is true ; but it was the indignation of a virtuous, loyal, and affec-
tionate people. A Congress of delegates from the United Colonies
was assembled at Philadelphia, on the fifth day of last September.
We resolved again to offer an humble and dutiful petition to the
king, and also addressed our fellow-subjects of Great-Britain.
We have pursued every temperate, every respectful measure:
we have even proceeded to break off our commercial intercourse
l8o DECLARATION OF CAUSES [July 6
with our fellow-subjects, as the last peaceable admonition, that
our attachment to no nation up>on earth should supplant our
attachment to liberty. — This, we flattered ourselves, was the
ultimate step of the controversy: but subsequent events have
shewn, how vain was this hope of finding moderation in our
enemies.
Several threatening expressions against the colonies were in-
serted in his majesty's speech; our petition, tho' we were told it
was a decent one, and that his majesty had been pleased to receive
it graciously, and to promise laying it before his parliament,
was huddled into both houses among a bundle of American
papers, and there neglected. The lords and commons in their
address, in the month of February, said, that **a rebellion at
that time actually existed within the province of Massachusetts-
Bay; and that those concerned in it, had been countenanced and
encouraged by unlawful combinations and engagements, entered
into by his majesty's subjects in several of the other colonies;
and therefore they besought his majesty, that he would take the
most effectual measures to inforce due obedience to the laws and
authority of the supreme legislature." — Soon after, the commer-
cial intercourse of whole colonies, with foreign countries, and
with each other, was cut off by an act of parliament ; by another
several of them were intirely prohibited from the fisheries in the
seas near their co[(z]sts, on which they always depended for their
sustenance; and large reinforcements of ships and troops were
immediately sent over to general Gage.
Fruitless were all the entreaties, arguments, and eloquence of
an illustrious band of the most distinguished peers, and com-
moners, who nobly and stren[w]ously asserted the justice of our
cause, to stay, or even to mitigate the heedless fury with which
these accumulated and unexampled outrages were hurried on. —
Equally fruidess was the interference of the city of London, of
Bristol, and many other respectable towns in our favour. Parlia-
ment adopted an insidious manoeuvre calculated to divide us, to
establish a perpetual auction of taxations where colony should
bid against colony, all of them uninformed what ransom would
redeem their lives; and thus to extort from us, at the point of
the bayonet, the unknown sums that should be sufficient to gratify,
if possible to gratify, ministerial rapacity, with the miserable
17751 DECLARATION OF CAUSES iSl
indulgence left to us of raising, in our own mode, the prescribed
tribute. What terms more rigid and humiliating could have been
dictated by remorseless victors to conquered enemies? in our
ciroimstances to accept them, would be to deserve them.
Soon after the intelligence of these proceedings arrived on this
continent, general Gage, who in the course of the last year had
taken possession of the town of Boston, in the province of Mas-
sachusetts-Bay, and still occupied it is [as] a garrison, on the
19th day of April, sent out from that place a large detachment of
his army, who made an unprovoked assault on the inhabitants of
the said province, at the town of Lexington, as appears by the
affidavits of a great number of persons, some of whom were
officers and soldiers of that detachment, murdered eight of the
inhabitants, and wounded many others. From thence the troops
proceeded in warlike array to the town of Concord, where they
set upon another party of the inhabitants of the same province,
killing several and wounding more, until compelled to retreat by
the country people suddenly assembled to repel this cruel aggres-
sion. Hostilities, thus commenced by the British troops, have
been since prosecuted by them without regard to faith or reputa-
tion. — The inhabitants of Boston being confined mthin that
town by the general their governor, and having, in ordei; to pro-
cure their dismission, entered into a treaty with him, it was stipu-
lated that the said inhabitants having deposited their arms with
their own magistrates, should have liberty to depart, taking
with them their other effects. They accordingly delivered up their
arms, but in open violation of honour, in defiance of the obliga-
tion of treaties, which even savage nations esteemed sacred, the
governor ordered the arms deposited as aforesaid, that they might
be preserved for their owners, to be seized by a body of soldiers ;
detained the greatest part of the inhabitants in the town, and
compelled the few who were permitted to retire, to leave their
most valuable effects behind.
By this perfidy wives are separated from their husbands, chil-
dren from their parents, the aged and the sick from their rela-
tions and friends, who wish to attend and comfort them; and
those who have been used to live in plenty and even elegance,
are reduced to deplorable distress.
The general, further emulating his ministerial masters, by a
l82 DECLARATION OF CAUSES [July 6
proclamation bearing date on the 12th day of June, after venting
the grossest falsehoods and calumnies against the good people
of these colonies, proceeds to ** declare them all, either by name or
description, to be rebels and traitors, to supersede the course of
the common law, and instead thereof to publish and order the
use and exercise of the law martial." — His troops have butch-
ered our countrymen, have wantonly burnt Charlestown, besides
a considerable number of houses in other places; our ships and
vessels are seized; the necessary supplies of provisions are inter-
cepted, and he is exerting his utmost power to spread destruction
and devastation around him.
We have received certain intelligence, that general Carelton
[Carleton]f the governor of Canada, is instigating the people of
that province and the Indians to fall upon us; and we have but
too much reason to apprehend, that schemes have been formed
to excite domestic enemies against us. In brief, a part of these
colonies now feel, and all of them are sure of feeling, as far as
the vengeance of administration can inflict them, the compli-
cated calamities of fire, sword, and famine. We^ are reduced
to the alternative of chusing an unconditional submission to the
tyranny of irritated ministers, or resistance by force. — The latter
is our ohoice. — We have counted the cost of this contest, and
find nothing so dreadful as voluntary slavery. — Honour, justice,
and humanity, forbid us tamely to surrender that freedom which
we received from our gallant ancestors, and which our innocent
posterity have a right to receive from us. We cannot endure the
infamy and guilt of resigning succeeding generations to that
wretchedness which inevitably awaits them, if we basely entail
hereditary bondage upon them.
Our cause is just. Our union is perfect. Our internal re-
sources are great, and, if necessary, foreign assistance is undoubt-
edly attainable. — We gratefully acknowledge, as signal instances
of the Divine favour towards us, that his Providence would not
permit us to be called into this severe controversy, until we were
grown up to our present strength, had been previously exercised
in warlike operation, and possessed of the means of defending
ourselves. With hearts fortified with these animating reflections,
we most solemnly, before God and the world, declare, that, exert-
* From this point the declaration follows JefiFerson's draft — Ed.
17751 DECLARATION OF CAUSES 183
ing the utmost energy of those powers, which our beneficent
Creator hath graciously bestowed upon us, the arms we have been
compelled by our enemies to assume, we will, in defiance of
every hazard, with unabating firmness and perseverence, employ
for the preservation of our liberties; being with one mind re-
solved to die freemen rather then to live slaves.
Lest this declaration should disquiet the minds of our friends
and fellow-subjects in any part of the empire, we assure them
that we mean not to dissolve that union which has so long and so
happily subsisted between us, and which we sincerely wish to see
restored. — Necessity has not yet driven us into that desperate
measure, or induced us to excite any other nation to war against
them. — We have not raised armies with ambitious designs of
separating from Great-Britain, and establishing independent
states. We fight not for glory or for conquest. We exhibit to
mankind the remarkable spectacle of a people attacked by unpro-
voked enemies, without any imputation or even suspicion of
offence. They boast of their privileges and civilization, and yet
proffer no milder conditions than servitude or death.
In our own native land, in defence of the freedom that is our
birth-right, and which we ever enjoyed till the late violation of
it — for the protection of our property, acquired solely by the
honest industry of our fore-fathers and ourselves, against violence
actually offered, we have taken up arms. We shall lay them
down when hostilities shall cease on the part of the aggressors,
and all danger of their being renewed shall be removed, and not
before.
With an humble confidence in the mercies of the supreme and
impartial Judge and Ruler of the Universe, we most devoudy
implore his divine goodness to protect us happily through this
great conflict, to dispose our adversaries to reconciliation on
reasonable terms, and thereby to relieve the empire from the
calamities of civil war.
184 REPORT ON LORD NORTH'S RESOLUTION [July 31
No. 48. Report on Lord North's Concilia-
tory Resolution
July 31, 1775
Lord North's offer of conciliation came before the Continental Congress
May 26, 1775, in the form of a communication from the assembly of New
Jersey; it was also transmitted later by the assemblies of Pennsylvania and
Virginia. A memorandum from Lord North, written by Grey Cooper, under-
secretary of the treasury, urging acceptance of the proffered terms, was sub-
mitted May 30. July 22, the declaration of causes and other papers having
been disposed of, Franklin, Jefferson, John Adams, and Richard Henry Lee
were appointed a committee to consider and report on the resolution. The
report, drawn by Jefferson on the lines of a report of the Virginia House of
Burgesses, June 10, on the same resolution, was brought in July 25, and, on
the 31st, agreed to. .
References. — TeoU in Journals of Congress (ed. 1800), I., 175-178.
The Virginia report is in Force's American Archives ^ Fourth Series, II.,
1 200-1 202.
[The report recites the resolution of Lord North, and con-
tinues :]
The Congress took the said resolution into consideration, and
are, thereupon, of opinion.
That the colonies of America are entitled to the sole and exclu-
sive'privilege oF giving and granting their own money: that this
involves a right oT deliberating whether they will make any gift
for what purposes it shall be made, and what shall be its amount ;
and that it is a high breach of this privilege for any body of men,
extraneous to their constitutions, to prescribe the purposes for
which money shall be levied on them, to take to themselves the
authority of judging of their conditions, circumstances and situa-
tions, and of determining the amount of the contribution to be
levied.
That as the colonies possess a right of appropriating their gifts,
so are they entitled at all times to enquire into their application,
to see that they be not wasted among the venal and corrupt for
the purpose of undermining the civil rights of the givers, nor yet
be diverted to the support of standing armies, inconsistent with
their freedom and subversive of their quiet. To propose, there-
fore, as this resolution docs, that the monies given by the colo-
1775] REPORT ON LORD NORTH'S RESOLUTION 185
Dies shall be subject to the disposal of parliament alone, is to
propose that they shall relinquish this right of enquiry, and put
it in the power of others to render their gifts ruinous, in propor-
tion as they are liberal.
That this privilege of giving or of withholding our monies, is
an fmportant barrier against the imdue ej^ertion of prerogative,
which, if left altogether without controul, may be exercised to our
great oppression; and all history shows how efficacious is its
intercessions for redress of grievances and re-establishment of
rights, and how improvident it would be to part with so powerful
a mediator.
We are of opinion that the proposition contained in this reso-
lution is unreasonable and insidious: Unreasonable, because,
if we declare we accede to it, we declare, without reservation,
We will purchacetlie favbui: oF parliament, not knowing at the
same time at what price they will please to estimate their favour;
it is insidious, because, individual colonies, having bid and bidden
again, till they find the avidity of the seller too great for all their
powers to satisfy; are then to return into opposition, divided
from their sister colonies whom the minister will have previously
detached by a grant of easier terms, or by an artful procrastination
of a definitive answer.
That the susp)ension of the exercise of their pretended power
of taxation being expressly made commensurate with the con-
tinuance of our gifts^ these must be perpetual to make that so.
Whereas no experience has shewn that a gift of perpetual revenue
secures a perpetual return of duty or of kind disposition. On
the contrary, the parliament itself, wisely attentive to this obser-
vation, are in the established practice of granting their supplies
from year to year only.
Desirous and determined, as we are, to consider, in the most
dispassionate view, every seeming advance towards a reconcilia-
tion made by the British parliament, let our brethren of Britain
reflect, what would have been the sacrifice to men of free spirits,
had even fair terms been proffered, as these insidious proposals
were with circumstances of insult and defiance. A proposition
to give our money, accompanied with large fleets and armies,
seems addressed to our fears rather than to our freedom. With
what patience would Britons have received articles of treaty from
l86 REPORT ON LORD NORTH'S RESOLUTION [July 31
any power on earth when borne on the point of the bayonet by
military plenipotentiaries?
We think the attempt unnecessary to raise upon us by force or
by threats our proportional contributions to the common defence,
when all know, and themselves acknowledge, we have fully con-
tributed, whenever called upon to do so in the character of free-
men.
We are of opinion it is not just that the colonies should be
required to oblige themselves to other contributions, while Great-
Britain possesses a monopoly of their trade. This of itself lays
them under heavy contribution. To demand, therefore, addi-
tional aids in the form of a tax, is to demand the double of their
equal proportion: if we are to contribute equally with the other
parts of the empire, let us equally with them enjoy free commerce
with the whole world. But while the restrictions on our trade
shut to us the resources of wealth, is it just we should bear all
other burthens equally with those to whom every resource is ojjen ?
We conceive that the British parliament has no right to inter-
meddle with our provisions for the support of civil government,
or administration of justice. The provisions we have made, are
such as please ourselves, and are agreeable to our own circum-
stances: They answer the substantial purposes of government
and of justice, and other purposes than these should not be an-
swered. We do not mean that our people shall be burthened
with oppressive taxes, to provide sinecures for the idle or the
wicked, under colour of providing for a civil list. While parlia-
ment pursue their plan of civil government within their own
jurisdiction, we also hope to pursue ours without molestation.
We are of opinion the proposition is altogether unsatisfactory,
because it imports only a suspension of the mode, not a renuncia-
tion 6f the pretended right to tax us: because, too, it does not
propose to repeal the several acts of parliament passed for the
purposes of restraining the trade, and altering the form of gov-
ernment of one of our colonies: extending the boundaries and
changing the government of Quel^ec; enlarging the jurisdiction
of the courts of admiralty and vice-admiralty; taking from us the
rights of trial by a jury of the vicinage, in cases affecting both
life and property ; transporting us into other countries to be tried
for criminal offences; exempting, by mock-trial, the murderers
1775 REPORT ON LORD NORTH'S RESOLUTION 187
of colonists from punishment; and quartering soldiers on us in
times of profound peace. Nor do they renounce the power of
su^nding our own legislatures, and for [of] legislating for us
themselves in all cases whatsoever. On the contrary, to shew
they mean to [no] discontinuance of injury, they pass acts, at
the very time of holding out this proposition, for restraining the
commerce and fisheries of the provinces of New-England, and
for interdicting the trade of other colonies with all foreign nations,
and with each other. This proves, unequivocally, they mean not
to relinquish the exercise of indiscriminate legislation over us.
Upon the whole, this proposition seems to have been held up
to the world, to deceive it into a belief that there was nothing in
dispute between us but the mode of levying taxes; and that the
parliament having now been so good as to give up this, the colo-
nies are unreasonable if not p)erfectly satisfied: Whereas, in
truth, our adversaries still claim a right of demanding ad libUutn,
and of taxing us themselves to the full amount of their demand,
if we do comply with it. This leaves us without any thing we
can call property. But, what is of more importance, and what
in this proposal they keep out of sight, as if no such point was
now in contest between us, they claim a right to alter our charters
and establish laws, and leave us without any security for our lives
and liberties. The proposition seems also to have been calculated
more particularly to lull into fatal security, our well-affected
fellow-subjects on the other side the water, till time should be
given for the operation of those arms, which a British minister
pronounced would instantaneously reduce the "cowardly" sons
of America to unreserved submission. But, when the world
reflects, how inadequate to justice are these vaunted terms ; when
it attends to the rapid and bold succession of injuries, which,
during the course of eleven years, have been aimed at these
colonies; when it reviews the pacific and respectful expostula-
tions, which, during that whole time, were the sole arms we
opposed to them; when it observes that our complaints were
either not heard at all, or were answered with new and accumu-
lated injuries; when it recollects that the minister himself, on
an early occasion, declared, **that he would never treat with
America, till he had brought her to his feet," and that an avowed
partisan of ministry has more lately denounced against us the
l88 PROCLAMATION OF REBELLION [August 23
dreadful sentence, **delenda est Carthago;** that this was done
in presence of a British senate, and being unreproved by them,
must be taken to be their own sentiment, (especially as the pur-
pose has already in part been carried into execution, by their
treatment of Boston and burning of Charlestown ;) when it con-
siders the great armaments with which they have invaded us, and
the circumstances of cruelty with which these have commenced
and prosecuted hostilities; when these things, we say, are laid
together and attentively considered, can the world be deceived
into an opinion that we are unreasonable, or can it hesitate to
believe with us, that nothing but our own exertions may defeat
the ministerial sentence of death or abject submission.
No. 4(9, Proclamation of Rebellion
August 23, 1775
The party in Congress which still hoped for reconciliation succeeded, June
3, 1775, in passing a resolution for the appointment of a committee to prepare
a petition to the King; and Dickinson, Johnson, John Rutledge, Jay, and
Franklin were chosen by ballot as the members of the committee. The
petition, drafted by Dickinson, was reported June ig, taken up for considera-
tion July 4, and the follo^idng day agreed to. On the 8th the engrossed copy
was signed by the members present. The petition, together with other ad-
dresses adopted by the Congress, was entrusted to Richard Penn, to be carried
to England and laid before the King. The petition was the last offer of
reconciliation made by Congress; and the decision of the question of inde-
pendence was thought by many to depend upon its reception. Already, in
January, before the first petition had been laid before Parliament, the Privy
Council had decided that force should be used to suppress the rebellion,
and that all persons resisting the King should be proclaimed traitors. The
attention of Parliament, however, was immediately taken up with the con-
ciliatory proposals of Chatham, Burke, and Lord North, and the acts restrain-
ing the trade of the northern and southern colonics; and the proclamation
was not then issued. In the mean time, the British and American forces came
into collision at Lexington, Concord, and Bunker Hill, and Congress chose
Washington as commander-in-chief of the American army. The news of
these proceedings fixed the determination of the King, and he ordered the
proclamation to be drawn up. On the 23d of August, the day on which
Richard Penn and Arthur Lee were to have presented the "olive branch"
petition to Lord Dartmouth, the proclamation was issued. The petition
was handed to Lord Dartmouth September i, but the colonial representa-
17751 PROCLAMATION OF REBELLION 189
tiws were refused an audience with the King, 'and were finally informed that
no amswer would be given. The news of the rejection of the petition reached
America October 31. November 3, Congress recommended the people of
New Hampshire to establish a form of government. December 6, a formal
leport on the proclamation was agreed to, in which, after repudiating the
charge of treason, Congress declared that "whatever punishment shall be
inflicted upon any persons in the power of our enemies, for favouring, aiding,
or abetting the cause of American liberty, shall be retaliated in the same kind,
and the same degree, upon those in our power, who have favoured, aided, or
abetted, or shall favour, aid, or abet the system of ministerial oppression."
References. — Text in Force's American Archives ^ Fourth Series, III.,
240, 241. The report of December 6 is in the Journals of Congress (ed. 1800,
I., 263-265; Ford's ed., III., 409-412). The best account of events is in
Frothingham's Rise of the Republic^ chap. 10. The petition of July 8 is in
MacDonald's Seleci Charters, No. 77.
George R.
Whereas many of our subjects in divers parts of our Colonies
and Plantations in North America, misled by dangerous and ill
designing men, and forgetting the allegiance which they owe to
the p)ower that has protected and supported them; after various
disorderly acts committed in disturbance of the publick peace,
to the obstruction of lawful commerce, and to the oppression of
our loyal subjects carrying on the same ; have at length proceeded
to open and avowed rebellion, by arraying themselves in a hostile
manner, to withstand the execution of the law, and traitorously
preparing, ordering and levying war against us: And whereas,
there is reason to apprehend that such rebellion hath been much
promoted and encouraged by the traitorous correspondence,
counsels and comfort of divers wicked and desperate persons
within this realm: To the end therefore, that none of our sub-
jects may neglect or violate their duty through ignorance thereof,
or through any doubt of the protection which the law will afford
to their loyalty and zeal, we have thought fit, by and with the
advice of our Privy Council, to issue our Royal Proclamation,
hereby declaring, that not only all our Officers, civil and military,
are obliged to exert their utmost endeavours to suppress such
rebellion, and to bring the traitors to justice, but that all our
subjects of this Realm, and the dominions thereunto belonging,
are bound by law to be aiding and assisting in the suppression of
such rebellion, and to disclose and make known all traitorous
conspiracies and attempts against us, our crown and dignity ; and
190 DECLARATION OF INDEPENDENCE [July 4
we do accordingly strictly charge and command all otir Officers,
as well civil as military, and all others our obedient and loyal
subjects, to use their utmost endeavours to withstand and suppress
such rebellion, and to disclose and make known all treasons and
traitorous conspiracies which they shall know to be against us,
our crown and dignity; and for that purpose, that they transmit
to one of our principal Secretaries of State, or other proper offi-
cer, due and full information of all persons who shall be found
carrying on correspondence with, or in any manner or degree
aiding or abetting the persons now in open arms and rebellion
against our Government, within any of our Colonies and Planta-
tions in North Americay in order to bring to condign punishment
the authors, prepetrators, and abetters of such traitorous designs.
Given at our Court at SL Jameses the twenty-third day of
August, one thousand seven hundred and seventy-five, in the
fifteenth year of our reign.
God save the King.
No. 50. Declaration of Independence
July 4. 1776
June 7, 1776, Richard Henry Lee of Virginia submitted to the Continental
Congress three resolutions, the first of which declared "That these United
Colonies are, and of right ought to be, free and independent States, that they
are absolved from all allegiance to the British Crown, and that all political
connection between them and the State of Great Britain is, and ought to be,
totally dissolved." The resolutions were seconded by John Adams, and on
the loth a committee, consisting of Thomas Jefferson, John Adams, Benjamin
Franklin, Roger Sherman, and Robert R. Livingstone, was appointed "to
prepare a declaration to the effect of the said first resolution." On the 28th
the committee brought in a draft of a declaration of independence. The reso-
lution previously submitted was adopted July 2; on the 4th the Declaration of
Independence was agreed to, and signed by John Hancock as president of the
Congress. Congress directed that copies be sent " to the several Assemblies,
Conventions, and Committees or Councils of Safety, and to the several com-
manding officers of the continental troops; that it be proclaimed in each of
the United States, and at the head of the army." The members of Congress
signed the Declaration August 2.
References. — Text in Revised Statutes (ed. 1878). There are many
reprints. A facsimile of the engrossed copy is in Force's American Archives^
1776] DECLARATION OF INDEPENDENCE 191
srrks V., vol. I., at p. 1597; a printed copy showing JeflFerson's original
diaft and the changes made by Congress is in the Madison Papers ^ I., 19-27.
The Journal of Congress (ed. 1800, II. ; Ford's ed., V.) gives the proceedings;
Jefferson's notes of the debates are in the Madison Papers^ I. Bancroft's
Uniied Staies (ed. i860), VIII., chaps. 69, 70, gives abstracts of speeches
in Congress, and a discussion of the Declaration itself.
In Congress f July 4, 1776,
The unanimous Declaration of the thirteen united States
OF America,
When in the Course of human events, it becomes necessary for
one people to dissolve the political bands which have connected
them with another, and to assume among the Powers of the earth,
the separate and equal station to which the Laws of Nature and
of Nature's God entitle them, a decent respect to the opinions of
mankind requires that they should declare the causes which impel
them to the separation.
We hold these truths to be self-evident, that all men are created
equal, that they are endowed by their Creator with certain un-
alienable Rights^ that among these are Life, Liberty and the pur-
suit of Happiness. Tl?at to secure these rights. Governments are
instituted among Men, deriving their just powers from thT consent
of the governed. That whenever any Form of Government becomes
destructive^ oFlFese~ehds, it is tlie Right of the People to alter or
to abolish it, and to institute new Government, laying its founda-
tion on such principles and organizing its powers in such form, as
to them shall seem most likely to effect their Safety and Happi-
ness. Prudence, indeed, will dictate that Governments long es-
tablished should not be changed for light and transient causes;
and accordingly all experience hath shown, that mankind are more
disposed to suffer, while evils are sufferable, than to right them-
selves by abolishing the forms to which they are accustomed. But
when a long train of abuses and usurpations, pursuing invariably
the same Object evinces a design to reduce them under absolute
Despotism, it b their right, it is their duty, to throw off such
Government, and to provide new Guards for their future security.
— Such has been the patient sufferance of these Colonies ; and such
is now the necessity which constrains them to alter their former
102 DECLARATION OF IMDEPENDENCE [July 4
Systems of Government. The history of the present King of Great
Britain is a history of repeated injuries and usurpations, all having
in direct object the establishment of an absolute Tyranny over these
States. To prove this, let Facts be submitted to a candid worid.
He has refused his Assent to Laws, the most wholesome and
necessary for the public good.
He has forbidden his Governors to pass Laws of immediate and
pressing importance, unless suspended in their operation till his
Assent should be obtained; and when so suspended, he has
utterly neglected to attend to them.
He has refused to pass other Laws for the accommodation of
large districts of people, unless those people would relinquish the
right of Representation in the Legislature, a right inestimable to
them and formidable to tyrants only.
He has called together legislative bodies at places unusual,
uncomfortable, and distant from the depository of their Public
Records, for the sole purpose of fatiguing them into compliance
with his measures.
^ He has dissolved Representative Houses repeatedly, for oppos-
ing with manly fbrmness his invasions on the rights of the f)eople.
He has refusea-<for a long time, after such dissolutions, to cause
others to be elected; whereby the Legislative Powers, incapable
of Annihilation, Jiave returned to the People at large for their
exercise; the State remaining in the mean time exposed to all
the dangers of invasion from without, and convulsions within.
He has endeavoured to prevent the population of these States;
for that purpose obstructing the Laws of Naturalization of For-
eigners; refuj^ng to pass others to encourage their migration
hither, and raising the conditions of new Appropriations of Lands.
He has obstructed the Administration of Justice, by refusing his
Assent to Laws for establishing Judiciary Powers.
He has made Judges dependent on his Will alone, for the tenure
of their offices, and the amount and payment of their salaries.
He has erected a multitude of New Offices, and sent hither
swarms of Officers to harass our People, and eat out their substance.
He has kept among us, in times of peace. Standing Armies
without the Consent of our legislature.
He has affected to render the Military indejDendent of and
superior to the Civil Power.
17761 DECLARATION OF INDEPENDENCE 193
He has combined with others, to subject us to a jurisdiction
foreign to our constitution, and unacknowledged by our laws;
giving his Assent to their acts of pretended legislation:
Far quartering large bodies of armed troops among us :
For protecting them, by a mock Trial, from Punishment for any
Murders which they should commit on the Inhabitants of these
States:
For cutting oflf our Trade with all parts of the world:
For imposing taxes on us without our Consent : ^'^^
For depriving us in many cases, of the benefits of Trial by Jury :
For transporting us beyond Seas to be tried for pretended
offences:
For abolishing the free System of English Laws in a neighbour- V
ing Province, establishing therein an Arbitrary government, and J
enlarging its Boundaries so as to render it at once an example and /
fit instrument for introducing the same absolute rule into these'
Colonies:
For taking away our Charters, abolishing our most valuable
Laws, and altering fundamentally the* Forms of our Governments:
For suspending our own Legislature, and declaring themselves V
invested with Power to legislate for us in all cases whatsoever. /
He has abdicated Government here, by declaring us out of his
Protection and waging War against us.
He has plundered our seas, ravaged our Coasts, burnt our
towns, and destroyed the lives of our people.
He is at this time transporting large armies of foreign merce-
naries to compleat the works of death, desolation and tyranny,
already begun with cu-cumstances of Cruelty & f)erfidy scarcely
paralleled in the most barbarous ages, and totally unworthy the
Head of a civilized nation.
He has constrained our fellow Citizens taken Captive on the
high Seas to bear Arms against their Country, to become the
executioners of their friends and Brethren, or to fall themselves
by their Hands.
He has exdted domestic insurrections amongst us, and has
endeavoured to bring on the inhabitants of our frontiers, the
merciless Indian Savages, whose known rule of warfare, is an
undistinguished destruction of all ages, sexes and conditions.
In every stage of these Oppressions We have Petitioned for
194 DECLARATION OF INDEPENDENCE [July 4
Redress in the most hum1:^e terms: Our repeated Petitions have
been answered only by ref)eated injury. A Prince, whose charac-
ter is thus marked by every act which inay define a Tyrant, is
unfit to be the ruler of a free People.
Nor have We been wanting in attention to our Brittish brethren.
We have warned them from time to time of attempts by their
legislature to extend an unwarrantable jurisdiction over us. We
have reminded them of the circumstances of our emigration and
settlement here. We have appealed to their native justice and
magnanimity, and we have conjured them by the ties of our com-
mon kindred to disavow these usurpations, which, would inevitably
interrupt our connections and correspondence. They too have
been deaf to the voice of justice and of consanguinity. We must,
therefore, acquiesce in the necessity, which denounces our Sepa-
ration, and hold them, as we hold the rest of mankind. Enemies
in War, in Peace Friends.
We, therefore, the Representatives of the united States of
America, in General Congress, Assembled, appealing to the Su-
preme Judge of the world for the rectitude of our intentions, do, '
in the Name, and by Authority of the good People of these Colo-
nies, solemnly publish and declare. That these United Colonies
are, and of Rigtft ought to be Free and Independent States; that
they are Absolved from all Allegiance to the British Crown, and
that all political connection between them and the State of Great
Britain, is and ought to be totally dissolved; and that as Free
and Independent States, they have full Power to levy War, con-
clude Peace, contract Alliances, establish Commerce, and to do
all other Acts and Things which Independent States may of
right do. And for the support of this Declaration, with a firm
reliance on the Protection of Divine Providence, we mutually
pledge to each other our Lives, our Fortunes and our sacred
Honor.
JOHN HANCOCK.*
^ The remaining signatures are omitted. — Ed.
1776] ARTICLES OF CONFEDERATION 195
No. 51. Articles of Confederation
November 15, 1777
June ii, 1776, the Continental Congress resolved "that a committee be-
ippointed to prepare and digest the form of a confederation to be entered
into between these colonies." The committee, consisting of one member
from each of the colonies except New Jersey, was appointed the following
day. A plan drawn up by John Dickinson of Delaware, a member of the
committee, was reported July 12, considered in Committee of the Whole
House July 23, and debated at intervals until Nov. 15, 1777, when, with some
aromdmeots, it was agreed to. Congress directed that "these articles shall
be proposed to the legislatures of all the United States, to be considered, and
if approved of by them, they are advised to authorize their delegates to ratify
the same in the Congress of the United States; which being done, the same
shall become conclusive." A form of circular letter to accompany the Arti-
cles was adopted Nov. 17; June 26, 1778, a form of ratification was agreed
upon. The delegates from the several States signed the Articles as follows:
New Hampshire, Massachusetts Bay, Rhode Island and Providence Planta-
tions, Connecticut, New York, Pennsylvania, Virginia and South Carolina,
July 9, 1778; North Carolina, July 21, 1778; Georgia, July 24, 1778; New
Jersey, Nov. a6, 1778; Delaware, May 5, 1779; Maryland, March i, 1781.
Congress met under the Articles March 2, 1781. t.
References. — r«jrf in Revised Statutes (ed. 1878). There are numerous
reprints. The proceedings of Congress are in the Journal (ed. 1800, II.-
VII. ; Ford'sed., V.-IX.) ; Jefferson's notes are in Elliot's Debates (ed. 1836),
I., 100-107. The circular letter accompanying the Articles is also in Elliot,
I., 99, 100. Story's Commentaries (ed. 1833), I., 217-223, gives an analysis
of the Articles.
To aU to whom these Presents shall come, we the undersigned
Delegates of the States affixed to our Names send greeting.
Whereas the Delegates of the United States of America in Con-
gress assembled did on the fifteenth day of November in the year
of our Lord One Thousand Seven Hundred and Seventy-seven,
and in the Second Year of the Indej^endence of America agree to
certain articles of Confederation and perpetual Union between
the States of Newhampshire, Massachusetts-bay, Rhodeisland
and Providence Plantations, Connecticut, New York, New Jersey,
Pennsylvania, Delaware, Maryland, Virginia, North-Carolina,
South-Carolina and Georgia in the Words following, viz.
** Articles of Confederation and perpetual Union between the
SkUes of Newhamshire, Massachusetts-bay, Rhodeisland and
196 ARTICLES OF CONFEDERATION [November 15
Providence PlanUUions, ConnecliciU, New-York, New-Jersey,
Pennsylvania, Delaware, Maryland, Virginia, North-Carolina,
South-Carolina and Georgia.
Article I. The stile of this confederacy shall be "The United
States of America."
Article II. Each State retains its sovereignty, freedom and
indejDendence, and every power, jurisdiction and right, which is
not by this confederation expressly delegated to the United States,
in Congress assembled.
Article III. The said States hereby severally enter into a firm
league of friendship with each other, for their common defence,
the security of their liberties, and their mutual and general welfare,
binding themselves to assist each other, against all force ofiFered
to, or attacks made upon them, or any of them, on account of
religion, sovereignty, trade, or any other pretence whatever. ,
Article IV. The better to secure and perpetuate mutual
friendship and intercourse among the people of the difiFerent
States in this Union, the fr^e inhal^tants of each of these States,
paupers, vagabonds and fugitives from justice- excepted, shall be
entitled to all privileges and immunities of free citizens in the
several States; and the f)eople of each State shall have free in-
gress and regress to and from any other State, and shall enjoy
therein all the privileges of trade and commerce, subject to the
same duties, impositions and restrictions as the inhabitants thereof
resf)ectively, provided that such restrictions shall not extend so
far as to prevent the removal of property imported into any
State, to any other state of which the owner is an inhabitant;
provided also that no imposition, duties or restriction shall be
laid by any State, on the property of the United States, or either
of them.
If any Person guilty of, or charged with treason, felony, or
other high misdemeanor in any State, shall flee from justice, and
be found in any of the United States, he shall upon demand of
the Governor or Executive power, of the State from which he fled,
be delivered up and removed to the State having jurisdiction of
his offence.
Full faith and credit shall be given in each of these States to
the records, acts and judicial proceedings of the courts and magis-
trates of every other State.
17771 ARTICLES OF CONFEDERATION 197
Article V. For the more convenient management of the gen-
eral interest of the United States, delegates shall be annually
appointed in such manner as the legislature of each State shall
direct, to meet in Congress on the first Monday in November,
in every year, with a power reserved to each State, to recall its
delegates, or any of them, at any time within the year, and to
send others in their stead, for the remainder of the year.
No State shall be represented in Congress by less than two, nor
by more than seven members; and no person shall be capable of
being a delegate for more than three years in any term of six
y-ears; nor shall any person, being a delegate, be capable of hold-
ing any office under the United States, for which he, or another
for his benefit receives any salary, fees or emolument of any kind.
Each State shall maintain its own delegates in a meeting of the
States, and while they act as members of the committee of the
States.
In determining questions in the United States, in Congress *-■
assembled, each State shall have one vote.
Freedom of speech and debate in Congress shall not be im-
peached or questioned in any court, or place out of Congress, and
the members of Congress shall be protected in their persons from
arrests and imprisonments, during the time of their going to and
from, and attendance on Congress, except for treason, felony, or
breach of the peace.
Article VI. No State without the consent of the United States
in Congress assembled, shall send any embassy to, or receive any .
embassy from, or enter into any conference, agreement, alliance
or treaty with any king, prince or state; nor shall any person
holding any office of profit or trust under the United States, or
any of them, accept of any present, emolument, office or title of
any kind whatever from any king, prince or foreign state; nor
shall the United States in Congress assembled, or any of them,
grant any title of nobility.
No two or more States shall enter into any treaty, confedera- y
tion or alliance whatever between them, without the consent of ^
the United States in Congress assembled, sf)ecifying accurately
the purposes for which the same is to be entered into, and how
long it shall continue.
No State shall lay any imposts or duties, which may interfere ^
198 ARTICLES OF CONFEDERATION [November 15
with any stipulations in treaties, entered into by the United States
in Congress assembled, with any king, prince or state, in pursu-
ance of any treaties already proposed by Congress, to the courts
of France and Spain.
No vessels of war shall be kept up in time of peace by any
State, except such number only, as shall be deemed necessary by
the United States in Congress assembled, for the defence of such
State, or its trade ; nor shall any body of forces be kept up by any
State, in time of peace, except such number only, as in the judg-
ment of the United States, in Congress assembled, shall be deemed
requisite to garrison the forts necessary for the defence of such
State ; but every State shall always keep up a well regulated and
disciplined militia, sufficiently armed and accoutered, and shall
proyide and constantly have ready for use, in public stores, a due
number of field pieces and tents, and a proper quantity of arms,
anununition and camp equipage.
No State shall engage in any war without the consent of the
United States in Congress assembled, unless such State be actually
invaded by enemies, or shall have received certain advice of a
resolution being formed by some nation of Indians to invade such
State, and the danger is so imminent as not to admit of a delay,
till the United States in Congress assembled can be consulted:
nor shall any State grant commissions to any ships or vessels of
war, nor letters of marque or reprisal, except it be after a declara-
tion of war by the United States in Congress assembled, and then
only against the kingdom or state and the subjects thereof, against
which war has been so declared, and under such regulations as
shall be established by the United States in Congress assembled,
unless such State be infested by pirates, in which case vessels of
war may be fitted out f<5r that occasion, and kept so long as the
danger shall continue, or until the United States in Congress
assembled shall determine otherwise.
Article VII. When land-forces are raised by any State for
the common defence, all officers of or under the rank of colonel,
shall be appointed by the Legislature of each State respectively by
whom such forces shall be raised, or in such manner as such State
shall direct, and all vacancies shall be filled up by the State which
first made the appointment.
Article VIII. All charges of war, and all other expenses that
1777] ARTICLES OF CONFEDERATION 199
shall be incurred for the common defence or general welfare, and
aOowed by the United States in Congress assembled, shall be de-
frayed out of a common treasury, which shall be supplied by the
several States, in proportion to the value of all land within each
State, granted to or surveyed for any person, as such land and the
buildings and improvements thereon shall be estimated according
to such mode as the United States in Congress assembled, shall
from time to time direct and appoint.
The taxes for paying that proportion shall be laid and levied by
the authority and direction of the Legislatures of the several States
within the time agreed upon by the United States in Congress
assembled.
Article IX. The United States in Congress assembled, shall
have the sole and exclusive right and power of determining on
peace and war, except in the cases mentioned in the sixth article
— of sending and receiving ambassadors — entering into treaties
and alliances, provided that no treaty of commerce shall be made
whereby the legislative power of the resf)ective States shall be
restrained from imposing such imposts and duties on foreigners,
as their own people are subjected to, or from prohibiting the ex-
portation or importation of any sjDecies of goods or commodities
whatsoever — of establishing rules for deciding in all cases, what
captures on land or water shall be legal, and in what manner prizes
taken by land or naval forces in the service of the United States
shall be divided or appropriated — of granting letters of marque
and reprisal in times of peace — appointing courts for the trial of
piracies and felonies committed on the high seas and establishing
courts for receiving and determining finally appeals in all cases of
captures, provided that no member of Congress shall be appointed
a judge of any of the said courts.
The United States in Congress assembled shall also be the last
resort on appeal in all disputes and differences now subsisting or
that hereafter may arise between two or more States concerning
boundary, jurisdiction or any other cause whatever; which au-
thority shall always be exercised in the manner following. When-
ever the legislative or executive authority or lawful agent of any
State in controversy with another shall present a j^etition to Con-
gresSy stating the matter in question and praying for a hearing,
notice thereof shall be given by order of Congress to the legisla-
2C» ARTICLES OF CONFEDERATION [November 15
tive or executive authority of the other State in controversy, and
a day assigned for the appearance of the parties by their lawful
agents, who shall then be directed to appoint by joint consent,
commissioners or judges to constitute a court for hearing and
determining the matter in question: but if they cannot agree,
Congress shall name three j^ersons out of each of the United
States, and from the list of such persons each |>arty shall alter-
nately strike out one, the petitioners beginning, until the number
shall be reduced to thirteen ; and from that number not less than
seven, nor more than nine names as Congress shall direct, shall in
the presence of Congress be drawn out by lot, and the persons
whose names shall be so cb^wn or any five or them, shall be com-
missioners or judges, to hear and finally determine the contro-
versy, so always as a major part of the judges who shall hear the
cause shall agree in the determination : and if either party shall
neglect to attend at the day appointed, without showing reasons,
which Congress shall judge sufficient, or being present shall refuse
to strike, the Congress shall proceed to nominate three persons
out of each State, and the Secretary of Congress shall strike in
behalf of such party absent or refusing; and the judgment and
sentence of the court to be appointed, in the manner before pre-
scribed, shall be final and conclusive; and if any of the parties
shall refuse to submit to the authority of such court, or to appear
or defend their claim or cause, the court shall nevertheless proceed
to pronounce sentence, or judgment, which shall in like manner
be final and decisive, the judgment or sentence and other pro-
ceedings being in either case transmitted to Congress, and lodged
among the acts of Congress for the security of the parties con-
cerned: provided that every commissioner, before he sits in
judgment, shall take an oath to be administered by one of the
judges of the supreme or superior court of the State, where the
cause shall be tried, "well and truly to hear and determine the
matter in question, according to the best of his judgment, without
favour, affection or hope of reward : " provided also that no State
shall be deprived of territory for the benefit of the United States.
All controversies concerning the private right of soil claimed
under different grants of t\^'o or more States, whose jurisdiction
as they may respect such lands, and the States which passed such .
grants are adjusted, the said grants or either of them being at the
17771 ARTICLES OF CONFEDERATION 201
same time claimed to have originated antecedent to such settle-
ment of jurisdiction, shall on the f)etition of either party to the
Congress of the United States, be finally determined as near as
may be in the same manner as is before prescribed for deciding
disputes respecting territorial jurisdiction between difiFerent States.
The United States in Congress assembled shall also have the
sole and exclusive right and power of regulating the alloy and
value of coin struck by their own authority, or by that of the
respective States — fixing the standard of weights and measures
throughout the United States — regulating the trade and manag-
ing all affairs with the Indians, not members of any of the States,
provided that the legislative right of any State within its own limits
be not infringed or violated — establishing and regulating post-
offices from one State to another, throughout all the United
States, and exacting such postage on the papers passing thro' the
same as may be requisite to defray the expenses of the said office
— appointing all officers of the land forces, in the service of the
United States, excepting regimental officers — appointing all the
officers of the naval forces, and commissioning all officers what-
ever in the service of the United States — making rules for the
government and regulation of the said land and naval forces, and
directing their operations.
The United States in Congress assembled shall have authority
to appoint a committee, to sit in the recess of Congress, to be
denominated "a Committee of the States," and to consist of one
delegate from eacK State; "and to appoint such other committees
and civil officers as may be necessary for manageing the general
affairs of the United States under their direction — to appoint one
of their nimiber to preside, provided that no person be allowed to
serve in the office of president more than one year in any term of
three years; to ascertain the necessary sums of money to be
raised for the ser\'ice of the United States, and to appropriate and
apply the same for defraying the public expenses — to borrow
money, or emit bills on the credit of the United States, transmit-
ting every half year to the respective States an account of the
sums of money so borrowed or emitted, — to build and equip a
navy — to agree upon the number of land forces, and to make
requisitions from each State for its quota, in proportion to the
number of white inhabitants in such State; which requisition
202 ARTICLES OF CONFEDERATION [November 15
shall be binding, and thereupon the Legislature of each State shall
appoint the regimental officers, raise the men and cloath, arm and
equip them in a soldier like manner, at the expense of the United
States; and the officers and men so cloathed, armed and equipped
shall march to the place appointed, and within the time agreed on
by the United States in Congress assembled: but if the United
States in Congress assembled shall, on consideration of circum-
stances judge proper that any State should not raise men, or should
raise a smaller number than its quota, and that any other State
should raise a greater number of men than the quota thereof, such
extra number shall be raised, officered, cloathed, armed and
equipped in the same manner as the quota of such State, unless
the legislature of such State shall judge that such extra number
cannot be safely spared out of the same, in which case they shaU
raise officer, cloath, arm and equip as many of such extra num-
ber as they judge can be safely spared. And the officers and men
so cloathed, armed and equipped, shall march to the place ap-
pointed, and within the time agreed on by the United States in
Congress assembled.
The United States in Congress assembled shall never engage
in a war, nor grant letters of marque and reprisal in time of peace,
nor enter into any treaties or alliances, nor coin money, nor regu-
late the value thereof, nor ascertain the sums and expenses neces-
sary for the defence and welfare of the United States, or any of
them, nor emit bills, nor borrow money on the credit of the
United States, nor appropriate money, nor agree upon the num-
ber of vessels of war, to be built or purchased, or the number of
land or sea forces to be raised, nor appoint a commander in chief
of the army or navy, unless nine States assent to the same: nor
shall a question on any other point, except for adjourning from
day to day be determined, unless by the votes of a majority of
the United States in Congress assembled.
The Congress of the United States shall have power to adjourn
to any time within the year, and to any place within the United
States, so that no period of adjournment be for a longer duration
than the space of six months, and shall publish the journal of their
proceedings monthly, except such parts thereof relating to treaties,
alliances or military operations, as in their judgment require se-
cresy; and the yeas and nays of the delegates of each State on
17771 ARTICLES OF CONFEDERATION 203
any question shall be entered on the journal, when it is desired
by any delegate ; and the delegates of a State, or any of them,
at his CHT their request shall be furnished with a transcript of the
said journal, except such parts as are above excepted, to lay before
the Legislatures of the several States.
AjniCLE X. The committee of the States, or any nine of
them, shall be authorized to execute, in the recess of Congress,
such of the pjowers of Congress as the United States in Congress
assembled, by the consent of nin^ States, shall from time to time
think expedient to vest them with; provided that no power be
delegated to the said committee, for the exercise of which, by the
articles of confederation, the voice of nine States in the Congress
of the United States assembled is requisite.
Article XI. Canada acceding to this confederation, and join-
ing in the measures of the United States, shall be admitted into,
and entitled to all the advantages of this Union: but no other
colony shall be admitted into the same, unless such admission be
agreed to by nine States.
Article XIL All bills of credit emitted, monies borrowed
and debts contracted by, or under the authority of Congress,
before the assembling of the United States, in pursuance of the
present confederation, shall be deemed and considered as a
charge against the United States, for payment and satisfaction
whereof the said United States, and the public faith are hereby
solemnly pledged.
Article XI II. Every State shall abide by the determinations
of the United States in Congress assembled, on all questions
which by this confederation are submitted to them. And the
articles of this confederation shall be inviolably observed by
every State, and the Union shall be perpxitual; nor shall any
alteration at any time hereafter be made in any of them; unless
such alteration be agreed to in a Congress of the United States,
and be afterwards confirmed by the Legislatures of every State.
And whereas it hath pleased the Great Governor of the World
to incline the hearts of the Legislatures we respectively represent
in Congress, to approve of, and to authorize us to ratify the said
articles of confederation and f)erpetual union. Know ye that we
the undersigned delegates, by virtue of the power and authority
to us given for that purpose, do by these presents, in the name
204 TREATY OF PARIS [September ^
and in behalf of our respective constituents, fully and entirely
ratify and confirm each and every of the said articles of confed-
eration and perpetual union, and all and singular the matters and
things therein contained: and we do further sdemnly plight and
engage the faith of our respective constituents, that they shall
abide by the determinations of the United States in Congress
assembled, on all questions, which by the said confederation are
submitted to them. And that the articles thereof shall be invio-
lably observed by the States we respectively represent, and that
the Union shall be perpetual.
In witness whereof we have hereunto set our hands in Congress.
Done at Philadelphia in the State of Pennsylvania the ninth day
of July in the year of our Lord one thousand seven hundred and
1/ seventy-eight, and in the third year of the independence of
America.^
No. 52. Treaty of Paris
September 3, 1783
ColtNWALLls surrendered Oct. 19, 1781. News of the surrender reached
Versailles Nov. 19, and London Nov. 25, two days before the meeting of Par-
liament. March 5, 1 782, Parliament passed an act enabling the King to make-.,
peace or a truce until July i, 1783. On the 20th Lord North resigned, and
the Rockingham ministry came into power, to be followed in July by the Shel-
bume ministry. England had the task of making peace with America,
France, Holland, and Spain, a task which was further complicated by the
existence of alliances between France and America and France and Spain,
and the hostility of Sfjain to the United States. Notwithstanding instructions
from Congress "to be guided by the wishes of the French court," the Amer-
ican commissioners decided to enter into separate negotiations with Great
Britain. April 15, 1782, Franklin received from Lord Shclburne the first
communication relative to a treaty. A provisional treaty was signed at
Paris Nov. 30, 1782, a cessation of hostilities being declared Jan. 20, 1783.
The definitive treaty, in the same terms as the provisional articles, was not
signed until Sept. 3,' 1783, the interval being taken up with the adjustment
of peace between England and France. Congress ratified the treaty Jan. 14,
1784.
References. — Text in U. S. Stat, at Large, VIII., 80-83. The diplo-
matic correspondence is given by Wharton, Dipl, Cones, of the Amer. Rev.,
v., VI., and Sparks, Dipl. Corres.j VI., VII. The course of the negotiations
> The names of the signers are omittod. — ^£i>.
1783I TREATY OF PARIS 205
is foQowed in detail by Wharton, Digest of Intern, Law (ed. 1887), III., *
893-956; compare John Jay, in Winsor's Narrative and Critical History,
VII., 89-169, and correspondence of William Jay and J. Q. Adams in Mag,
ef Amer. Hisl.y III., 39-45. There are valuable notes in Winsor, op, cii.,
Vn., 170-184, on fisheries and northern boundaries under the treaty. Later
correspondence regarding the non-execution of certain provisions of the
treaty relative to loyalists' estates and the rights of British creditors in United
States courts, is in Amer. State Papers, Foreign Relations, I., 188-243.
Article I.
His Britannic Majesty acknowledges the said United States,
viz. New-Hampshire, Massachusetts-Bay, Rhode-Island and
Providence Plantations, Connecticut, New- York, New- Jersey,
Pennsylvania, Delaware, Maryland, Virginia, North-Carolina,
South-Carolina, and Georgia, to be free, sovereign and inde-
pendent States; that he treats with them^ such; and for him-
self, his heirs and successors, relinquishes all claims to the
government, propriety and territorial rights of the same, and
every part thereof.
Article II.
And that all disputes which might arise in future, on the sub-
ject of the boundaries of the said United States, may be pre-
vented, it is hereby agreed and declared, that the following are,
and shall be their boundaries, viz. From the north-west angle of
Nova-Scotia, viz. that angle which is formed by a line, drawn due
north from the source of St. Croix river to the Highlands J--
along the said Highlands which divide those rivers, that empty
themselves into the river St. Lawrence, from those which fall
into the Atlantic ocean, to the north westernmost head of Con-
necticut river, thence down along the middle of that river, to
the forty-fifth degree of north latitude ; from thence, by a line
due west on said latitude, until it strikes the river Iroquois or
Cataraquy; thence along the middle of said river into lake
Ontario, through the middle of said lake until it strikes the com-
munication by water between that lake and lake Erie; thence
along the middle of said communication into lake Erie, through
206 TREATY OF PARIS [September 3
the middle of said lake until it arrives at the water-communica-
tion between that lake and lake Huron ; thence along the middle
of said water-communication into the lake Huron ; thence through
the middle of said lake to the water-communication between that
lake and lake Superior ; thence through lake Superior northward
of the isles Royal and Phelipeaux, to the Long Lake; thence
through the middle of said Long Lake, and the water-communi-
cation between it and the Lake of the Woods, to the said Lake
of the Woods; thence through th2 said lake to the most north-
western point thereof, and from thence on a due west course to
the river Mississippi; thence by a lihe to be drawn along the
middle of the said river Mississippi until it shall intersect the
northernmost part of the thirty-first degree of north latitude.
South by a line to be drawn due east from the determination of
the line last mentioned, in the latitude of thirty-one degrees
north of the Equator, to the middle of the river Apalachicola or
Catahouche ; thence along the middle thereof to its junction with
the Flint river; thence strait to the head of St. Mary*s river;
and thence down along the middle of St. Mary's river to the
Atlantic ocean. East by a line to be drawn along the middle
of the river St. Croix, from its mouth in the Bay of Fundy to its
source, and from its source directly north to the aforesaid High-
lands which divide the rivers that fall into the Atlantic ocean
from those which fall into the river St. LawTence; comprehend-
ing all islands within twenty leagues of any part of the shores of
the United States, and lying between lines to be drawn due east
from the points where the aforesaid boundaries between Nova-
Scotia on the one part, and East-Florida on the other, shall
respectively touch the Bay of Fundy and the Atlantic ocean;
excepting such islands as now are, or heretofore have been
within the limits of the said province of Nova-Scotia.
Article III.
It is agreed that the people of the United States shall continue
to enjoy unmolested the right to take fish of every kind on the
Grand Bank, and on all the other banks of Newfoundland; also
in the gulph of St. Lawrence, and at all other places in the
sea, where the inhabitants of both countries used at any timt
1783I TREATY OF PARIS 207
iieretofore to fish; and also that the inhabitants of the United
States shall have liberty to take fish of every kind on such part
of the coast of Newfoundland as British fishermen shall use (but
not to dry or cure the same on that island) ; and also on the coasts,
bays and creeks of all other of his Britannic Majesty's domin-
ions in America; and that the American fishermen shall have
liberty to dry and cure fish in any of the unsettled bays, harbours
and creeks of Nova-Scotia, Magdalen islands, and Labrador, so
long as the same shall remain unsettled ; but so soon as the same
or either of them shall be settled, it shall not be lawful for the
said fishermen to dry or cure fish at such settlement, without a
previotis agreement for that purpose with the inhabitants, pro-
prietors or possessors of the ground.
Article IV.
It is agreed that creditors on either side, shall meet with no
lawful impediment to the recovery of the full value in sterling
money, of all bona fide debts heretofore contracted.
Article V.
•
' It b agreed that the Congress shall earnestly recommend it to
the legislatures of the respective states, to provide for the resti-
tution of all estates, rights and properties, which have been con-
fiscated, belonging to real British subjects, and also of the estates,
rights and properties of persons resident in districts in the pos-
session of his Majesty's arms, and who have not borne arms
against the said United States. And that persons of any other
description shall have free liberty to go to any part or parts of
any of the thirteen United States, and therein to remain twelve
months, unmolested in their endeavours to obtain the restitution
of such of their estates, rights and properties, as may have been
confiscated; and that Congress shall also earnestly recommend
to the several states a reconsideration and revision of all acts or
laws regarding the premises, so as to render the said laws or acts
perfectly consistent, not only with justice and equity, but with
that spirit of conciliation, which on the return of the blessings of
peace should universally prevail. And that Congress shall also
2o8 TREATY OF PARIS [September 3
earnestly recommend to the several states, that the estates, rights
and properties of such last mentioned persons, shall be restored
to them, they refunding to any persons who may be now in pos-
session, the bona fide price (where any has been given) which
such persons may have paic^on purchasing any of the said lands,
rights or properties, since ^ the confiscation. And it is agreed,
that all persons who have any interest in confiscated lands, either
by debts, marriage settlements, or otherwise, shall meet with no
lawful impediment in the prosecution of their just rights.
Article VI.
That there shall be no future confiscations made, nor any prose-
cutions commenced against any person or persons for, or by reason
of the part which he or they may have taken in the present war ;
and that no person shall, on that account, suffer any future loss
or damage, either in his person, liberty or property; and that
those who may be in confinement on such charges, at the time of
the ratification of the treaty in America, shall be immediately set
at liberty, and the prosecutions so commenced be discontinued.
Article VII. •
There shall be a firm and perpetual peace between his Bri-*
tannic Majesty and the said States, and between the subjects of
the one and the citizens of the other, wherefore all hostilities,
both by sea and land, shall from henceforth cease: all prisoners
m both sides shall be set at liberty, and his Britannic Majesty
shall, with aH convenient speed, and without causing any destruc-
tion, or carrying away any negroes or other property of the Ameri-
can inhabitants, withdraw all his armies, garrisons and fleets from
the said United States, and from every port, place and harbour
within the same; leaving in all fortifications the American artil-
lery that may be therein; and shall also order and cause all
archives, records, deeds and papers, belonging to any of the
said states, or their citizens, which in the course of the war
may have fallen into the hands of his officers, to be forthwith
restored and delivered to the proper states and persons to whom
they belong.
i;«3] ORDINANCE OF 1787 205
Article VIII.
The navigation of the river Mississippi, from its source to the
ocean, shall forever remain free and open to the subjects of Great-
ftitain, and the citizens of the United States.
Article IX.
In case it should so happen that any place or territory belong-
ing to Great-Britain or to the United States, should have been
conquered by the arms of either from the other, before the arrival
of the said provisional articles in America, it is agreed, that the
same shall be restored without difficulty, and without requiring
any compensation.^
* *******
No. 53. Ordinance of 1787
July 13, 1787
Masch X, 1784, the Virginia delegates in Congress, in pursuance of an act
gI the general assembly of that State, passed Dec. 20, 1783, executed a deed
of cession to the United States of the northwestern territory claimed by Vir-
ginia; and by an act of April 23 Congress provided a temporary government.
During the next three years various plans for the government of the territory
were brought forward. July 11, 1787, a committee, of which Nathan Dane
of Massachusetts was chairman, reported an ordinance for the government of
the territory of the United States northwest of the Ohio River; on the 1 2th a
clause forbidding slavery in the territory was added as an amendment; and
on the 13th the bill became a law. By act of Aug. 7, 1789, the Congress of
the United States continued the ordinance in effect; and the act of May 25,
1790, extended the main provisions of the ordinance, except the anti-slavery
section, to territory south of the Ohio River.
References. — Text in Revised Statutes (ed. 1878). The act of the Vir-
ginia assembly and the deed of cession are in Poore's Federal and State
ConstUutians, I., 437, 428. The act of 1784 is in the Journal of Congress
(ed. 1800), I>[., 109, no ; Jefferson's plan is in Randall's Jefferson^ I., 397-
399. The detailed history of the ordinance of 1787, and the part played by
Manasseh Cutler, were first shown by W. F. Poole, in North Amer. Rev.,
« Signed: "D. Hartley, John Adams, B. Franklin, John Jay." — Ed.
p
210 ORDINANCE OF 1787 [July 13
CXXn., 229-265; the ordinance proposed in May, 1787, is printed by
Poole, ib.f 242-244. A fuller account is in the Life, Journals and Corre-
spondence of Manasseh Cutler ^ I., chap. 8. Barrett's Evolution of the Or-
dinance of 1^87 gives an account of early plans, with maps. See also Life
and Public Services of Arthur St. Clair , II. {cf review in Nation, XXXIV.,
383-385).
An Ordinance for the govemtnent of the territory of the United
States northwest of the river Ohio,
Section i. Be it ordained by the United States in Congress
assembled, That the said territory, for the purposes of temporary
government, be one district, subject, however, to be divided into
two districts, as future circumstances may, in the opinion of Con-
gress, make it expedient.
[Section 2 relates to the descent and distribution of estates.]
Sec. 3. Be it ordained by the authority aforesaid. That there
shall be appointed, from time to time, by Congress, a governor,
whose commission shall continue in force for the term of three
years, unless sooner revoked by Congress; he shall reside in the
district, and have a freehold estate therein in one thousand acres
of land, while in the exercise of his office.
Sec. 4. There shall be apf>ointed from time to time, by Con-
gress, a secretary, whose commission shall continue in force for
four years, unless sooner revoked; he shall reside in the district,
and have a freehold estate therein, in five hundred acres of land,
while in the exercise of his office. It shall be his duty to keep
and preserve the acts and laws passed by the legislature, and the
public records of the district, and the proceedings of the governor
in his executive department, and transmit authentic copies of such
acts and proceedings every six months to the Secretary of Con-
gress. There shall also be appointed a court, to consist of three
judges, any two of whom to form a court, who shall have a common-
law jurisdiction, and reside in the district, and have each therein
a freehold estate, in five hundred acres of land, while in the
exercise of their offices; and their commissions shall continue in
force during good behavior.
Sec. 5. The governor and judges, or a majority of them, shall
adopt and publish in the district such laws of the original States,
criminal and civil, as may be necessary, and best suited to the
1787I ORDINANCE OF 1787 _ 211
circumstances of the district, and report them to Congress from
time to time, which laws shall be in force in the district until the
organization of the general assembly therein, unless disapproved
of by Congress ; but afterwards the legislature shall have authority
to alter them as they shall think fit.
Sec. 6. The governor, for t\^ time being, shall be commander-
in-chief of the militia, appoint and commission all officers in the
same below the rank of general officers; all general officers shall
be appointed and commissioned by Congress.
Sec. 7. Previous to the organization of the general assembly
the governor shall app>oint such magistrates, and other civil officers,
in each county or township, as he shall find necessary for the
preservation of the peace and good order in the same. After
the general assembly shall be organized the powers and duties
of the magistrates and other civil officers shall be regulated and
defined by the said assembly; but all magistrates and other civil
officers, not herein otherwise directed, shall, during the con-
tinuance of this temporary government, be appointed by the
governor.
Sec. 8. For the prevention of crimes and injuries, the laws to
be adopted or made shall have force in all parts of the district,
and for the execution of process, criminal and civil, the governor
shall make proper divisions thereof; and he shall proceed, from
time to time, as circumstances may require, to lay out the parts
of the district in which the Indian titles shall have been extin-
guished, into counties and townships, subject, however, to such
alterations as may thereafter be made by the legislature.
Sec. 9. So soon as there shall be five thousand free male
inhabitants, of full age, in the district, upon giving proof thereof
to the governor, they shall receive authority, with time and place,
to elect representatives from their counties or townships, to repre-
sent them in the general assembly : Provided, That for every five
hundred free male inhabitants there shall be one representative,
and so on, progressively, with the number of free male inhabitants,
shall the right of representation increase, until the number of
representatives shall amount to twenty-five ; after which the num-
ber and proportion of representatives shall be regulated by the
legislature: Provided, That no person be eligible or qualified to
act as a representative, unless he shall have been a citizen of one
212 ORDINANCE OF 1787 [July 13
of the United States three years, and be a resident in the district,
or unless he shall have resided in the district three years ; and, in
either case, shall likewise hold in his own right, in fee-simple, two
hundred acres of land within the same: Provided^ also, That a
freehold in fifty acres of land in the district, having been a citizen
of one of the States, and being resident in the district, or the like
freehold and two years' residence in the district, shall be necessary
to qualify a man as an elector of a representative.
Sec. 10. The representatives thus elected shall serve for the
term of two years; and in case of the death of a representative,
or removal from office, the governor shall issue a writ to the
county or township, for which he was a member, to elect another
in his stead, to serve for the residue of the term.
Sec. II. The general assembly, or legislature, shall consist of
the governor, legislative council, and a house of representatives.
The legislative council shall consist of five members, to continue
in office five years, unless sooner removed by Congress ; any three
of whom to be a quorum; and the members of the council shall
be nominated and appointed in the following manner, to wit : As
soon as representatives shall be elected the governor shall appoint
a time and place for them to meet together, and when met they
shall nominate ten persons, residents in the district, and each
possessed of a freehold in five hundred acres of land, and return
their names to Congress, five of whom Congress shall appoint and
commission to serve as aforesaid; and whenever a vacancy shall
happen in the council, by death or removal from office, the house
of representatives shall nominate two persons, qualified as afore-
said, for each vacancy, and return their names to Congress, one
of whom Congress shall appoint and commission for the residue
of the term; and every five years, four months at least before
the expiration of the time of service of the members of council,
the said house shall nominate ten persons, qualified as aforesaid,
and return their names to Congress, five of whom Congress shall
appoint and commission to serve as members of the council five
years, unless sooner removed. And the governor, legislative coun-
cil, and house of representatives shall have authority to make
laws in all cases for the good govemmeut of the district, not
repugnant to the principles and articles in this ordinance estab-
lished and declared. And all bills, having passed by a majority
1787I ORDINANCE OF 1787 213
in the house, and by a majority in the council, shall be referred
to the governor for his assent; but no bill, or legislative act
whatever, shall be of any force without his assent. The governor
shall have power to convene, prorogue, and dissolve the general
assembly when, in his opinion, it shall be expedient.
Sec. 12. [The governor and other officers to take an oath]. As
soon as a legislature shall be formed in the district, the council
and house assembled, in one room, shall have authority, by joint
ballot, to elect a delegate to Congress who shall have a seat in
Congress, with a right of debating, but not of voting, during this
temporary government.
Sec. 13. And for extending the fundamental principles of dvil
and religious liberty, which form the basis whereon these republics,
their laws and constitutions, are erected ; to fix and establish those
principles as the basis of all laws, constitutions, and governments,
which forever hereafter shall be formed in the said territory;
to provide, also, for the establishment of States, and permanent
government therein, and for their admission to a share in the
J Federal councils on an equal footing with the original States, at
as early periods as may be consistent with the general interest:
Sec. 14. It is hereby ordained and declared, by the authority
aforesaid, that the following articles shall be considered as articles
of compact, between the original States and the people and States
in the said territory, and forever remain unalterable, unless by
common consent, to wit:
Article I.
No person, demeaning himself in a peaceable and orderly man-
ner, shall ever be molested on account of his mode of worship, or
religious sentiments, in the said territories.
Article II.
The inhabitants of the said territory shall always be entitled to
the benefits of the writ of habeas corpus, and of the trial by jury;
of a proportionate representation of the [)eople in the legislature,
and of judicial proceedings according to the course of common
law. All persons shall be bailable, unless for capital offences.
214
ORDINANCE OF 1787
[July 13
where the proof shall be evident, or the presumption great. All
fines shall be moderate; and no cruel or unusual punishments
shall be inflicted. No man shall be deprived of his liberty or
property, but by the judgment of his peers, or the law of the land,
and should the public exigencies make it necessary, for the com-
mon preservation, to take any person's property, or to demand
his particular services, full compensation shall be made for the
same. And, in the just preservation of rights and property, it is
understood and declared, that no law ought ever to be made or
have force in the said territory, that shall, in any manner whatever,
interfere with or affect private contracts, or engagements, honafide^
and without fraud previously formed.
Article III.
Religion y morality^ and knowledge beii
government and the happiness
mai
:hools
ecessary to good
and the means
ot education shall lorever be encouraged. The utmost good faith
shall always be observed towards the Indians; their lands and
property shall never be taken from them without their consent;
and in their property, rights, and liberty they never shall be in-
vaded or disturbed, unless in just and lawful wars authorized by
Congress; but laws founded in justice and humanity shall, from
time to time, be made, for preventing wrongs being done to them,
and for preserving peace and friendship with them.
Article IV.
The said territory, and the States which may be formed therein,
shall forever remain a part of this confederacy of the United
States of America, subject to the Articles of Confederation, and to
such alterations therein as shall be constitutionally made; and
to all the acts and ordinances of the United States in Congress
assembled, conformable thereto. The inhabitants and settlers in
the said territory shall be subject to pay a part of the Federal
debts, contracted, or to be contracted, and a proportional part
of the expenses of government to be apportioned on them by
Congress, according to the same common rule and measure
by which apportionments thereof shall be made on the other
1787] ORDINANCE OF 1787 215
States; and the taxes for paying their proportion shall be laid
and levied by the authority and direction of the legLslatures of the
district, or districts, or new States, as in the original States, within
the time agreed upon by the United States in Congress assembled.
The legislatures of those districts, or new States, shall never inter-
fere with the primary disposal of the soil by the United States in
Congress assembled, nor with any regulations Congress may find
necessary for securing the tide in such soil to the bona fide pur-
chasers. No tax shall be imposed on lands the property of the
United States; and in no case shall non-resident proprietors be
taxed higher than residents. The navigable waters leading into
the Mississippi and Saint Lawrence, and the carrying places
between the same, shall be common highways, and forever free,
as well to the inhabitants of the said territory as to the citizens of
the United States", and those of any other States that may be
admitted into the confederacy, without any tax, impost, or duty
therefor.
Article V.
There shall be formed in the said territory not less than three
nor more than five States; and the boundaries of the States,
as soon as Virginia shall alter her act of cession and consent to
the same, shall become fixed and established as follows, to wit:
The w^estem State, in the said territory, shall be bounded by the
Mississippi, the Ohio, and the Wabash Rivers; a direct line drawn
from the Wabash and Post Vincents, due north, to the territorial
line between the United States and Canada; and by the said
territorial line to the Lake of the Woods and Mississippi. The
middle State shall be bounded by the said direct line, the Wabash
from Post Vincents to the Ohio, by the Ohio, by a direct line
drawn due north from the mouth of the Great Miami to the said
territorial line, and by the said territorial line. The eastern State
shall be bounded by the last- mentioned direct line, the Ohio,
Pennsylvania, and the said territorial line: Provided, however,
And it is further understood and declared, that the boundaries
of these three States shall be subject so far to be altered, that, if
Congress shall hereafter find it expedient, they shall have authority
to form one or two States in that part of the said territory which
ic.-|;ci i^ \muu(.-\it; anci snail ho at liluTt
constitulioii ami Slate Lrnxcrnincnt : Pro
and L^ovcTnnicnt, x) to \)v f<)rni('<l, >liall
conformity to the j)rinrij)k's contained in
far as it can be consistent with the gene
federacy, such admission shall be allowed j
when there may be a less number of free
than sixty thousand.
Article VI.
There shall be neither slavery nor invol
said territory, otherwise than in the punishi
the party shall have been duly convicted :
any person escaping into the same, from w
lawfully claimed in any one of the origin*
may be lawfully reclaimed, and conveyed
his or her labor or service as aforesaid.
No. 54. Constitution of the
September 17, 1787
In January, 1786, the lecrislature of Vironnia aH.
1787I CONSTITUTION OF THE UNITED STATES 217
tion of the proposed constitution was begun. July 24 the provisions as agreed
iipon were sent to a Committee of Detail to be embodied in a formal con-
stitution. The committee reported Aug. 6; Sept. 8 a Committee of Style
was appointed; on the 15th the amended form of constitution was agreed to,
and on the 17th signed by all but three of the delegates present. The con-
stitution was transmitted to Congress with an explanatory letter, and a reso-
lution indicating the way in which the proposed government should be put
into operation. On the 28th of September Congress transmitted the con-
stitution> with the letter and resolution, to the State legislatures for submis-
sion to a convention of delegates in each State. The States ratified the con-
stitution as follows: Delaware, Dec. 7; Pennsylvania, Dec. 12; New Jersey,
Dec. 18, 1787; Georgia, Jan. 2; Connecticut, Jan. 9; Massachusetts, Feb. 7;
Maryland, April 28; South Carolina, May 23; New Hampshire, June 21;
Virginia, June 25; New York, July 26, 1788; North Carolina, Nov. 21,
1789; Rhode Island, May 29, 1790.
References. — Official text in Revised Statutes (ed. 1878). There are
many reprints. The text in the Revised Statutes is accompanied by refer-
ences to judicial decisions and an elaborate analytical index. The Journal
of the convention was printed at Boston, 1819; it is also in Elliot's Debates
(ed. 1836), I., 176-348. Madison's notes of the debates are in the Madison
Papers f II., III., and in Elliot; for Yates's minutes, Elliot, I., 439-515.
The various plans submitted are mentioned in Madison's notes and in the
Journal. The resolution of Sept. 17, the accompanying letter to Congress,
and the resolution of Congress, Sept. 28, are in Elliot, I., 52, 53; texts of the
ratifications of the States, i6., I., 349-375. There is a brief history of the
amendments to the constitution in Lalor*s Cyclopcpdia^ I., 607-610. The
classical exposition of the constitution is the Federalist^ of which there are
numerous editions: Dawson's " university edition " has an elaborate analysis.
On the sources of the constitution, Johnston, in New Princeton Rev., IV,,
175-190; Robinson, in Annals of the Amer. Acad, of Polit. and Soc, Science,
I., 203-243; Stevens, Sources of the Constitution of the United States.
We the People of the United States, in Order to form a more
perfect Union, establish Justice, insure domestic Tranquility,
provide for the common defence, promote the general Welfare,
and secure the Blessings of Liberty to ourselves, and our Pos-
terity, do ordain and establish this Constitution for the Ur^'*^
States of America. ^^y
he
Article I. »
less
Sechon. I. All legislative Powers herein granted shall be v«
in a Congress of the United States, which shall consist of a Sjo^g
and Ho^i^ of Representatives. ^^y
2l8 CONSTITUTION OF THE UNITED STATES [Sept. i:
Section. 2} The House of Representatives shall be composed
of Members chosen every second Year by the People of the several
States, and the Electors in each State shall have the Qualifications
requisite for Electors of the most numerous Branch of the State
Legislature.
No Person shall be a Representative who shall not have attained
to the Age of twenty-five Years, and been seven Years a Citizen of
the United States^^and'iv&o shall not, when elected, be an Inhab-
itant of that State in which he shall be chosen.
Representatives and direct Taxes shall be apportioned among
the several States which may be included within this Union, accord-
ing to their respective Numbers, which shall be determined by
adding to the whole Number of free Persons, including those
bound to Service for a Term of Years, and excluding Indians not
taxed, three fifths of all other Persons. The actual Enumeration
shall be made within three Years after the first Meeting of the
Congress of the United States, and within every subsequent Term
of ten Years, in such Manner as they shall by Law direct. The
Number of Representatives shall not exceed one for every thirty
Thousand, but each State shall have at Least one Representative ;
and until such enumeration shall be made, the State of New
Hampshire shall be entitled to chuse three, Massachusetts eight,
Rhode-Island and Providence Plantations one, Connecticut five,
New- York six. New Jersey four, Pennsylvania eight, Delaware one,
Maryland six, Virginia ten. North Carolina five, South Carolina
five, and Georgia- three.
When vacancies happen in the Representation from any State,
the E.xecutive Authority thereof shall issue Writs of Election to fill
such Vacancies.
The House of Representatives shall chuse their Speaker and
her Officers; and shall have the sole Power of Impeachment.
*og f'EcnoN. 3. The Senate of the United States shall be composed
®*"^ wo Senators from each State, chosen by the Legislature thereof,
gyl Jj six Years ; and each Senator shall have one Vote,
convinmediately after they shall be assembled in Consequence of
May first Election, they shall be divided as equally as may be into
the C^ Classes. The Seats of the Senators of the first Class shall
Union.
91, iilie numbers prefixed to the paragraphs in the Revised Statutes are
bein.tted. — Ed.
1787I CONSTITUTION OF THE UNITED STATES 219
«
be vacated at the Expiration of the second year, of the second
Class at the Expiration of the fourth Year, and of the third Class
at the Expiration of the sixth Year, so that one third may be
chosen every second Year; and if Vacancies happen by Resigna-
tion, or otherwise, during the Recess of the Legislature of any
State, the Executive thereof may make temporary Appointments
until the next Meeting of the Legislature, which shall then fill
such Vacancies.
No Person shall be a Senator who shall not have attained to
the Age_ofJhirt^ Years, and been nine Years a Citizen of the
United States, and who shall not, when elected, be an Inhabitant
of that State for which he shall be chosen.
The Vice President of the United States shall be President of
the Senate, but shall have no Vote, unless they be equally
divided.
The Senate shall chuse their other Officers, and also a President
pro tempore, in the Absence of the Vice President, or when he
shall exercise the Office of President of the United States.
The Senate shall have the sole Power to try all Impeachments.
When sitting for that Purpose, they shall l^e on Oath or Affirma-
tion. When the President of the United States is tried, the Chief
Justice shall preside: And no Person shall be convicted without
the Concurrence of two thirds of the Members present.
Judgment in Cases of Impeachment shall not extend further
than to removal from Office, and disqualification to hold and
enjoy any Office of honor. Trust or Profit under the United
States: but the Party convicted shall nevertheless be lial)le and
subject to Indictment, Trial, Judgment and Punishment, according
to Law.
Section. 4. The Times, Places and Manner of holding Elec-
tions for Senators and Representatives, shall be prescribed in each
State by the Legislature thereof; but the Congress may at any
time by Law make or alter such Regulations, except as to the
Places of chusing Senators.
The Congress shall assemble at least once in every Year, and
such Meeting shall be on the first Monday in December, unless
they shall by Law appoint a different Day.
Section. 5. Each House shall be the Judge of the Elections,
Returns a» i Qualifications of its own Members, and a Majority
220 CONSTITUTION OF THE UNITED STATES [Sept. 17
of each shall constitute a Quorum to do Business ; but a smaller
Number may adjourn from day to day, and may be authorized to
compel the Attendance of absent Members, in such Manner, and
under such Penalties as each House may provide.
Each House may determine the Rules of its Proceedings, pun-
ish its Members for disorderly Behavior, and, with the Concur-
rence of two thirds, expel a Member.
Each House shall keep a Journal of its Proceedings, and from
time to time publish the same, excepting such Parts as may in
their Judgment require Secrecy; and the Yeas and Nays of the
Members of either House on any question shall, at the Desire of
one fifth of those present, be entered on the Journal.
Neither House, during the Session of Congress, shall, without
the Consent of the other, adjourn for more than three days, nor
to any other Place than that in which the two Houses shall be
sitting.
Section. 6. The Senators and Representatives shall receive a
Compensation for their Services, to be ascertained by Law, and
paid out of the Treasury of the United States. They shall in all
Cases, except Treason, Felony and Breach of the Peace, be privi-
leged from Arrest during their Attendance at the Session of their
respective Houses, and in going to and returning from the same;
and for any Speech or Debate in either House, they shall not be
questioned in any other Place.
No Senator or Representative shall, during the Time for which
he was elected, be appointed to any civil Office under the Author-
ity of the United States, which shall have been created, or the
Emoluments whereof shall have been encreased during such time ;
and no Person holding any Office under the United States, shall
be a Member of either House during his Continuance in Office.
Section. 7. All Bills for raising Revenue shall originate in the
House of Representatives ; but the Senate may propose or concur
with Amendments as on other Bills.
Every Bill which shall have passed the House of Representa-
tives and the Senate, shall, before it become a Law, be presented
to the President of the United States ; If he approve he shall sign
it, but if not he shall return it, with his Objections to that House
in which it shall have originated, who shall enter the Objections
at large on their Journal, and proceed to reconsider i . If after
i;S7l CONSTITUTION OF THE UNITED STATES 221
such Reconsideration two thirds of that House shall agree to pass
the Bill, it shall be sent, together with the Objections, to the other
House, by which it shall likewise be reconsidered, and if approved
by two thirds of that House, it shall become a Law. But in all
such Cases the Votes of both Houses shall be determined by Yeas
and Nays, and the Names of the Persons voting for and against
the Bill shall be entered on the Journal of each House respec-
tively. If any Bill shall not be returned by the President within
ten Days (Sunda3rs excepted) after it shall have been presented
to him, the Same shall be a law, in like Manner as if he had signed
it, unless the Congress by their Adjournment prevent its Return,
in which Case it shair not be a Law.
Every Order, Resolution, or Vote to which the Concurrence
of the Senate and House of Representatives may be necessary
(except on a question of Adjournment) shall be presented to the
President of the United States; and before the Same shall take
Effect, shall be approved by him, or being disapproved by him,
shall be repassed by two thirds of the Senate and House of Rep-
resentatives, accor(Ung to the Rules and Limitations prescribed in -
the Case of a Bill.
Section. 8. The Congress shall have Power To lay and collect
Taxes, uuties. Imposts and Excises, topav the Debts and pro- ^
vide for the common Defence and general Welfare of the United
States; but all Duties, Imposts and Excises shall be uniform
throughout the United States;
To borrow Money on the Credit of the United States;
To regulate Commerce with foreign Nations, and among the
several States, and with the Indian Tribes;
To establish an uniform Rule of Naturalization, and uniform
Laws on the subject of Bankruptcies throughout the United
States;
To coin Money, regulate the Value thereof, and of foreign Coin,
and fix the Standard of Weights and Measures ;
To provide for the Punishment of counterfeiting the Securities
and current Coin of the United States;
To establish Post Ofl&ces and post Roads;
To promote the Progress of Science and useful Arts, by secur-
ing for limited Times to Authors and Inventors the exclusive Right
to their respective Writings and Discoveries;
222 CONSTITUTION OF THE UNITED STATES [Se{>t. 17
To constitute Tribunals inferior to the supreme Court;
To define and Punish Piracies and Felonies committed on the
high Seas, and Ofifences against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and
make Rules concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money
to that Use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land
and naval Forces;
To provide for calling forth the Militia to execute the Laws of
the Union, suppress Insurrections and re{)el Invasions;
To provide for organizing, arming, and disciplining, the Militia,
and for governing such Part of them as may be employed in the
Service of the United States, reserving to the States respectively,
the Appointment of the Ofl&cers, and the Authority of training the
Militia according to the discipline prescribed by Congress;
To exercise exclusive Legislation in all Cases whatsoever, over
•such District (not exceeding ten Miles square) as may, by Cession
of particular States, and the Acceptance of Congress, become the
Seat of the Government of the United States, and to exercise like
Authority over all Places purchased by the Consent of the Legis-
lature of the State in which the Same shall be, for the Erection
of Forts, Magazines, Arsenals, dock- Yards, and other needful
Buildings; — And
To make all Laws which shall be necessary and proper for
carrying into Execution the foregoing Powers, and all other
Powers vested by this Constitution in the Government of the
United States, or in any Department or OflScer thereof.
Section. 9. The Migration or Importation of such Persons as
any of the States now existing shall think proper to admit, shall
not be prohibited by the Congress prior to the Year one thousand
eight hundred and eight, but a Tax or Duty may be imposed on
such Importation, not exceeding ten dollars for each Person.
The Privilege of the Writ of Habeas Corpus shall not be sus-
pended, unless when in Cases of Rebellion or Invasion the public
Safety may require it.
No Bill of Attainder or expost facto Law shall be passed.
No Capitation, or other direct, tax shall be laid, unless in
1787] CONSTITUTION OF THE UNITED STATES 223
Proportion to the Census or Enumeration herein before directed
to be taken.
No Tax or Duty shall be laid on Articles exported from any
State.
No Preference shall be given by any Regulation of Commerce
or Revenue to the Ports of one State over those of another: nor
shall Vessels bound to, or from, one State, be obliged to enter,
clear, or pay Duties in another.
No Money shall be drawn from the Treasury, but in Conse-
quence of Appropriations made by Law ; and a regular Statement
and Account of the Receipts and Expenditures of all public
Money shall be published from time to time.
No Tide of Nobility shall be granted by the United States:
And no Person holding any Ofl&ce of Profit or Trust under them,
shall, without the Consent of the Congress, accept of any present.
Emolument, Ofl&ce, or Title, of any kind whatever, from any King,
Prince, or foreign State.
Section. 10. No State shall enter into any Treaty, Alliance,
or Confederation; grant Letters of Marque and Reprisal; coin
Money; emit Bills of Credit ; make any Thing but gold and silver
Coin a Tender in Payment of Debts; pass any Bill of Attainder,
ex post facto Law, or Law impairing the Obligation of Contracts,
or grant any Title of Nobility.
No State shall, without the Consent of the Congress, lay any
Imposts or Duties on Imports or Exports, except what may be
absolutely necessary for executing it's inspection Laws: and the
net Produce of all Duties and Imposts, laid by any State on
Imports or Exports, shall be for the Use of the Treasury of the
United States; and all such Laws shall be subject to the Revision
and Controul of the Congress.
No State shall, without the Consent of Congress, lay any Duty
of Tonnage, keep Troops, or Ships of War in time of Peace, enter
into any Agreement or Compact with another State, or with a
foreign Power, or engage in War, unless actually invaded, or in
such imminent Danger as will not admit of Delay.
Article n.
Sectign. I. The executive Power shall be vested in a President
224 CONSTITUTION OF THE UNITED STATES [Sept. 17
of the United States of America. He shall hold his Office during
the Term of four Years, and, together with the Vice President,
chosen for the same Term, be elected, as follows
Each State shall appoint, in such Manner as the Legislature
thereof may direct, a Number of Electors, equal to the whole
Number of Senators and Representatives to which the State may
be entitled in the Congress: but no Senator or Representative, or
Person holding an Office of Trust or Profit under the United
States, shall be appointed an Elector.
The electors shall meet in their respective States, and vote by
ballot for two Persons, of whom one at least shall not be an
Inhabitant of the same State with themselves. And they shall
make a List of all the Persons voted for, and of the Number of
Votes for each ; which List they shall sign and certify, and trans-
mit sealed to the Seat of the Government of the United States,
directed to the President of the Senate. The President of the
Senate shall, in the Presence of the Senate and House of Repre-
sentatives, open all the Certificates, and the Votes shall then be
counted. The Person having the greatest Number of Votes shall
be the President, if such Number be a Majority of the whole
Number of Electors appointed; and if there be more than one
who have such Majority and have an equal Number of Votes, then
the House of Representatives shall immediately chuse by Ballot
one of them for President; and if no person have a Majority,
then from the five highest on the List the said House shall in like
Manner chuse the President. But in chusing the President, the
Votes shall be taken by States, the Representation from each State
having one Vote; A quorum for this Purpose shall consist of a
Member or Members from two-thirds of the States, and a Majority
of all the States shall be necessary to a Choice. In every Case,
after the Choice of the President, the person having the greatest
Number of Votes of the Electors shall be the Vice President.
But if there should remain two or more who have equal Votes,
the Senate shall chuse from them by Ballot the Vice-President.^
The Congress may determine the Time of chusing the Electors,
and the Day on which they shall give their Votes; which Day
shall be the same throughout the United States.
* This paragraph was supexseded by the xath Article of the Amendments.
— Ed.
ijS;] CONSTITUTION OF THE UNITED STAtES 225
No Person except a natural bom Citizen, or a Citizen of the
L-nited States, at the time of the Adoption of this Constitution,
shall be eligible to the OflSce of President; neither shall any Per-
son be eligible to that Office who shall not have attained to the
Age of thirty five Years, and been fourteen Years a Resident
within the United States.
In Case of the Removal of the President from Office, or of his
Death, Resignation, or Inability to discharge the Powers and
Duties of the said Office, the same shall devolve on the Vice
President, and the Congress may by Law provide for the Case
of Removal, Death, Resignation, or Inability, both of the Presi-
dent and Vice President, declaring what Officer shall then act as
President, and such Officer shall act accordingly, until the Dis-
ability be removed, or a President shall be elected.
The President shall, at stated Times, receive for his Services, a
Compensation, which shall neither be encreased nor diminished
during the Period for which he shall have been elected, and he
shall not receive within that Period any other Emolument from
the United States, or any of them.
Before he enter on the Execution of his Office, he shall take
the following Oath or Affirmation: — "I do solemnly swear (or
"affirm) that I will faithfully execute the Office of President of
"the United States, and will to the best of my Ability, preserve,
"protect and defend the Constitution of the United States."
Section. 2. The President shall be Commander in Chief of
the Army and Navy of the United States, and of the Militia of the
several States, when called into the actual Service of the United
States; he may require the Opinion, in writing, of the principal
Officer in each of Jhe executive Departments, upon any Subject
relating to the Duties of their respective Offices, and he shall have
Power to grant Reprieves and Pardons for Offences against the
United States, except in Cases of Impeachment.
He shall have Power, by and with the Advice and Consent of
the Senate, to make Treaties, provided two thirds of the Senators
present concur; and he shall nominate, and by and with the
Advice and Consent of the Senate, shall appoint Ambassadors,
other public Ministers and Consuls, Judges of the supreme Court,
and all other Officers of the United States, whose Appointments
are not herein otherwise provided for, and which shall be estab-
Q
226 CONSTITUTION OF THE UNITED STATES [Sept. 17
lished by Law : but the Congress may by Law vest the Appoint-
ment of such inferior Officers, as they think proper, in the President
alone, in the Courts of Law, or in the Heads of Departments.
The President shall have Power to fill up all Vacancies that may
happen during the Recess of the Senate, by granting Commissions
which shall expire at the End of their next Session.
Section. 3. He shall from time to time give to the Congress
Information of the State of the Union, and recommend to their
Consideration such Measures as he shall judge necessary and
expedient; he may, on extraordinary Occasions, convene both
Houses, or either of them, and in Case of Disagreement between
them, with Respect to the Time of Adjournment, he may adjourn
them to such Time as he shall think proper; he shall receive
Ambassadors and other public Ministers ; he shall take Care that
the Laws be faithfully executed, and shall Commission all the
Officers Qf the United States.
Section. 4. The President, Vice President and all civil Officers
of the United States, shall be removed from Office on Impeach-
ment for, and Conviction of. Treason, Bribery, or other high
Crimes and Misdemeanors.
Article HI.
Section, i. The judicial Power of the United States, shall be
vested in one supreme Court, and in such inferior Courts as the
Congress may from time to time ordain and establish. The
Judges, both of the supreme and inferior Courts, shall hold their
Offices during good Behavior, and shall, at stated Times, receive
for their Services, a Compensation, which shall not be diminished
during their Continuance in Office.
Section. 2. The judicial Power shall extend to all Cases, in
Law and Equity, arising under this Constitution, the Laws of the
United States, and Treaties made, or which shall be made, under
their Authority; — to all Cases affecting Ambassadors, other public
Ministers and Consuls; — to all Cases of admiralty and maritime
Jurisdiction; — to Controversies to which the United Stiites shall
be a Party; — to Controversies between two or more States; —
between a State and Citizens of another State ; — between Citizens
of different States, — between Citizens of the same State claiming
1787] CONSTITUTION OF THE UNITED STATES 227
Lands under Grants of different States, and between a State, or
the Citizens thereof, and foreign States, Citizens or Subjects.
In all Cases affecting Ambassadors, other public Ministers and
Consuls, and those in which a State shall be Party, the supreme
Court shall have original Jurisdiction. In all the other Cases
before mentioned, the supreme Court shall have appellate Juris-
diction, both as to Law and Fact, with such Exceptions, and
under such Regulations as the Congress shall make.
The Trial of all Crimes, except in Cases of Impeachment, shall
be by Jury; and such Trial shall be held in the State where the
said Crimes shall have been committed; but when not committed
within any State, the Trial shall be at such Place or Places as the
Congress may by Law have directed.
Section. 3. Treason against the United States, shall consist
only in levying War against' them, or in adhering to their Ene-
mies, giving them Aid and Comfort. No Person shall be con-
victed of Treason unless on the Testimony of two Witnesses to
the same overt Act, or on Confession in open Court.
The Congress shall have Power to declare the Punishment
of Treason, but no Attainder of Treason shall work Corruption
of Blood, or Forfeiture except during the Life of the Person
attainted.
Article IV.
Section, i. ^ Full Faith and Credit shall be given in each State
to the public Acts, Records, and judicial Proceedings of every
other State. And the Congress may by general Laws prescribe
the Manner in which such Acts, Records and Proceedings shall
be proved, and the Efifect thereof.
Section. 2. The Citizens of each State shall be en tided to all
Privileges and Immunities of Citizens in the several States.
A person charged in any State with Treason, Felony, or other
Crime, who shall flee from Justice, and be found in another State,
shall on Demand of the executive Authority of the State from
which he fled, be delivered up to be removed to the State having
Jurisdiction of the Crime.
No Person held to Service or Labour in one State, under the
Laws thereof, escaping into another, shall, in Consequence of any
Law or Regulation therein, be discharged from such Service or
228 CONSTITUTION OF THE UNITED STATES [Sept. 17
Labour, but shall be delivered up on Claim of the Party to whom
such Service or Labour may be due.
Section. 3. New States may be admitted by the Congress into
this Union; but no new State shall be formed or erected within
the Jurisdiction of any other State; nor any State be formed by
the Junction of two or more States, or Parts of States, without the
Consent of the Legislatures of the States concerned as well as of
the Congress.
The Congress shall have Power to dispose of and make all
needful Rules and Regulations respecting the Territory or other
Property belonging to the United States; and nothing in this
Constitution shall be so construed as to Prejudice any Claims of
the United States, or of any particular State.
Section. 4. The United States shall guarantee to every State
in this Union a Republican Form of* Government, and shall pro-
tect each of them against Invasion; and on Application of the
Legislature, or of the Executive (when the Legislature cannot be
convened) against domestic Violence.
Article V.
The Congress, whenever two thirds of both Houses shall deem
it necessary, shall propose Amendments to this Constitution, or,
on the Application of the Legislatures of two thirds of the several
States, shall call a Convention for proposing Amendments, which,
in either Case, shall be valid to all Intents and Purposes, as Part
of this Constitution, when ratified by the Legislatures of three
fourths of the several States, or by Conventions in three fourths
thereof, as the one or the other Mode of Ratification may be pro-
posed by the Congress ; Provided that no Amendment which may
be made prior to the Year One thousand eight hundred and eight
shall in any Manner affect the first and fourth Clauses in the Ninth
Section of the first Article; and that no State, without its Consent,
shall be deprived of its equal Suffrage in the Senate.
Article VI.
All Debts contracted and Engagements entered into, before the
Adoption of this Constitution, shall be as valid against the United
States under this Constitution, as under the Confederation.
1787I CONSTITUTION OF THE UNITED STATES 225
This Constitution, and the Laws of the United States which
shall be made in Pursuance thereof; and all Treaties made, or
which shall be made, under the Authority of the United States,
shall be the supreme Law of the Land; and the Judges in every
State shall be bound thereby, any Thing in the Constitution or
Laws of any State to the Contrary notwithstanding.
The Senators and Representatives before mentioned, and the
Members of the several State Legislatures, and all executive and
judidal Officers, both of the United States and of the several
States, shall be bound by Oath or Affirmation, to support this
Constitution; but no religious Test shall ever be required as a
Qualification to any Office or public Trust under the United
States.
Article VII.
The Ratification of the Conventions of nine States, shall be
sufficient for the Establishment of this Constitution between the
States so ratif3ring the Same.
Done in Convention by the Unanimous Consent of the States
present the Seventeenth Day of September in the Year of
our Lord one thousand seven hundred and Eighty seven and
of the Independence of the United States of America the
Twelfth In Witness whereof We have hereunto subscribed
our Names,
G? WASHINGTON —
Presidt, and Deputy from Virginia^
ARTICLES IN ADDITION -TO, AND AMENDMENT
OF, THE CONSTITUTION.'
Article I.
Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof; or abridging the
freedom of speech, or of the press; or the right of the people
peaceably to assemble, and to petition the Government for a
redress of grievances.
> The remaining signatures are omitted. — Ed.
* For the Thirteenth, Fourteenth and Fifteenth Amendments, see posi^ Nos. 144,
x6i, and 167.
Akiicli: III.
\o ^oldirr >hall, in time <•!' pciKt' Ik
wiihoul llu' i()n>c'ni <>t tlu' Owner, in )r
manner to be i)rescribe(i by law.
Article IV.
The right of the people to be secure
p>apers, and effects, against unreasonab
shall not be violated, and no Warrants si
able cause, supported by Oath or affir
describing the place to be searched, an
to be seized.
Article V.
No person shall be held to answer fo
infamous crime, unless on a i>resentment (
Jury, except in cases arising in the land (
Militia, when in actual service in time of ^
nor shall any person be subject for the s
put in jeopardy of life or limb; nor shi
Criminal Case to be a witness against hir
life, liberty, or projxjrty, without due pr
private property be taken for public use, wii
1787I CONSTITUTION OF THE UNITED STATES 231
fronted with the witnesses against him ; to have compulsory process
for obtaining Witnesses in his favor, and to have the Assistance
of Counsel for his defence.
Article VII.
In suits at common law, where the value in controversy shall
exceed twenty dollars, the right of trial by jury shall be preserved,
and no fact tried by a jury shall be otherwise re-examined in any
Court of the United States, than according to the rules of the
common law.
Article VIII.
Excessive bail shall not be required, nor excessive fines imposed,
nor cruel and unusual punishments inflicted.
Article IX.
The enumeration in the Constitution, of certain rights, shall not
be construed to deny or disparage others retained by the people.
Article X.
I
1
The powers not delegated to the United States by the Constitu-
tioi, nor prohibited by it to the States, are reserved to the States
respectively, or to the people.*
Article XI.
*he Judicial power of the United States shall not be construed
to^jxtend to any suit in law or equity, commenced or prosecuted
i^lnst one of the United States by Citizens of another state, or
bv Cfitizens or Subjects of any Foreign State.*
Article XII.
'Time Electors shall meet in their respective states, and vote by
Ubit for President and Vice-President, one of whom, at least,
ibijl not be an inhabitant of the same state with themselves; they
* The first ten amendments went into effect Nov. 3, 1791. — Ed.
2 In eflfcct Jan. 8, 1798. — Ed.
.ctv II, whuh list- itu'\' >li;i
scaled to the >t':il of the ^oxcrnnu'i
to the Presidi'iu cf ihc Scii;iti';
>hall, in })rc>ciu:c of tlic Senate a
ujjen all the certificates and the vi
The person having the greatest ni
shall be the President, if such numb
number of Electors appointed; and
jority, then from the persons havir
exceeding three on the list of those
House of Representatives shall choose
President. But in choosing the Presid
by states, the representation from eac.
quorum for this purpose shall consist
from two-thirds of the states, and a ma
be necessary to a choice. And if the
shall not choose a President whenevei
devolve upon them, before the fourth da
then the Vice-President shall act as P
the death or other constitutional disiibil
person having the greatest number o
shall be the Vice-President, if such nu
whole number of Electors appointed,
majority, then from the two highest nun
shall choose the Vice-President; a qu(
consist of two-thirds of ♦»-
»*^« t/\*»i*-
1790] FIRST REPORT ON PUBLIC CREDIT 233
No. 55. Hamilton's First Report on Pub-
lic Credit
January 9, 1790
August 38, 1789, a memorial of certain public creditors of Pennsylvania
was presented in the House, '* praying the aid and interposition of Congress
on behalf of the public creditors, by a permanent appropriation of adequate
funds for the punctual payment of the interest of the public debt, or by the
adoption of such other means as, in the wisdom of Congress, shall be best
calculated to promote the public welfare, and render justice to the individuals
who are interested." The memorial was referred to a committee, of which
Madison was chairman, which reported on the loth in favor of deferring
action until the next session. On the 21st, after consideration of the report,
it was resolved " that this House consider an adequate provision for the sup-
port of the public credit, as a matter of high importance to the national honor
and prosperity," and "that the Secretary of the Treasury be directed to pre-
pare a plan for that purpose, and to report the same to this House at its next
nifcting." January 14, 1790, the report on public credit, extracts from which
follow, was sent in. The report was taken up Feb. 8, and considered in
Committee of the Whole House until March 39, when eight resolutions, agreed
to in committee, were reported. The first three resolutions, recommending
payment of the foreign debt, together with principal and interest of the domes-j
tic debt, were agreed to; the fourth, in favor of the assumption of the State!
debts, was, by a vote of 29 to 37, recommitted ; and the remaining resolutions)
were laid on the table. On the 30th, the last four resolutions were also re-
wmmittcd. Consideration of the report in Committee of the Whole House
*ts resumed, and April 36, by a vote of 33 to 18, the committee was dis-
c^rgcd "for the present" from further consideration of so much of the re-
port as related to assumption. The opposition to assumption which had
oy this time developed, strengthened by the arrival of members from North
Carolina, bid fair to defeat the scheme. In the meantime, the plan for the
^oc^ition of the national capital had met with difficulty, owing to the rival in-
terests of Pennsylvania and Virginia. Hamilton made use of Jefferson's
J^uence to arrange a compromise, by which, in return for votes in favor
^ ^sumption, the capital was to be located at Philadelphia for ten years,
***d thereafter permanently on the Potomac. Acts of Aug. 4, lo, and la,
'790, provided for the settlement of the public debt and for increased
^^vties on imports, substantially as suggested by Hamilton.
toiRENCES. — Text in A mer. State Papers, Finance, I., 15-25. For the
l*^*eedings of the House, see the Journal, ist Cong., ist and 2d Sess. ; for
"* (discussions, see the A nnals of Congress, or Benton's A bridgment, I. The
™*nw>rial presented Aug. 28 is in the Annals; for resolutions and memorials
•Pinst the act of Aug. 4, 1790, see Amer. State Papers, Finance, I., 76-81,
9*^9'. A contemporary view of the funding system is in Carey's Amer
1 he Secretary of the Treasury, in (
of the H«>u-e uf l\c])re--em.iti\ e^ <'f the
her la>t, ha^. <hiriii^ the ri-i c^:- ^i d.
the eonsideration of a |)ro|)cr |)lan for
credit, with all the attention which wi
the House, and to the magnitude of th«
In the opinion of the Secretary, the
giving their explicit sanction to the pr
stated, cannot but be applauded by all \
and trace, through their obvious conse
undeniable truths:
That exigencies are to be expected h
nations, in which there will be a nece
That loans in times of public danger
war, are found an indispensable resourc
of them;
And that, in a country which, like i\
active wealth, or, in other words, little mo
sity for that resource must, in such emerg(
urgent.
And as, on the one hand, the necessit
ticular emergencies, cannot be doubted;
equally evident, that, to be able to bo
it is essential that the credit of a natio
lished. . . .
If thp main<'*»»^'»«*^ — -'
1790I FIRST REPORT ON PUBLIC CREDIT 235
public credit, is recommended by the strongest inducements of
political expediency, it is enforced by considerations of still greater
authority. There are arguments for it which rest on the immutable
principles of moral obligation. . . .
This reflection derives additional strength from the nature of
the debt of the United States. It was the price of liberty. The
faith of America has been repeatedly pledged for it, and with
solemnities that give peculiar force to the obligation. There is,
indeed, reason to regret that it has not hitherto been kept; that
the necessities of the war, conspiring with inexperience, in the
subjects of finance, produced direct infractions ; and that the sub-
sequent period has been a continued scene of negative violation,
or non-compliance. But a diminution of this regret arises from
the reflection, that the last seven years have exhibited an earnest
and uniform effort, on the part of the Government of the Union,
to retrieve the national credit, by doing justice to the creditors
of the nation ; and that the embarrassments of a defective consti-
tution, which defeated this laudable effort, have ceased.
From this evidence of a favorable disposition given by the
former Government, the institution of a new one, clothed with
powers competent to calling forth the resources of the community,
has excited correspondent expectations. A general belief accord-
ingly prevails, that the credit of the United States will quickly be
established on the firm foundation of an effectual provision for the
existing debt. The influence which this has had at home, is
witnessed by the rapid increase that has taken place in the market
value of the public securities. From January to November, they
rose thirty-three and a third per cent. ; and from that period to
this time, they have risen fifty per cent, more; and the intelli-
gence from abroad announces effects proportionably favorable to
our national credit and consequence. . . .
The advantage to the public creditors, from the increased value
of that part of their property which constitutes the public debt,
needs no explanation.
But there is a consequence of this, less obvious, though not less
true, in which every other citizen is interested. It is a well known
fact, that, in countries in which the national debt is properly
funded, and an object of established confidence, it answers most
of the purposes of money. Transfers of stock or public debt, are
/
236 FIRST REPORT ON PUBLIC CREDIT [Jan. 9
there equivalent to payments in specie ; or, in other words, stock,
in the principal transactions of business, passes current as si)ecie.
The same thing would, in all probability, happen here under the
like circumstances. . . .
It ought not, however, to be expected, that the advantages
described as likely to result from funding the public debt, would
be instantaneous. It might require some time to bring the value
of stock to its natural level, and to attach to it that fixed con-
fidence, which is necessary to its quality as money. Yet the late
rapid rise of the public securities encourages an expectation that
the progress of stock, to the desirable point, will be much more
expeditious than could have been foreseen. And as, in the mean
time, it will be increasing in value, there is room to conclude that
it will, from the outset, answer many of the purposes in contempla-
tion. Particularly, it seems to be probable, that from creditors,
who are not themselves necessitous, it will early meet with a ready
reception in payment of debts, at its current price.
Having now taken a concise view of the inducements to a
proper provision for the public debt, the next inquiry which pre-
sents itself is. What ought to be the nature of such a provision ?
This requires some preliminary discussions.
It is agreed on all hands, that that part of the debt which has
been contracted abroad, and is denominated the foreign debt,
ought to be provided for according to the precise terms of the
contracts relating to it. The discussions which can arise, there-
fore, will have reference essentially to the domestic part of it, or
to that which has been contracted at home. It is to be regretted
that there is not the same unanimity of sentiment on this part as
on the other.
The Secretary has too much deference for the opinions of every
part of the community, not to have observed one, which has more
than once made its appearance in the public prints, and which is
occasionally to be met with in conversation. It involves this
question : Whether a discrimination ought not to be made between
original holders of the public securities, and present possessors,
by purchase? Those who advocate a discrimination, are for
making a full provision for the securities of the former at their
nominal value; but contend that the latter ought to receive no
more than the cost to them, and the interest. And the idea is
')
1790] FIRST REPORT ON PUBLIC CREDIT 237
somedmes sugg^ted, of making good the difference to the primi-
tive possessor.
In favor of this scheme, it is alleged, that it would be unreason-
able to pay twenty shillings in the pound, to one who had not
given more for it than three or four. And it is added, that it
would be hard to aggravate the misfortune of the first owner, who,
probably, through necessity, parted with his property at so great a
loss, by obliging him to contribute to the profit of the person who
had speculated on his distresses.
The Secretary, after the most mature reflection on the force of
this argument, is induced to reject the doctrine it contains, as
equally unjust and impolitic; as highly injurious, even to the
original holders of public securities; as ruinous to public
credit.
It is inconsistent with justice, because, in the first place, it
is a breach of contract — a violation of the rights of a fair
purchaser.
The nature of the contract, in its origin, is, that the public will
pay the sum expressed in the security, to the first holder or his
assignee. The intent in making the security assignable, is, that
the proprietor may be able to make use of his proi)erty, by selling
it for as much as it may be worth in the market, and that
the buyer may be safe in the purchase.
Every buyer, therefore, stands exactly in the place of the seller;
has the same right with him to the identical sum expressed in
the security; and, having acquired that right, by fair purchase,
and in conformity to the original agreement and intention of the
Government, his claim cannot be disputed, without manifest in-
justice. . . .
The impolicy of a discrimination results from two considera
tions: One, that it proceeds upon a principle destructive of tha
quality of the public debt, or the stock of the nation, which i*
essential to its capacity for answering the purposes of money,,
that is, the security of transfer; the other, that, as well on this
account as because it includes a breach of faith, it renders prop-
erty, in the funds, less valuable, consequently, induces lenders to
demand a higher premium for what they lend, and produces every
other inconvenience of a bad state of public credit.
It will be perceived, at first sight, that the transferable quality
, w.. v»/ui>(.', lend to (Icprixc the a
vith whicli no t(.'ni])orary saving couh
on.
An(l it will as readily bo porccivcd ll
operate a diminution of the value of stoc
as well as of everj"^ other holder. The j
should incline to purchase, would be wij
be in a compound ratio to the immedia
the chance of the continuance of his profii
to be any hazard of the latter, the risk
calculation, and either there would be r
would be at a proportionablv: lessjricc.
But there is still a point in view, in \s
haps even more exceptionable than in ei
would be repugnant to an express provisi(
the United States. This provision is, tha
and engagements entered into, before tht
stitution, shall be as valid against the Un
under the Confederation;" which amou
ratification of the contracts respecting th
which they existed under the confederati
that standard, there can be no doubt that
and original holders must be considered a*
The Secretary, concluding that a disc
different classes of creditors of the Unit
propriety, be made, ororppdc f/^ *
1790I FIRST REPORT ON PUBLIC CREDIT 239
situation of the State creditors jvould be worse than that of the
creditors of the Union, if there be not a national assumption of
the State debts. ( Of these it will be sufficient to mention two :
one, that a principal branch of revenue is exclusively vested in the
Union; the other, that a State must always be checked in the
imposition of taxes on articles of consumption, from the want of
power to extend the same regulation to the other States, and from
the tendency of partial duties to injure its industry and commerce.
Should the State creditors stand upon a less eligible footing than
the others, it is unnatural to expect they would see with pleasure
a provision for them. The influence which their dissatisfaction
might have, could not but operate injuriously, both for the cred-
itors and the credit of the United States. Hence it is even the
interest of the creditors of the Union, that those of the individual
States should be comprehended in a general provision. Any
attempt to secure to the former either exclusive or peculiar advan-
tages, would materially hazard their interests. 3, Neither would it
be just, that one class of public creditors should be more favored
than the other. The nhjert<^ fnp whiVh hnth descriptions nf
\\y^ debt were contracted, are in the main the same. Indeed, a
great part of the particular debts of the States has arisen from
assumptions by them on account of the Union. And it is most
equitable, that there should be the same measure of retribution for
all. . . .
There is good reason to conclude, that the impressions of many
are more favorable to the claim of the principal, than to that of
the interest; at least so far as to produce an opinion, that an
inferior provision might suffice for the latter.
But, to the Secretary, this opinion does not appear to be well
founded. His investigations of the subject have led him to a con-
clusion, that the arrears of interest have pretensions at least equal
to the principal. . . .
The result of the foregoing discussions is this : That there ought I
to be no discrimination between the original holders of the debt,|
and present possessors by purchase. That it is expedient then
should be an assumption of the State debts by the Union, anc
that the arrears of interest should be provided for on an equa]
footing with the principal.
The next inquiiy, in order, towards determining the nature of
/I 'I '"''
lk';iriii<j; iiii inlcrot of four, an<l \k
int(.Tc>l of \ivc per (t-nt.
Arrears of intrrc^t (o the la^t of Dc
1789
Making, together
The domestic debt may be subdivid.
liquidated and unliquidated; princii
interest.
The principal of the liquidated part, as
in the schedule C, amounts to
Bearing an interest of six per cent.
The arrears of interest, as stated in the
ule D, to the end of 1790, amount to
Making, together
The unliquidated part of the domesti
chiefly of the continental bills of credit,
may be estimated at 2,000,000 dollars.
These several sums constitute the \vh(
United States, amounting together to $5
the individual States is not equally well
Secretary, however, presumes that the totn
I7901 FIRST REPORT ON PUBLIC CREDIT 241
On the foreign debt, computing the interest on the
principal, as it stands, and allowing four per
cent, on the arrears of interest, . . . $542,599 66
On the domestic debt, including that of the States 4,044,845 15
Making, together, . . . $4,587,444 81
The interesting problem now occurs: Is it in the power of the
United States, consistently with those prudential considerations
which ought not to be overlooked, to make a provision equal to
the purpose of funding the whole debt, at the rates of interest
which it now bears, in addition to the sum which will be neces-
sary for the current service of the Government ?
The Secretary will not say that such a provision would exceed
the abilities of the country; but he is clearly of opinion that, to
make it, would require the extension of taxation to a degree, and
to objects, which tfie true intewst of the public creditors forbids.
It is therefore to be hoped, and even to be expected, that they
will cheerfully concur in such modifications of their claims, on
fair and equitable principles, as ,will facilitate to the Govern-
ment an Arrangement substantial, durable, and satisfactory to the
community. . . .
Probabilities are always a rational ground 'of contract. The
Secretary conceives, that there is good reason to believe, if effectual
measures are taken to establish public credit, that the Government
rate of interest in the United States will, in a very short time, fall
at least as low as five per cent. ; and that, in a period not exceed-
ing twenty years, it will sink still lower, probably to four. There j
are two principal causes which will be likely to produce this/
effect; one, the low rate of interest in Europe; the other, the/
increase of the moneyed capital of the nation, by the funding of
the public debt. . . .
Premising these things, the Secretary submits to the House
the expediency of proposing a loan, to the full amount of the
debt, as well of the particular States as of the Union, upon the
following terms:
First. That, for every hundred dollars subscribed, payable in y
. the debt, (as well interest as principal) the subscriber be entitled,
at his option, either to have two-thirds funded at an annuity or
yearly interest of si^^^^ei^cent., redeemable at the pleasure of the
242 FIRST REPORT ON PUBLIC CREDIT [Jan. 9
Government, by payment of the principal, and to receive the
other tl^ird inJanda-HMhg w^^tpm ^erntory^ at the rate of twenty
' cents per acre ; or, to have the whole sum funded at an annuity
STyearly^nterest of four per cent., irredeemable by any payment
exceeding five dollars per annum, on account both of principal
and interest, and to receive, as a compensation for the reduction
of interest, fifteen dollars and eighty cents, payable in lands, as in
the preceding case ; or, to have sixty-six dollars and two-thirds of
a dollar funded immediately, at an annuity or yearly interest of
six per cent., irredeemable by any payment exceeding four dollars
and two-thirds of a dollar per annum, on account both of principal
and interest, and to have, at the end of ten years, twenty-six
dollars and eighty-eight cents funded at the like interest and rate
of redemption; or, to have an annuity, for the remainder of life,
upon the contingency of fixing to a given age, not less distant
than ten years, computing interest at four per cent. ; or, to have
an annuity, for the remainder of life, upon the contingency of the
survivership of the youngest of two persons, computing interest in
this case also at four per cent.
In addition to the foregoing loan, payable wholly in the debt,
/the Secretary would propose that one should be opened for ten
rmillions of dollars, on the following plan :
That, for every hundred dollars subscribed, pyayable one half in
^p>ecie, and the other half in debt, (as well principal as interest)
/the subscriber be entitled to an annuity or yearly interest of five
I per cent., irredeemable by any payment exceeding six dollars per
annum, on account botn of principal and interest. [The details
of these various plans are then discussed at length.]
In order to keep up a due circulation of money, it will be ex-
ipedient that the interest of the debt should be paid quarter-
/ yearly. . . .
I The remaining part of the task to be performed is to take a
view of the means of providing for the debt, according to the
modification of it which is proposed. . . .
... to pay the interest of the foreign debt, and to pay four per
cent, on the whole of the domestic debt, principal and interest,
forming a new capital, will require a yearly income of $2,239,163,09
— the sum which, in the opinion of the Secretary, ought now to be
provided, in addition to what the current service will require. . . .
i79o] PROCLAMATION OF NEUTRALITY 243
With regard to the instalments of the foreign debt, these, in the
opinion of the Secretary, ought to be paid by new loans abroadr — ^
Could funds be conveniently spared from other exigencies, for
paying them, the United States could illy bear the drain of cash,
at the present juncture, which the measure would be likely to
occasion.
But to the sum which has been stated for payment of the in-
terest, must be added a provision for the current service. This
the Secretary estimates at six hundred thousand dollars, making,
with the amount of the interest, two millions eight hundred and
thirty-nine thousand one hundred and sixty-three dollars and nine
cents.
This sum may, in the opinion of the Secretary, be obtained
from the present duties on imports and tonnage, with the addi-
tions which, without any possible disadvantage, either to trade or
agriculture, may be made on wines, spirits, (including those dis-
tilled within the United States) teas and cofifee. [A discussion of
this point, with a detailed statement of the proposed duties,
follows.]
No. 56. Proclamation of Neutrality
April 2a, 1793
The declaration of war made by France against Great Britain and Holland
reached the United States early in April, 1793. Washington was at Mount
Vernon. April 12 he addressed letters to the Secretaries of State and of the
Treasury, "requesting their immediate attention to the question of privateer-
ing"; on the 17th he reached Philadelphia. On the following day Washing-
ton sent to the members of the cabinet a circular letter containing thirteen
questions, framed by Hamilton, relative to the proper conduct of the United
States in view of a European war. The members of the cabinet, with the
Attorney-General, met on the 19th at Washington's house, and unanimously
decided in favor of the issuance of a proclamation of neutrality. Randolph
was directed to draw up the proclamation; on the 2 2d it was submitted to
the President, approved, signed, and ordered to be published. The procla-
mation was communicated to Congress Dec. 3.
References. — Text in Amer. State Paper Sy Foreign Relations, I., 140.
Washington's letter to the cabinet, and the accompanying questions, are
given in Sparks, Writings of Washington, X., 337, 533, 534. Jefferson's
244 JAY TREATY [November 19
account of the cabinet meeting at which the proclamation was discussed is in
his Works (ed. 1854), IX., 142, 143; for his own views on the subject, ib.,
IV., 17-20, 29-31. For the controversy between Hamilton and Madison,
under the names of "Pacificus" and "Helvidius," see Hamilton's Works
cd. 185 1), VII., 76-117, and Madison's Wriiings (ed. 1865), I., 611-654.
Whereas it appears that a state of war exists between Austria,
Prussia, Sardinia, Great Britain, and the United Netheriands, of
the one part, and France on the other; and the duty and inter-
est of the United States require, that they should with sincerity
and good faith adopt and pursue a conduct friendly and impartial
toward the belligerent Powers : ^
I have therefore thought fit by these presents to declare the
disposition of the United States to observe the conduct aforesaid
towards those Powers respectively; and to exhort and warn the
citizens of the United States carefully to avoid all acts and pro-
ceedings whatsoever, which may in any manner tend to contra-
vene such disposition.
And I do hereby also make known, that whosoever of the citi-
.zens of the United States shall render himself liable to punish-
ment or forfeiture under the law of nations, by committing, aiding,
or abetting hostilities against any of the said Powers, or by carry-
ing to any of them those articles which are deemed contraband
by the modem usage of nations, will not receive the protection of
the United . States, against such punishment or forfeiture; and
further, -that I have given instructions to those officers, to whom
it belongs, to cause prosecutions to be instituted against all per-
sons, who shall, within the cognizance of the courts of the United
States, violate the law of nations, with respect to the Powers at
war, or any of them. . . .
Geo. Washington.
No. 57. Treaty with Great Britain
November 19, 1794
The non-observance by Great Britain of the provisions of the treaty of 1783
in regard to the carrying away of slaves and the withdrawal of troops led to
extended but fruitless diplomatic correspondence. In the autumn of 1793
relations between the two countries were further strained by the admiralty
17941 JAY TREATY 245
orders for the seizure of neutral vessels laden with provisions destined for
French ports. April 16, 1794, Washington nominated John Jay, chief justice
of the Supreme Court, as envoy extraordinary to negotiate with Great Britain.
By a vote of 18 to 8 the nomination was confirmed. Jay reached London
June 15, and Nov. 19 the treaty was concluded. The treaty was submitted to
the Senate, in special session, June 8, 1795; on the 24th ratification was ad'
vised, with a special reservation as to the twelfth article. An act of May 8,
1796, made appropriations for carrying the treaty into effect.
References. — Text in U. 5. Slat, at Large, VIII., 1 16-129. July's in-
structions and the diplomatic correspondence are in Amer, State Papers,
Foreign Relatiofis, I., 472-520. The proceedings of the Senate are in the
Annals, 3d Cong.| 854-868; discussions in the House are in the Annals, 4th
Cong., ist Sess., 426-783, and in Benton's Abridgment, I., 639-754. Wash-
ington's message refusing compliance with the request of the House for papers
relating to the treaty is in Amer. State Papers (Wait's ed., 181 7), II., 102-105.
For Hamilton's objections to the treaty when first made known, see Gibbs's
Administrations of Washington and Adams, I„ 223, 224; for his later views,
over names of "Horatius" and "Camillus," see his Works (ed. 1851), VII.,
169-528. Sec also Works of Fisher Ames (ed. 1809), 58-93, speech on the
treaty; Wharton's Digest of Intern, Law (ed. 1887), II., 161-163; and *&.,
Il.y 1589 159, for references to judicial decisions involving the treaty.
Article I.
There shall be a firm, inviolable and universal peace, and a
true and sincere friendship between his Britannic Majesty, his
heirs and successors, and the United States of America; and
between their respective countries, territories, cities, towns and
people of every degree, without exception of persons or places.
Article II.
I
His Majesty will withdraw all his troops and garrisons from
all posts and places within the boundary lines assigned by the
treaty of peace to the United States. This evacuation shall take
place on or biefore . . . [June i, 1796,] . . . : The United States
in the mean time at their discretion, extending their settlements to
any part within the said boundary line, except within the pre-
cincts or jurisdiction of any of the said posts. All settlers and
traders, within the precincts or jurisdiction of the said posts,
shall continue to enjoy, unmolested, all their property of every
kind, and shall be protected therein. They shall be at full lib-
246 JAY TREATY [November 19
erty to remain there, or to remove with all or any part of their
effects; and it shall also be free to them to sell their lands, houses,
or effects, or to retain the property thereof, at their discretion ;
such of them as shall continue to reside within the said boundary
lines, shall not be compelled to become citizens of the United
States, or to take any oath of allegiance to the government thereof ;
but they shall be at full liberty so to do if they tlftnk proper, and
they shall make and declare their election within one year after
the evacuation aforesaid. And all persons who shall continue
there after the expiration of the said year, without having declared
their intention of remaining subjects of his Britannic Majesty,
shall be considered as having elected to become citizens of the
United States.
Article III.*
It is agreed that it shall at all times be free to his Majesty's
subjects, and to the citizens of the United States, and also to the
Indians dwelling on either side of the said boundar)' line, freely
to pass and repass by land or inland navigation, into the respec-
tive territories and countries of the two parties, on the continent
of America (the country within the limits of the Hudson's bay
Company only excepted) and to navigate all the lakes, rivers
and waters thereof, and freely to carry on trade and commerce
with each other. But it is understood, that this article does not
extend to the admission of vessels of the United States into the
sea-ports, harbours, bays, or creeks of his Majesty's said territo-
ries; nor into such parts of the rivers in his M^esty's said terri-
tories as are between the mouth thereof, and the highest port of
entry from the sea, except in small vessels trading bona fide
between Montreal and Quebec, under such regulations as shall
be established to prevent the possibility of any frauds in this
respect. Nor to the admission of British vessels from the sea
into the rivers of the United States, beyond the highest ports of
entry for foreign vessels from the sea. The river Mississippi
shall, however, according to the treaty of peace, be entirely open
to both parties; and it is further agreed, that all the ports and
places on its eastern side, to whichsoever of the parties belonging,
*See explanatory article, May 4, 1796: Treaties and ConverUians (ed. 1889),
395, 396. — Ed.
17041 JAY TREATY 247
may freely be resorted to and used by both parties, in as ample
a manner as any of the Atlantic ports or places of the United
States, or any of the ports or places of his Majesty in Great-
Britain.
All goods and merchandize whose importation into his Maj-
esty's said territories in America, shall not be entirely prohibited,
may freely, foi^the purposes of commerce, be carried into the
same in the manner aforesaid, by the citizens of the United States,
and such goods and merchandize shall be subject to no higher or
other duties, than would be payable by his Majesty's subjects
on the importation of the same from Europe into the said territories.
And in like manner, all goods and merchandize whose importation
into the United States shall not be whoUy prohibited, may freely,
for the purposes of commerce, be carried into the same, in the
manner aforesaid, by his Majesty's 'subjects, and such goods and
merchandize shall be subject to no higher or other duties, than
would be payable by the citizens of the United States on the im-
portation of the same in American vessels into the Atlantic ports of
the said states. And all goods not prohibited to be exported from
the said territories respectively, may in like manner be carried out
of the same by the two parties respectively, paying duty as afore-
said.
No duty of entry shall ever be levied by either party on peltries
brought by land, or inland navigation into the said territories
respectively, nor shall the Indians passing or repassing with their
own proper goods and effects of whatever nature, pay for the same
any impost or duty whatever. But goods in bales, or other large
packages, unusual among Indians, shall not be considered as
goods belonging bona fide to Indians.
No higher or other tolls or rates of ferriage than what are or
shall be payable by natives, shall be demanded on either side;
and no duties shall be payable on any goods which shall merely
be carried over any of the portages or carrying-places on either
side, for the purpose of being immediately re-imbarked and car-
ried to some other place or places. But as by this stipulation it
is only meant to' secure to each party a free passage across the
portages on both sides: it is agreed, that this exemption from duty
shall extend only to such goods as are carried in the usual and
direct road across the portage, and are not attempted to be in
248 JAY TREATY [November 19
any manner sold or exchanged during their passage across the
same. . . .
Article IV.
Whereas it is uncertain whether the river Mississippi extends
so far to the northward, as to be intersected by a line to be drawn
due west from the Lake of the Woods, in the manner mentioned
in the treaty of peace bet^^een his Majesty and the United States :
it is agreed, that measures shall be taken in concert between his
Majesty's government in America and the government of the
United States, for making a joint survey of the said river from
one degree of latitude below the falls of St. Anthony, to the principal
source or sources of the said river, and also of the parts adjacent
thereto; and that if on the result of such survey, it should appear
that the said river, would not be intersected by such a line as is
above mentioned, the two parties will thereupon proceed by
amicable negociation, to regulate the boundary line in that quarter,
as well as all other points to be adjusted between the said parties,
according to justice and mutual convenience, and in conformity to
the intent of the said treaty.
Article V.*
Whereas doubts have arisen what river was truly intended under
the name of the river St. Croix, mentioned in the said treaty of
peace, and forming a part of the boundary therein described ; that
question shall be referred to the final decision of commissioners
to be appointed in the following manner, viz. [Each party to
choose one commissioner, and these two to choose a third. The
commissioners to "decide what river is the river St. Croix, in-
tended by the treaty," and the decision to be final.]
Article VI.
Whereas it is alledged by divers British merchants and others
his Majiesty's subjects, that debts, to a considerable amount,
which were bona fide contracted before the peace, still remain
owing to them by citizens or inhabitants of the United States,
'See explanatory article, March 15, 1798: Treaties and Conventions (ed.
18^). 396, 397. — Ed.
1794] JAY TREATY 249
and that by the operation of various lawful impediments since
the peace, not only the full recovery of the said debts has been
delayed, but also the value and security thereof have been, in
sevoal instances, impaired and lessened, so that by the ordi-
nary course of judicial proceedings, the British creditors cannot
now obtain, and actually have and receive full and adequate
compensation for the losses and damages which they have thereby
sustained. It is agreed, that in all such cases, where full com-
pensation for such losses and damages cannot, for whatever
reason, be actually obtained, had and received by the said credi- *
tors in the ordinary course of justice, the United States will
make full and complete compensation for the same to the said
creditors: But it is distinctly understood, that this provision is
to extend to such losses only as have been occasioned by the law-
ful impediments aforesaid, and is not to extend to losses occa-
sioned by such insolvency of the debtors, or other causes as would
equally have operated to produce such loss, if the said impedi-
ments had not existed; nor to such losses or damages as have
been occasioned by the manifest delay or negligence, or wilful
omission of the claimant.
[Claims to be adjudicated by five commissioners, with powers
and duties as herein prescribed. The awards of the commission-
ers to be final, "both as to the justice of the claim, and to the
amount of the sum to be paid to the creditor or claimant."]
Articlb VII.
Whereas complaints have been made by divers merchants and
others, citizens of the United States, that during the course of
the war in which his Majesty is now engaged, they have sus-
tained considerable losses and damage, by reason of irregular or
illegal captures or condemnations of their vessels and other prop-
erty, under colour of authority or commissions from his Majesty,
and that from various circumstances belonging to the said cases,
adequate compensation for the losses and damages so sustained
cannot now be actually obtained, had and received by the ordi-
nary course of judicial proceedings; it is agreed, that in all such
cases, where adequate compensation cannot, for whatever reason,
be now actuaUy obtained, had and received by the said merchants
250 JAY TREATY [November 19
and others, in the ordinary course of justice, full and complete
compensation for the same will be made by the British govern-
ment to the said complainants. But it is distinctly understood,
that this provision is not to extend to such losses or damages as
have been occasioned by the manifest delay or negligence, or
wilful omission of the claimant.
[Claims to be adjudicated by five commissioners, under like
conditions to those stated in Art. VI.] *
And whereas certain merchants and others his Majesty's sub-
jects, complain, that in the course of the war they have sustained
loss and damage, by reason of the capture of their vessels and mer-
chandise, taken within the limits and jurisdiction of the states, and
brought into the ports of the same, or taken by vessels originally
armed in ports of the said states.
It is agreed that in all such cases where restitution shall not
have been made agreeably to the tenor of the letter from Mr.
Jefferson to Mr. Hammond, dated at Philadelphia, Sept. 5, 1793,
a copy of which is annexed to this treaty; ' the complaints of the
parties shall be and hereby are referred to the commissioners to
be appointed by virtue of this article, who arc hereby authorized
and required to proceed in the like manner relative to these as
to the other cases committed to them. . . .
Article X.
Neither the debts due from individuals of the one nation to
individuals of the other, nor shares, nor monies which they may
have in the public funds, or in the public or private banks, shall
ever in any event of war or national differences be sequestered or
confiscated. . . .
Article XI.
It is agreed between his Majesty and the United States of
America, that there shall be a reciprocal and entirely perfect
liberty of navigation and commerce between their respective
* A convention providing for payment of indemnity under Articles VI. and
VIL, and debts under Article IV. of the treaty of Sept. 3, 1 783, was concluded
Jan. 8, 1 80a. Treaties and Convenlions (ed. 1889), 398, 399. — Ed.
' Treaties and Conventions (ed. 1889), 394, 395. — Ed.
i7<m1 jay treaty 251
people, in the manner, under the limitations and on the condi-
tions specified in the following articles:
Article XII.
[Art. Xn., relating to trade with the West Indies, was sus-
pended by the resolution of the Senate advising ratification, and
the suspension was agreed to by Great Britain.]
Article XIII.
His Majesty consents that the vessels belonging to the citizens
of the United States of America, shall be admitted and hospitably
received, in all the sea-ports and harbours of the British territories
in the East-Indies. And that the citizens of the said United
States, may freely carry on a trade between the said territories
and the said United States, in all articles of which the impor-
tation or exportation respectively, to or from the said territories,
shall not be entirely prohibited. Provided only, that it shall
not be lawful for them in any time of war between the British
government and any other power or state whatever, to export
from the said territories, without the special permission of the
British government there, any military stores, or naval stores, or
rice. The citizens of the United States shall pay for their ves-
sels when admitted into the said ports no other or higher tonnage-
duty than shall be payable on British vessels when admitted into
the ports of the United States. And they shall pay no other or
higher duties or charges, on the importation or exportation of the
cargoes of the said vessels, than shall be payable on the same
articles when imported or exported in British vessels. But it is
expressly agreed, that the vessels of the United States shall not
carry any of the articles exported by them from the said British
territories, to any port or place, except to some port or place in
America, where the same shall be unladen, and such regulations
shall be adopted by both parties, as shall from time to time be
found necessary to enforce the due and faithful observance of
this stipulation. It is also understood that the permission
granted by this article, is not to extend to allow the vessels of
the United States to carry on any part of the coasting-trade of
the said British territories; but vessels going with their original
LUC Slid ternlorics, or if tlu'v ^lioiil
afori'Siid, lo i^o l<> ;in\- oiIkt |>1;u(' ihcr
In tlu' 1;l\\^, ^nxcrniiUMU. ;iii<l juri^dii
li>lKMl in >iK li harbor, port or place, a
be. The citizens of the United States
ment at the island of St. Helena, but su
regulations as the British government
establish there.
Article XIV
There shall be between all the do mi
Europe and the territories of the Unitec
perfect liberty of commerce and *navip
inhabitants of the two countries resi)ec
freely and securely, and without hindra
come with their ships and cargoes to th(
ports, places and rivers, within the d(
aforesaid, to enter into the same, to res<
and reside there, without any limitatior
and possess houses and ware-houses for tl
merce, and generally the merchants an-
shall enjoy the most com{)lete protectio
commerce; but subiect alwnvc o.- ♦. - •
1794] JAY TREATY 253
uce or manufacture of the other, than are or shall be payable
on the importation of the like articles being of the growth, prod-
uce, or manufacture of any other foreign country. Nor shall
any prohibition be imposed on the exportation or importation of
any articles to or from the territories of the two parties respec-
tively, which shall not equally extend to all other nations.
But the British government reserves to itself the right of
imposing on American vessels entering into the British ports in
Europe, a tonnage duty equal to that which shall be payable by
British vessels in the ports of America: And also such duty as
may be adequate to countervail the difference of duty now pay-
able on the importation of European and Asiatic goods, when
imported into the United States in British or in American vessels.
The two parties agree to treat for the more exact equalization
of the duties on the respective navigation of their subjects and
people, in such manner as may be most beneficial to the two
countries. ... In the interval it is agreed, that the United
States will not impose any new or additional tonnage duties on
British vessels, nor increase the now-subsisting difference between
the duties payable on the importation of any articles in British or
in American vessels.
Article XVI.
[Provides for the appointment of consuls.]
Article XVII.
It is agreed, that in all cases where vessels shall be captured or
detained on just suspicion of having on board enemy's property,
or of carrying to the enemy any of the articles w^hich are contra-
band of war; the said vessel shall be brought to the nearest or
most convenient port; and if any property of an enemy should
be found on board such vessel, that part only which belongs to
the enemy shall be made prize, and the vessel shall be at liberty
to proceed with the remainder without any impediment. . . .
Article XVIII.
In order to regulate what is in future to be esteemed contra-
band of war, it is agreed, that under the said denomination shall
n
war; as also limhcr for shipbuilding,
sheets, sails, hemp, and eonhme, and
s;T\e direellv U> the etjuij)nu'ni of \e.-.>'
llr planks only excepted; and all the a
declared to be just objects of confisca
attempted to be carried to an enemy.
And whereas the difficulty of agreeing
which alone provisions and other artich
band may be regarded as such, renders
against the inconveniences and misunde
thence arise : It is further agreed, that wh
so 'becoming contraband, according to the
shall for that reason be seized, the same i
but the owners thereof shall be si)eedily
nified; and the captors, or in their d(
under whose authority they act, shall pay t
of such vessels, the full value of all such
able mercantile profit thereon, together wi
the demurrage incident to such detention.
And whereas it frequendy happens that
or place belonging to an enemy, without 1
is either besieged, blockaded or invested ;
vessel so circumstanced, may be turned a^
place, but she shall not be detained, nor h
band, be confiscated, unless after notice s
4-^ -.— .'
7941 JAY TREATY 255
Article XIX.
And that more abundant care may be taken for the security of
the respective subjects and citizens of the contracting parties,
and to prevent their suffering injuries by the men of war, or pri-
vateers of either party, all commanders of ships of war and
privateers, and all others the said subjects and citizens, shall
forbear doing any damage to those of the other party, or commit-
ting any outrage against them, and if they act to the contrary, they
shall be punished, and shall also be bound in their persons and
estates to make satisfaction and reparation for all damages, and
the interest thereof, of whatever natiure the said damages may
De« • • •
♦ ♦♦«♦♦«♦
Article XXI.
It is likewise agreed, that the subjects and citizens of the two
nations, shall not do any acts of hostility or violence against each
other, nor accept conunissions or instructions so to act from any
foreign prince or state, enemies to the other party; nor shall the
enemies of one of the parties be permitted to invite, or endeavor
to enlist in their military service, any of the subjects or citizens
of the other party; and the laws against all such offences and
aggressions shall be punctually executed. And if any subject or
citizen of the said parties respectively, shall accept any foreign
commission, or letters of marque, for arming any vessel to act as a
privateer against the other party, and be taken by the other party,
it is hereby declared to be lawful for the said party, to treat and
punish the said subject or citizen, having such commission or
letters of marque^ as a pirate.
Article XXII.
It is expressly stipulated, that neither of the said contracting
parties will order or authorize any acts of reprisal against the
other, on compdaints of injuries or damages, until the said party
shall first have presented to the other a statement thereof, veri-
fied by competent proof and evidence, and demanded justice and
256 JAY TREATY [November 19
satisfaction, and the same shall either have been refused or un-
reasonably delayed.
Article XXIII.
The ships of war of each of the contracting parties shall, at all
times, be hospitably received in the ports of the other, their
officers and crews paying due respect to the laws and govern-
ment of the country. . . . And his Majesty consents, that in
case an American vessel should, by stress of weather, danger
from enemies or other misfortune, be reduced to the necessity of
seeking shelter in any of his Majesty's ports, into which such
vessel could not in ordinary cases claim to be admitted, she shall,
on manifesting that necessity to the satisfaction of the govern-
ment of the place, be hospitably received and be permitted to
refit, and to purchase at the market price, such necessaries as she
may stand in need of, conformably to such orders and regulations
as the government of the place, having respect to the circum-
stances of each case, shall prescribe. She shall not be allowed to
break bulk or unload her cargo, unless the same should be bona
fide necessary to her being refitted. Nor shall be permitted to
sell any part of her cargo, unless so much only as may be neces-
sary to defray her expences, and then not without the express
permission of the government of the place. Nor shall she be
obliged to pay any duties whatever, except only on such articles
as she may be permitted to sell for the purpose aforesaid.
Article XXIV.
It shall not be lawful for any foreign privateers (not being sub-
jects or citizens of either of the said parties) who have commis-
sions from any other prince or state in enmity with either nation,
to arm their ships in the ports of either of the said parties, nor to
sell what they have taken, nor in any other manner to exchange the
same ; nor shall they be allowed to purchase more provisions, than
shall be necessary for their going to the nearest port of that prince
or state from whom they obtained their commissions.
Article XXV.
It shall be lawful for the ships of war and privateers belonging
to the said parties respectively, to carry whithersoever they please,
V
I'm] JAY TREATY 257
the sUps and goods taken from their enemies, without being
obliged to pay any fee to the officers of the admiralty, or to any
judges whatever; nor shall the said prizes when they arrive at,
and enter the ports of the said parties, be detained or seized,
neither shall the searchers or other officers of those places visit
such prizes, (except for the purpose of preventing the carrying of
any part of the cargo thereof on shore in any manner contrary to
the established laws of revenue, navigation or commerce) nor
shall such officers take cognizance of the validity of such prizes;
but they shall be at liberty to hoist sail, and depart as speedily as
may be, and carry their said prizes to the place mentioned in
their commissions or patents, which the commanders of the said
ships of war or privateers shall be obliged to show. No shelter
or refuge shall be given in their ports to such as have made a
prize upon the subjects or citizens of either of the said parties;
but if forced by stress ef weather, or the dangers of the sea, to
enter therein, particular care shall be taken to hasten their de-
parture, and to cause them to retire as soon as possible. Noth-
ing in this treaty contained shall, however, be construed or
operate contrary to former and existing public treaties with other
sovereigns or states. But the two parties agree, that while they
continue in amity, neither of them will in future make any treaty
that shall be inconsistent with this or the preceding article.
Neither of the said parties shall permit the ships or goods
belonging to the subjects or citizens of the other, to be taken
within cannon-shot of the coast, nor in any of the bays, ports,
or rivers of their territories, by ships of war, or other^ having
commission from any prince, republic, or state whatever. . . .
Article XXVI.
K at any time a rupture snouldmke place, (which God forbid)
between his Majesty and the United States, the merchants and
others of each of the two nations, residing in the dominions of
the other, shall have the privilege of remaining and continuing
their trade, so long as they behave peaceably, and commit no
offence against the laws ; and in case their conduct should render
them suspected, and the respective governments should think
proper to order them to remove, the term of twelve months fronj
s
258 ALIEN AND SEDITION ACTS [1798
the publica^tion of the order shall be allowed them for that jtur-
pose, to remove with their families, effects and property ; but this
favour shall not be extended to those w^ho shall act contrary to the
established laws; . . . such rupture shall not be deemed to
exist, while negociations for accommodating differences shall be
depending, nor until the respective ambassadors or ministers, if
such there shall be, shall be recalled, or sent home on account
of such differences. . . .
Article XXVII.
[Provides for the extradition of persons charged with murder
or forgery.]
Article XXVIII.
It is agreed, that the first ten articles of this treaty shall be
permanent, and that the subsequent articles, except the twelfth,
shall be limited in their duration to twelve years, to be computed
from the day on which the ratifications of this treaty shall be
exchanged. . . .*
^P ^P "^ ^P ^F ^r ^P ^P
Alien and Sedition Acts
1798
The papers relating to the mission to France, communicated to Congress
April 3, 1798, were printed by order of the Senate April 9. The publication
of the dispatches "solidified opposition to France, and gave both houses to
Federalist control. Leading republican journalists were chiefly foreigners,
and one of the first objects of the Federalists was to muzzle these aliens"
(Johnston). The result of these efforts was the passage of the four acts
following, known collectively as the alien and se<iition acts.
References. — For the texts of the acts, and their legislative history, see
under each act, following. For the proceedings in Congress, see House and
Senate Journals^ 5th Cong. 2d Sess.; for the debates, see the Annals^ 5th
Cong., or Benton's Abridgment^ II. The adverse report of a committee of
the House, Feb. 21, 179Q, on {petitions for the rei)eal of the laws, is in Amer.
State Papers f Miscellaneous, I., 181-184.
> Signed: "GrcnviUe, John Jay." — Ed.
I79«l NATURALIZATION ACT 259
No. 58. Naturalization Act
June x8, 1798
April 19, 1798, Coit of Connecticut introduced in the House a resolution
for the appointment of a committee to consider the expediency of suspending
or amending the existing law regarding naturalization. With the addition of
a clause calling upon the committee " to consider and report upon the expedi-
ei:cy of establishing by law regulations respecting aliens arriving or residing
within the United States/' the resolution was adopted. May 3 the committee
reported three resolutions, the first of which favored a longer term of residence
for aliens before naturalization. The first two resolutions were agreed to by
the House, and referred to a committee, which on May 1 5 brought in a bill to
amend the naturalization law. The bill was taken up on the 21st, discussed
at length, and on the aad passed, after an unsuccessful attempt to incorporate
a provision suspending for a limited time the operation of the act. In the
Senate the bill was referred to a committee of three, which reported an amended
bill Jime 8. The bill as reported was agreed to on the nth, and on the 12th,
after further amendments, passed by a vote of 13 to 8. June 13 the House
agreed to the Senate amendments; on the i8th the act was approved.
References. — Text in U, S. Stat, at Large j I., 566-569. The act was
repealed by the act of April 14, 1802 (Stat, at Large^ II., 153-155).
An Ad supplemeniary to and to amend the act, intUultd ^*An act
to establish an uniform rule of naturalization; and to repeal
the act heretofore passed on that subject.
Section i. Be it enacted . . . , That no alien shall be ad-
mitted to become a citizen of the United States, or of any state,
unless in the manner prescribed by the act, intituled " Anactjo
establish an uniform rule of naturalization ; and to repeal theact
hFretotore passed on that subject," ' he shall have declared his
intention to become a citizen of the United States, five years, at
least, before his admission, and shall, at the time of his applica-
tion to be admitted, declare and prove, to the satisfaction of the
court having jurisdiction in the case, that he has resided within
the United States fourteen years, at least, and within the state or
territory where, or for which such court is at the time held, five
years, at least, besides conforming to the other declarations, re-
nunciations and proofs, by the said act required, any thing therein
to the contrary hereof notwithstanding : Provided, that any alien,
> Act of Jan. 29, 1795 (Stat, at Large, I., 414, 415), repealing act of March
a6, 1790 (SkU, at Large, I., 103, 104). — Ed.
26o NATURALIZATION ACT [June 1 8
who was residing within the limits, and under the jurisdiction of
the United States, before . . . [January 29, 1795,] . . . may,
within one year after the passing of this act — and any alien who
shall have made the declaration of his intention to become a citi-
zen of the United States, in conformity to the provisions of the
act [of Jan. 29, 1795], may, within four years after having made
the declaration aforesaid, be admitted to become a citizen, in the
manner prescribed by the said act, upon his making proof that he
has resided five years, at least, within the limits, and under the
jurisdiction of the United States: And provided also, that no alien,
who shall be a native, citizen, denizen or subject of any nation or
state with whom the United States shall be at war, at the time of
his application, shall be then admitted to become a citizen of the
United States.
^P ^P ^P 4^ ^p 4^ 4^ ^p
Sec. 4. And be it further enacted. That all white persons, aliens,
(accredited foreign ministers, consuls, or agents, their families and
domestics, excepted) who, after the passing of this act, shall con-
tinue to reside, or who shall arrive, or come to reside in any port
or place within the territory of the United States, shall be reported,
if free, and of the age of twenty-one years, by themselves, or
being under the age of twenty-one years, or holden in service,
by their parent, guardian, master or mistress in whose care they
shall be, to the clerk of the district court of the district, if living
within ten miles of the port or place, in which their residence or
arrival shall be, and otherwise, to the collector of such port or
place, or some officer or other person there, or nearest thereto,
who shall be authorized by the President of the United States, to
register aliens: And report, as afore&id, shall be made in all
cases of residence, within six months from and after the passing
of this act, and in all after cases, within forty -eight hours after the
first arrival or coming into the territory of the United States, and
shall ascertain the sex, place of birth, age, nation, place of alle-
giance or citizenship, condition or occupation, and place of actual
or intended residence within the United States, of the alien or
aliens reported, and by whom the report is made. . . . And the
clerk of each district court shall, during one year from the passing
of this act, make monthly returns to the department of State, of
all aliens registered and returned, as aforesaid, in his office.
i;9S] ALIEN ACT 261
Sec. 5. And be it further enacted^ That every alien who shall
continue to reside, or who shall arrive, as aforesaid, of whom a
report is required as aforesaid, who shall refuse or neglect to
make such report, and to receive a certificate thereof, shall forfeit
and pay the sum of two dollars; and any justice of the peace, or
other civil magistrate, who has authority to require surety of the
peace, shall and may, on complaint to him made thereof, cause
such alien to be brought before him, there to give surety of the
peace and good behaviour during his residence within the United
States, or for such term as the justice or other magistrate shall
deem reasonable, and until a report and registry of such alien
shall be made, and a certificate thereof, received as aforesaid;
and in failure of such surety, such alien shall and may be com-
mitted to the common gaol, and shall be there held, until the
order which the justice or magistrate shall and may reasonably
make, in the premises, shall be performed. And every person,
whether alien, or other, having the care of any alien or aliens,
under the age of twenty-one years, or of any white alien holden
in service, who shall refuse and neglect to make report thereof, as
aforesaid, shall forfeit the sum of two dollars, for each and every
such minor or servant, monthly, and every month, until a report
and registry, and a certificate thereof, shall be had, as aforesaid.
• ^^ ^P ^p ^p ^n *^ ^r *^
No. 59. Alien Act
June 25, 1798
April 25, 1798, Senator Hillhouse of Connecticut introduced a resolution
for the appointment of a committee "to consider whether any, and what pro-
visions ought to be made by law, for removing from the territory of the
United States, such aliens borrtj not entitled by the Constitution and laws
thereof to the rights of citizenship, as may be dangerous to its peace and
safety; and providing for returns to be made of all aliens that shall be landed
from any vessel which shall arrive in any of the ports of the United States;
and that permits be granted to such as shall be suffered to reside therein ; and
to report by bill or otherwise." The next day the resolution, with the word
*'bom** stricken out, was adopted. May 4 the committee reported a bill,
which was read a second time May 8, and debated until June i, when it was
recommitted. An amended bill was reported June 4, and passed, with further
262 ALIEN ACT [June 25
amendments, June 8, by a vote of 16 to 7. The bill was taken up in the
House June 18, and passed with amendments on the 21st, by a vote of 46 to
40. On the 22d the Senate concurred in the House amendments; on the
25th the act was approved.
References. — Text in U. S. Stat, at Large, I., 57^-572.
An Act concerning Aliens.
Section i. Be it enacted . . . , That it shall be lawful foJ* the
President of the United States at any time during the continuance
of this act, to order all such aliens as he shall judge dangerous
to the peace and safety of the United States, or shall have reason-
able grounds to suspect are concerned in any treasonable or secret
machinations against the government thereof, to depart out of
the territory of the United States, within such time as shall be
expressed in such order, which order shall be served on such
alien by delivering him a copy thereof, or leaving the same at his
usual abode, and returned to the office of the Secretary of State,
by the marshal or other person to whom the same shall be directed.
And in case any alien, so ordered to depart, shall be found at large
within the United States after the time limited in such order for
his departure, and not having obtained a license from the President
to reside therein, or having obtained sucfi license shall not have
conformed thereto, every such alien shall, on conviction thereof,
be imprisoned for a term not exceeding three years, and shall
never after be admitted to become a citizen of the United States.
Provided always, and he it further enacted, that if any alien so
ordered to depart shall prove to the satisfaction of the President,
by evidence to be taken before such person or persons as the
President shall direct, who are for that purpose hereby authorized
to administer oaths, that no injury or danger to the United States
will arise from suffering such alien to reside therein, the President
may grant a license to such alien to remain within the United
States for such time as he shall judge proper, and at such place
as he may designate. And the President may also require of such
alien to enter into a bond to the United States, in such penal sum
as he may direct, with one or more sufficient sureties to the satis-
faction of the person authorized by the President to take the same,
conditioned for the good behavior of such alien during his residence
in the United States, and not violating his license, which license
the President may revoke, whenever he shall think proper.
1798J ALIEN ENEMIES ACT 263
Sec. 2. And he itfurtlier enacted, That it shall be lawful for the
President of the United States, whenever he may deem it neces-
sary for the public safety, to order to be removed out of the terri-
tory thereof, any alien who may or shall be in prison in pursuance
of this act; and to cause to be arrested and sent out of die United
States such of those aliens as shall have been ordered to depart
therefrom and shall not have obtained a license as aforesaid, in
all cases where, in the opinion of the President, the public safety
requires a speedy removal. And if any alien so removed or sent
out of the United States by the President shall voluntarily return
thereto, unless by permission of the President of the United States,
such alien on conviction thereof, shall be imprisoned so long as,
in the opinion of the President, the public safety may require.
Sec. 3. [Masters of vessels to report aliens brought in, &c.].
^p ^P ^ ^^ ^ ^ ^ ^P
Sec. 5. And he U further enacted. That it shall be lawful for
any alien who may be ordered to be removed from the United
States, by virtue of this act, to take with him such part of his
goods, chattels, or other property, as he may find convenient;
and all property left in the United States by any alien, who may
be removed, as aforesaid, shall be, and remain subject to his order
and disp>osal, in the same manner as if this act had not been
{massed.
Sec. 6. And he it further enacted, That this act shall continue
and be in force for and during the term of two years from the
passing thereof.^
No. 60. Alien Enemies Act
July 6, 1798
A ''bni respecting alien enemies'' was introduced in the House May 18,
1798, considered in Committee of the Whole House on the 2 2d, and the next
day, by a vote of 46 to 44, recommitted. The committee reported an amended
bill June 8; on the same day the "act concerning aliens" was received from
the Senate, and both bills were made the order of the day for June 11. The
alien enemies bill was not reached until the 25th; the next day it passed the
House. On the ayth the Senate referred the bill to the committee having also
* The act was not renewed. — Ed.
264 ALIEN ENEMIES ACT [July 6
in charge the sedition bill; this committee reported an amended bill July 2,
which passed the Senate on the 3d. On the same day the House agreed to
the Senate amendments, and on the 6th the art was approved.
References. — Text in U. S. Stat, at Large, I., 577, 578. Compare
Revised Statutes (cd. 1878), sees. 4067-4070. The text of the bill introduced
May 18 is in the Annals^ 5th Cong., under date of May 32.
An Act respecting Alien Enemies,
Section i. Be it enacted . . . , That whenever there shall be
a declared war between the United States and any foreign nation
or government, or any invasion or predatory incursion shall be
perpetrated, attempted, or threatened against the territory of
the United States, by any foreign nation or government, and the
President of the United States shall make public proclamation
of the event, all natives, citizens, denizens, or subjects of the
hostile nation or government, being males of the age of fourteen
years and upwards, who shall be within the United States, and not
actually naturalized, shall be liable to be apprehended, restrained,
secured and removed, as alien enemies! And the President of
the United States shall be, and he is hereby authorized, in any
event, as aforesaid, by his proclamation thereof, or other public
act, to direct the conduct to be observed, on the part of the United
States, towards the aliens who shall become liable, as aforesaid;
the manner and degree of the restraint to which they shall be
subject, and in what cases, and upon what security their residence
shall be permitted, and to provide for the removal of those, who,
not being permitted to reside within the United States, shall refuse
or neglect to depart therefrom ; and to establish any other regula-
tions which shall be found necessary in the ptemises and for the
public safety: Provided, that aliens resident within the United
States, who shall become liable as enemies, in the manner afore-
said, and who shall not be chargeable with actual hostility, or
other crime against the public safety, shall be allowed, for the
recovery, disposal, and removal of their goods and effects, and for
their departure, the full time which is, or shall be stipulated by
any treaty, where any shall have been between the United States,
and the hostile nation or government, of which they shall be
natives, citizens, denizens or subjects: and when no such treaty
shall have existed, the President of the United State&may ascertain
and declare such reasonable time as may be consistent with the
179*1 SEDITION ACT 265
public safety, and according to the dictates of humanity and
national hospitality. ^VVjuM^i/AX' , aa*4-*-*-^ '^
[Sections 2 and 3 relate teethe duties of courts and marshals
in connection with this act.]
No. 61. Sedition Act
July 14, 1798
June 23, 1798, Senator Lloyd of Maryland gave notice of his intention to
for leave to bring in a bill " to define more particularly the crime of trea-
son, and to define and punish the crime of sedition." When the matter came
up on the 26th, a motion was made to refer the request to a committee ; the
motion was lost, the vote being 4 to 17, and by a vote of 14 to 8 leave was
given to introduce the bill. The next day the bill, by a vote of 15 to 6, was
referred to a committee. Amendments to the bill were refK)rted by the com-
mittee July 2, agreed to on the 3d, and the bill, by a vote of 18 to 5, ordered
to a third reading. On the 4th the bill passed, the vote being 18 to 6. In
the House the following day a motion to reject the bill was defeated, 36 to 47.
July 6 an attempt to refer the bill to a select committee also failed, and a set
of resolutions for the punishment of seditious writers, submitted by Harper of
South Carolina, was referred to the Committee of the Whole House. The
sedition bill was considered July 9; all except the first section of the Senate
bill was stricken out and new sections inserted; on the loth the amended
bill, by vote of 44 to 41, passed the House. On the 12th the Senate con-
curred in the House amendments; on the 14th the act was approved.
References. — Text in £/. 5. Stat, at Large^ I., 596, 597. An abstract of
the Senate bill is in the Annals^ 5th Cong., II., 2093. Harp)er*s resolutions
are in the House Journal, also in the Annals. For prosecutions under the
seditioa act, see Wharton's State Trials, ;i^;i, 659, 684, 688.
An Act in addition to the act, entitled ^^An Act for the punishment
of certain crimes against the United States "
Section i. Be it enacted . . . , That if any persons shall
unlawfully^ combine or conspire together, with intent to oppose
atiylneiSure or measures of the government of the United States,
which are or shall be directed by proper authority, or to impede
the operation of any law of the United States, or to intimidate
or prevent any person holding a place or office in or under the
government of the United States, from undertaking, performing
or executing his trust or duty; and if any person or persons,
266 SEDITION ACT [July 14
with intent as aforesaid, shall counsel, adviise or attempt to procure
any insurrection, riot, unlawful assembly, or combination, whether
such conspiracy, threatening, counsel, advice, or attempt shall
have the proposed efifect or not, he or they shall be deemed guilty
of a high misdemeanor, and on conviction, before any court of
the United States having jurisdiction thereof, shall be punished
by a fine not exceeding five thousand dollars, and by imprisonment
during a term not less than six months nor exceeding five years;
and further, at the discretion of the court may be holden to find
sureties for his good behaviour in such sum, and for such time,
as the said court may direct.
Sec. 2. And be it further enacted, That if any person shall
write, print, utter or publish, or shall cause or procure to be
written, printed, uttered or published, or shall knowingly and
willingly assist or aid in writing, printing, uttering or publishing
any false, scandalous and malicious writing or writings against the
government of the United States, or either house of the Congress
of the United States, or the President of the United States, with
intent to defame the said government, or either house of the said
Congress, or the said President, or to bring them, or either of
them, into contempt or disrepute; or to excite against them, or
either or any of them, the hatred of the good people of the United
States, or to stir up sedition within the United States, or to excite
any unlawful combinations therein, for opposing or resisting any
law of the United States, or any act of the President of the United
States, done in pursuance of any such law, or of the powers in
him vested by the constitution of the United States, or to resist,
oppose, or defeat any such law or act, or to aid, encourage or
abet any hostile designs of any foreign nation against the United
States, their people or government, then such person, being
thereof convicted before any court of the United States having
jurisdiction thereof, shall be punished by a fine not exceeding
two thousand dollars, and by imprisonment not exceeding two
years.
Sec. 3. And be it further enacted and declared. That if any
person shall be prosecuted under this act, for the writing or pub-
lishing any libel aforesaid, it shall be lawful for the defendant,
upon the trial of the cause, to give in evidence in his defence, the
truth of the matter contained in the publication charged as a libel.
I
1798] KENTUCKY AND VIRGINIA RESOLUTIONS 267
And the jury who shall try the cause, shall have a right to deter-
mine the law and the fact, under the direction of the court, as in
other cases.
Sec. 4. And be U further enacted, That this act shall continue
and be in force until . . . [March 3, 1 801] . . . , and no longer : *
ProTndedy that the expiration of the act shall not prevent or defeat
a prosecution and punishment of any offence against the law,
during the time it shall be in force.
Kentucky and Virginia Resolutions
1798, 1799
The Virginia resolutions of 1 798 and the Kentucky resolutions of 1 798
and 1 799 were outcome^ of the discussion over the alien and sedition laws.
The legislature of Kentucky met Nov. 7, 1798, and on the following day
John Breckinridge introduced in the House a set of lesolutions, the original
draft of which had been prepared by Jefferson. The resolutions, with
amendments, were adopted by the House on the loth; on the 13th the
Senate concurred, and on the i6th the resolutions received the approval of
the governor. A set of resolutions prepared by Madison, then a member
of the Virginia legislature, was presented in that body Dec. 13, 1798, by
John Taylor. The resolutions were debated until the 21st, when, by a vote
cji 100 to 63, they were adopted; on the 24ih they passed the Senate, the
vote being 14 to 3, and were approved by the governor. Copies of each
set of resolutions were transmitted to the governors of the various States to
be laid before the legislatures. Replies were made by the legislatures of
New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New
York, and Delaware, and in each case were " decidedly unfavorable." In
1 799 Kentucky reaffirmed iis adherence to the doctrine of the resolutions
of 1798, and added another resolution. In Virginia the replies of the State
legislatures were referred to a committee, of which Madison was chairman,
which made an elaborate report Jan. 7, 1800.
References. — For the texts ^ see under each set of resolutions, follow-
ing. The answers of the State legislatures are in Elliot's Debates (ed. 1836),
IV., 558-565, where are also Madison's report of 1800, and extracts from
an "address to the people" accompanjdng the Virginia resolutions. Madi-
son's report is also in his Writings (ed. 1865), IV., 515-555; see also vari-
ous letters of Madison, ib. II., 1 51-156; IV., 95-1 11. Warfield's Kentucky
ResoliUians of 1 798 is of special importance ; cf. review in Nation, XLV.,
528, 529, and correspondence in i6., XLIV., 382-384, 467, 468.
* The act was not renewed. — Ed.
yy>\>\ •»! UK- original in the Massa(-hiisctt< ar
incnts at tlic cn<l arc- oinittfd, Jt rurson's dr;
IX., \(^ 471.
5j^ *fC ^ 5j* 5fC
I. Resolved y that the several States coi
of America, are not united on the print
sion to their general government; but 1
st>'le and title of a Constitution for the Ur
ments thereto, they constituted a generi
purposes, delegated to that government
reserving each State to itself, the residue
own self-government; and that whenso
ment assumes undelegated powers, its ;
void, and of no force: That to this con
as a State, and is an integral party, its
itself, the other party : That the govemn:
pact was not made the^xclusive olr fma
the powers delegated to itself; since th;
discretion, and not the Constitution, the
but_that as jn all^other cases of compact j
comnion Judge, each party has an equal
as well of infractions as of the mode an
II. Resolved, that the constidifibn of t
delegated to Congress a power to punisl
the securities and current coin of the Un
felonies committed on the high seas, and •
179^1 KENTUCKY RESOLUTIONS 269
(and all other their acts which assume to create, define, or punish
crimes other than those enumerated in the Constitution), are
altogether void and of no force, and that the power to create,
define, and punish such other crimes is reserved, and of right
appertains solely and exclusively to the respective States, each
within its own Territory.
III. Resolved, that it is true as a general principle, and is also
expressly declared by one of the amendments to the Constitution
that "the powers not delegated to the United States by the Con-
stitution, nor prohibited by it to the States, are reserved to the
States respectively or to the people;" and that no power over
the freedom of religion, freedom of speech, or freedom of the
press being delegated to the United States by the Constitution,
nor prohibited by it to the States, all lawful powers respecting the
same did of right remain, and were reserved to the States, or to
the people: That thus was manifested their determination to
retain to themselves the right of judging how far the licentious-
ness of speech and of the press may be abridged without lessening
their useful freedom, and how far those abuses which cannot be
separated from then* use should be tolerated rather than the use
be destroyed; and thus also they guarded against all abridgment
by the United States of the freedom of religious opinions and
exercises, and retained to themselves the right of protecting the
same, as this State, by a law passed on the general demand of its
citizens, had already protected them from all human restraint or
interference: And that in addition to this general principle and
express declaration, another and more special provision has been
made by one of the amendments to the Constitution which
expressly declares, that "Congress shall make no law respecting
an establishment of religion, or prohibiting the free exercise
thereof y or abridging the freedom of speech, or of the press,"
thereby guarding in the same sentence, and under the same
words, the freedom of religion, of speech, and of the press, inso-
much, that whatever violates either, throws down the sanctuary
which covers the others, and that libels, falsehoods, defamation
equally with heresy and false religion, are withheld from the cog-
nizance of Federal tribunals. That therefore . . . [the Sedition
Act] . . . , which does abridge the freedom of the press, is not
law, but is altogether void and of no effect.
270 KENTUCKY RESOLUTIONS [November 16
IV. Resolved, that alien friends are under the jurisdiction and
protection of the laws of the State wherein they are; that no
power over them has been delegated to the United States, nor
prohibited to the individual States distinct from their power over
citizens; and it being true as a general principle, and one of the
amendments to the Constitution having also declared that ''the
powers not delegated to the United States by the Constitution,
nor prohibited* by it to the States, are reserved to the States re-
spectively, or to the people," the . . . [Alien Act of June 22, 1798]
. . . , which assumes power over alien friends not delegated by
the Constitution, is not law, but is altogether void and of no force.
V. Resolved, that in addition to the general principle as well
as the express declaration, that powers not delegated are resented,
another and more special provision inserted in the Constitution
from abundant caution has declared, ''that the migration or im-
portation of such persons as any of the States now existing shall
think proper to admit, shall not be prohibited by the Congress
prior to the year 1808." That this Commonwealth does admit
the migration of alien friends described as the subject of the said
act concerning aliens; that a provision against prohibiting their
migration is a provision against all acts equivalent thereto, or it
would be nugatory; that to remove them when migrated is equiva-
lent to a prohibition of their migration, and is therefore contrary
to the said provision of the Constitution, and void.
VI. Resolved, that the imprisonment of a person under the pro-
tection of the laws of this Commonwealth on his failure to obey
the simple order of the President to depart out of the United
States, as is undertaken by the said act entitled "An act concern-
ing aliens," is contrary to the Constitution, one amendment to
which has provided, that "no person shall be deprived of liberty
without due process of law," and that another having provided
"that in all criminal prosecutions, the accused shall enjoy the
right to a public trial by an impartial jury, to be informed of the
nature and cause of the accusation, to be confronted with the wit-
nesses against him, to have compulsory process for obtaining
witnesses in his favour, and to have the assistance of counsel for
his defense," the same act undertaking to authorize the President
to remove a person out of the United States who is under the
protection of the law, on his own suspicion, without accusation,
I
1798] KENTUCKY RESOLUTIONS 27 1
Without jury, without public trial, without confrontation of the
witnesses against him, without having witnesses in his favour,
without defense, without counsel, is contrary to these provisions
also of the Constitution, is therefore not law, but utterly void and
of no force. .That transferring the power of judging any person
who is under the protection of the laws, from the courts to the
President of the United States, as is undertaken by the same act
concerning aliens, is against the article of the Constitution which
provides, that "the judicial power of the United States shall be
vested in courts, the judges of which shall hold their offices during
good behavior," and that the said act is void for that reason also;
and it is further to be noted, that this transfer of judiciary power
is to that magistrate of the general government who already pos-
sesses all the executive, and a qualified negative in all the legis-
lative powers.
VII. Resolved, that the construction applied by the general
government (as is evinced by sundry of their proceedings) to
those parts of the Constitution of the United States which dele-
gate to Congress a power to lay and collect taxes, duties, imposts,
and excises; to pay the debts, and provide for the common
defense, and general welfare of the United States, and to make
all laws which shall be necessary and proper for carrying into exe-
cution the powers vested by the Constitution in the government
of the United States, or any department thereof, goes to the
destruction of all the limits prescribed to their power by the Con-
stitution : That words meant by that instrument to be subsiduary
only to the execution of the limited powers ought not to be so
construed as themselves to give unlimited powers, nor a part so
to be taken as to destroy the whole residue of the instrument:
That the proceedings of the general government under color of
these articles will be a fit and necessary subject for revisal and
correction at a time of greater tranquillity, while those specified
in the preceding resolutions call for immediate redress.
Vni. Resolved, that the preceding Resolutions be transmitted
to the Senators and Representatives in Congress from this Com-
monwealth, who are hereby enjoined to present the same to their
respective Houses, and to use their best endeavors to procure, at
the next session of Congress, a repeal of the aforesaid unconstitu-
tional and obnoxious acts.
.--,..*x .., t" t^^. lIlCIKliy to lIlC ])Cl\
prosperity of all ihcStatr.N: that faithful to ih:
ini^ to the plain intent and meanini^ in whiih
and acceded to by the >e\eral |)arties, it is sin
its preservation: that it does also believe, that
States all the powers of self-government, and t
general and consolidated government, withoi
special delegations and reservations solemnly .
compact, is not for the peace, happiness, or p
States: And that, therefore, this Commonweal
as it doubts not its co-States are, tamely to subn
and consequently unlimited powers in no iSan o;
&rth: thatTflEe acts before specified should sta
sions wouTTflow^from them; that the general
place any act they think proper on theTist of crir
themselves, whether enumerated or not enumerc
stitution as cognizable by them: that they may
nizance to the President or any other person, wh(
the accuser, counsel, judge, and jury, whose su
the evidence, his order the sentence, his officer
and his breast the sole record of the transactic
numerous and valuable description of the in ha
States being by this precedent reduced as outlaw
dominion of one man, and the barrier of the C
swept away from us all, no rampart now remains
sions and the powers of a majority of Concrress. t
i:i-_
1798] KENTUCKY RESOLUTIONS 273
been selected as the safest subject of a first experiment, but the
citizen will soon follow, or rather has already followed: for,
already has a sedition act marked him as its prey: that these
and successive acts of the same character, unless arrested on the
threshold, may tend to drive these States into revolution and
blood, and will furnish new calumnies against Republican govern-
ments, and new pretexts for those who wish it to be believed, that
man cannot be governed but by a rod of iron : that it would be a
dangerous delusion were a confidence in the men of our choice to
silence our fears for the safety of our rights: that confidence is
everywhere the parent of despotism : free government is founded
in jealousy and not in confidence; it Is jealousy and not confi-
Jence which pr^cTfbcS Timrted" CcJfistitutions to bind down those
whom'we are obliged to trust with power: that our Constitution
KSsacCDl'diiigly fixed the limits to which and no further our con-
fidence may go; and let the honest advocate of confidence read
the alien and sedition acts, and say if the Constitution has not
been wise in fixing limits to the government it created, and
whether we should be wise in destroying those limits; let him say
what the government is if it be not a tyranny, which the men of
our choice have conferred on the President, and the President of
our choice has assented to and accepted over the friendly stran-
gers, to whom the mild spirit of our country and its laws had
pledged hospitality and protection: that the men of our choice
have more respected the bare suspicions of the President than the
solid rights of innocence, the claims of justification, the sacred
force of truth, and the forms and substance of law and justice.
In questions of power then let no more be heard of confidence in
man, but bind him down from mischief by the claims of the Con-
stitution. That this Commonwealth does therefore call on its
co-States for an expression of their sentiments on the acts con-
cerning aliens, and for the punishment of certain crimes herein
before specified, plainly declaring whether these acts are or are
not authorized by the Federal Compact. And it doubts not that
their sense will be so announced as to prove their attachment
unaltered to limited government, whether general or particular
and that the rights and liberties of their co-States will be exposed
to no dangers by remaining embarked on a common bottom with
their own: That they will concur with this Commonwealth in
p)vernment with a jjowct :i<^iimt'<l lo hind i
ill tasfs in.L'lr I'\'<lt'nil) l>ut iii ;ill i\i-r^ v. h il
not with llu'ir rrtiisriit, l»'it 1>\' (ithrr-> ;i'_;,ii'i~
tills would 1)0 t(^)_surrt'iulor the form of ^(»vorn
and to live under one derivThg its powers fr
not from our authority ; and that the co-St;i
natural right in cases not made Federal, wil
these acts void and of no force, and will c
Commonwealth in requesting their repeal a
Congress.
No. 63. Virginia Resc
December 24, 1798
References. — Text in Madison's Writings (cc
certified as a true copy of the original on file in the \
Resolved. That the General Assemblv of Vir
cally express a firm resolution to maintain a
stitution of the United States, and the Consti
against every aggression either foreign or (
they will support the Government of the I
measures warranted by the former.
That this Assembly most solemnly declares
to th#* TTnmn <^f 41**% C*^*-.- *- - • • *
1798] VIRGINIA RESOLUTIONS 275
the plain sense and intention of the instrument constituting that
compact; as no further valid than they are authorized by the
grants enumerated in that compact ; and that, in case of a deliber-
ate, palpable, and dangerous exercise of other powers not granted
by the said compact, the States, who are parties thereto^ have the
right and are in duty bound to inlerpQg*^ fnr arresting theprogress
6t tne evil, and tor maintaining within thpiV rpgpprtiv** limits tht^
authorities^ rights, and liberties appertainingjg. them .
That the General Assembly doth also express its deep regret,
that a spirit has in sundry instances been manifested by the
Federal Government to enlarge its powers by forced construc-
tions of the constitutional charter which defines them; and that
indications have appeared of a design to expound certain gen-
eral phrases (which, having been copied from the very limited
grant of powers in the former Articles of Confederation, were the
less liable to be misconstrued) so as to destroy the meaning and
effect of the particular enumeration which necessarily explains
and limits the general phrases; and so as to consolidate the
States, by degrees, into one sovereignty, the obvious tendency
and inevitable consequence of which would be to transform the
present republican system of the United States into an absolute,
or, at best, a mixed monarchy.
That the General Assembly doth particularly protest against
the palpable and alarming infractions of the Constitution in the
two late cases of the ''Alien and Sedition Acts," passed at the
last session of Congress; the* first of which exercises a power
nowhere delegated to the Federal Government, and which, by
uniting legislative and judicial powers to those of [the] executive,
subvert the general principles of free government, as well as the
particular organization and positive provisions of the Federal Con-
stitution: and the other of which acts exercises, in like manner,
a power not delegated by the Constitution, but, on the contrar)',
expressly and positively forbidden by one of the amendments
thereto, — a power which, more than any other, ought to produce
universal alarm, because it is levelled against the right of freely
examining public characters and measures, and of free communi-
cation among the people thereon, which has ever been justly
deemed the only effectual guardian of every other right.
That this State having by its Convention which ratified the
276 KENTUCKY RESOLUTIONS [November 2a
Federal Constitution expressly declared that, among other essen-
tial rights, "the liberty of conscience and of the press cannot be
cancelled, abridged, restrained or modified by any authority of
the United States," and from its extreme anxiety to guard these
rights from every possible attack of sophistry or ambition, having,
with other States, recommended an amendment for that purpose,
which amendment was in due time annexed to the Constitution,
— it would mark a reproachful inconsistency and criminal degen-
eracy, if an indifference were now shown to the palpable violation
. of one of the rights thus declared and secured, and to the estab-
lishment of a precedent which may be fatal to the other.
That the good people of this Commonwealth, having ever felt
and continuing to feel the most sincere affection for their brethren
of the other States, the truest anxiety for establishing and per-
petuating the union of all and the most scrupulous fidelity to that
Constitution, which is the pledge of mutual friendship, and the in-
strument of mutual happiness, the General Assembly doth solemnly
appeal to the like dispositions of the other States, in confidence
that they will concur with this Commonwealth in declaring, as it
does hereby declare, that the acts aforesaid are unconstitutional;
and that the necessary and prop)er measures will be taken by each
for co-operating with this State, in maintaining unimpaired the
authorities, rights, and liberties reserved to the States respectively,
or to the people.
No. 64. Kentucky Resolutions
November aa, 1799
References. — Text in Elliot's Debates (ed. 1836), IV., 570-572. Coi>
rections of a number of obvious typographical errors are enclosed in square
brackets. The formal endorsements at the end are omitted.
The representatives of the good people of this Commonwealth,
in General Assembly convened, having maturely considered the
answers of sundry States in the Union, to their resolutions passed
1799] KENTUCKY RESOLUTIONS 277
the ]ast session, respecting certain unconstitutional laws of Con-
gress, commonly called the Alien and Sedition Laws, would be
faithless, indeed, to themselves and to those they represent, were
they silently to acquiesce in the principles and doctrines attempted
to be maintained in all those answers, that of Virginia only excepted.
To again enter the field of argument, and attempt more fully
or forcibly to expose the unconstitutionality of those obnoxious
laws, would, it is apprehended, be as unnecessary as unavailing.
We cannot, however, but lament, that, in the discussion of those
intetesting subjects, by sundry of the Legislatures of our sister
States, unfounded suggestions, and uncandid insinuations, deroga-
tory to the true character and principles of this Commonwealth
has been substituted in place of fair reasoning and sound argu-
ment. Our opinions of these alarming measures of the General
Government, together with our reasons for those opinions, were
detailed with decency, and with temper, and submitted to the dis-
cussion and judgment of our fellow-citizens throughout the Union.
WTiether the like decency and temper have been observed in the
answers of most of those States, who have denied or attempted
to obviate the great truths contained in those resolutions, we have
now only to submit to a candid world. Faithful to the true prin-
ciples of the federal Union, Unconscious of any designs to disturb
the harmony of that Union, and anxious -only to escape the fangs
of despotism, the good people of this Commonwealth are regard-
less of censure or calumniation. Least [Lest], however, the silence
of this Commonwealth should be construed into an acquiescence
in the doctrines and principles advanced and attempted to be
maintained by the said answers, or at least those of our fellow-
citizens throughout the Union who so widely differ from us on
those important subjects, should be deluded by the expectation,
that we shall be deterred from what we conceive our duty, or shrink
from the principles contained in those resolutions — therefore,
Resolved, That this Commonwealth considers the Federal Union,
up)on the terms and for the purposes specified in the late compact,
conducive to the liberty and happiness of the several States : That
it does now unequivocally declare its attachment to the Union,
and to that compact, agreeably to its obvious and real intention,
and will be among the last to seek its dissolution : That if those
who administer the General Government be permitted to trans-
the exclusive jinli^'c of [hv cMcni of ilu' j
sloj) nolliiiiL,^ [^hori| of despotism ^iiuc
wlio ;L(lmini-l(.'r ihc ^ovcminrni, an<l iiol t
be the measure of their powers: Tiiiit t
formed that instrument being sovereign a
the unquestionable right to judge of the in
Nullification by those sovereignties, of all \
under color of th<U instrument is the right/
Commonwealth does, under the most delil:
declare, that the said Alien and Sedition Law
palpable violations of the said Constitution ;
fully it may be disposed to surrender its c
of its sister states, in matters of ordinary or
In no [omit] momentous regulations like t
vitally wound the best rights of the citizen,
silent acquiescence as highly criminal: Tha
monwealth, as a party to the federal comp
laws of the Union, yet, it does, at the same |
will not now, or ever hereafter, cease to oi)|k)
manner, every attempt at what quarter soev
that compact. And, finally, in order that no
may be drawn from a sup|)osed ac(juiescenc<
Commonwealth in the constitutionality of
thereby used as precedents for similar futi
Federal compact — this Commonwealth doc
them ite sn1pm« i>j>n^i?c"^
*-^
I799J LOUISIANA PURCHASE 279
No. 65. Treaty with France for the Cession
of Louisiana
April 30, 1803
The region known as Louisiana belonged to France until 1762, when it was
ceded to Spain. By the treaty of Paris in 1763, a portion of Louisiana east of
the Mississippi was ceded to Great Britain, and in 1783 the eastern bank of
the Mississippi as far south as the 31st parallel passed into the control of the
I'nited States. By the third article of the secret treaty of San Udefonso, Oct.
I, 1800, Spain agreed to cede Louisiana to France. October 16, 1802, the
Spanish intendant of Louisiana by proclamation forbade citizens of the United
States the further use of New Orleans "as a place of deposit for merchandise,
and free transit for our ships down the river to the sea." An appropriation of
$2,cxx>,ooo was made by Congress for the purchase of New Orleans. January
I I, 1803, Jefferson nominated Monroe as minister extraordinary to co-operate
with Livingston, the minister to France, in negotiations for "a treaty or ccm-
ventioD with the First Consul of France, for the purpose of enlarging, and
more effectually securing, our rights and interests in the river Mississippi, and
in the territories eastward thereof." The outcome pf the negotiations was the
puTx:hase of Louisiana by the United States. A treaty and two conventions,
dated April 30, 1803, were signed early in May. A special session of Con-
gress was called for Oct. 17; on the 20th the Senate, by a vote of 24 to 7,
ratified the treaty. The House declared in favor of the treaty on the 25th,
by a vote of 90 to 25.
References. — English and French text in U. S. Stat, at Large , VIII.,
200-206. The message of Jan. 11, 1803, is in Amer. State Papers^ Foreign
Relations, 11., 475 ; for the two conventions and diplomatic correspondence,
ib.f n., 508-583, or Annals, 7th Cong., 2d Sess., 1007-1210. The discus-
sions in the House may be followed in the Annals, or in Benton's Abridgmeni,
II. The best account of events is in Henry Adams's United States, I., chaps.
13-17, n., chaps. 1-6. See also Jefferson's Works (ed. 1854), IV., 431-434,
456-459, 498-501, and further correspondence in V., VII., and VIII.
Article I. Whereas, by the article the third of the treaty
concluded at St. Idelfonso, the 9th Ven^^miaire, an. 9 (ist
October, 1800) between the First Consul of the French Republic
and his Catholic Majesty, it was agreed as follows: ''His
Catholic Majesty promises and engages on his part, to cede to
the French Republic, six months after the full and entire execu-
tion of the conditions and stipulations herein relative to his
royal highness the duke of Parma, the colony or province of
Louisiana, with the same extent that it now has in the hands of
28o , LOUISIANA PURCHASE [April 30
Spain, and that it had when France possessed it; and such as
it should be after the treaties subsequently entered into between
Spain and other states." And whereas, in pursuance of the
treaty, and particularly of the third article, the French Re-
public has an incontestible title to the domain and to the posses-
sion of the said territory: The First Consul of the French
Republic desiring to give to the United States a strong proof of
his friendship, doth hereby cede to the said United States, in the
name of the French Republic, forever and in full sovereignty, the
said territory with all its rights and appurtenances, as fully and
in the same manner as they have been acquired by the French
Republic, in virtue of the above-mentioned treaty, concluded with
his Catholic Majesty.
Art. II. In the cession made by the preceding article are
included the adjacent islands belonging to Louisiana, all public
lots and squares, vacant lands, and all public buildings, fortifi-
cations, barracks, and other edifices which are not private prop-
erty. — The archives, papers, and documents, relative to the
domain and sovereignty of Louisiana, and its dependencies, will
be left in the possession of the commissaries of the United States,
and copies will be afterwards given in due form to the magis-
trates and municipal officers, of such of the said papers and
documents as may be necessary to them.
Art. in. The inhabitants of the ceded territory shall be in-
corporated in the Union of the United States, and admitted as
soon as possible, according to the principles of the Federal con-
stitution, to the enjoyment of all the rights, advantages and im-
mimities of citizens of the United States; and in the mean time
they shall be maintained and protected in the free enjoyment of
their liberty, property, and the religion which they profess.
Art. V. Immediately after the ratification of the present
treaty by the President of the United States, and in case that
of the First Consul shall have been previously obtained, the
commissary of the French Republic shall remit all the military
posts of New Orleans, and other parts of the ceded territory, to
the commissary or commissaries named by the President to take
possession ; the troops, whether of France or Spain, who may be
there, shall cease to occupy any military post from the time of
j8o3] LOUISIANA PURCHASE 281
taking possession, and shall be embarked as soon as possible,
in the course of three months after the ratification of this
treaty.
Art. VI. The United States promise to execute such treaties
and articles as may have been agreed between Spain and the tribes
and nations of Indians, until, by mutual consent of the United
States and the said tribes or nations, other suitable articles shall
have been agreed upon.
Art. VII. As it is reciprocally advantageous to the commerce
of France and the United States to encourage the communication
of both nations for a limited time in the country ceded by the
present treaty, until general arrangements relative to the com-
merce of both nations may be agreed on ; it has been agreed be-
tween the contracting parties, that the French ships coming
directly from France or any of her colonies, loaded only with the
produce and manufactures of France or her said colonies ; and the
ships of Spain coming directly from Spain or any of her colonies,
loaded only with the produce or manufactures of Spain or her
colonies, shall be admitted during the space of twelve years in the
ports of New Orleans, and in all other legal ports of entry within
the ceded territory, in the same manner as the ships of the United
States cominjf. directly from France or Spain, or any of their
colonies, witlrout being subject to any other or greater duty on
merchandize, or other or greater tonnage than that paid by the
citizens of the United States.
During the space of time above mentioned, no other nation
shall have a right to the same privileges in the ports of the ceded
territory: ... it is however well understood that the object of the
above article is to favor the manufactures, commerce, freight and
navigation of France and of Spain, so far as relates to the importa-
tions that the French and Spanish shall make into the said ports of
the United States, without in any sort affecting the regulations that
the United States may make concerning the exportation of the
produce and merchandize of the United States, or any right they
may have to m^ke such regulations.
Art. VIII. In future and forever after the expiration of the
twelve years, the ships of France shall be treated upon the footing
of the most favored nations in the ports above mentioned.
Art. DC The particular convention signed this day by the
.. ..^ x.*iiiiv*i III me same lorni
so that the (Hie shall not he ratifiecl distil
Another particular convenlion - -ii^ned
present treaty n'lative to a delinitive rule
parties Ls in the like manner approved, ai
same form, and in the same time, and join
4e 9|E 9|E :|e 4:
No. 66. Em barge
December aa, 1807
The provisions in the treaty of 1794 with Great
commerce expired by limitation in 1806. April 18
act prohibiting the importation of certain articles f
colonks after Nov. 15; but Dec. 19 the act was sus
Great Britain also refused to give up her asserted
on Oct. 16, 1807, a proclamation was issued "for
British seamen from serving foreign Princes and ^
Dec. z8, 1807, transmitting a copy of this proclam
attention of Congress to "the advantages which ]
inhibition of the departure of our vessels from the p
A bill for an embargo was at once introduced in tl
body the same day, by a vote of 22 to 6. On the
ments passed the House, by a vote of 82 to 44; or
were concurred in by the 5>enate, and the act was a
a a, 1808, authorized the President to suspend the
<rf peace or suan^n«ir»*i «r u _-«•'•••
i8o7] EMBARGO ACT ^83
American seamen, ib,, 36-79; and message of Dec. 28, 1808, transmitting
orders and decrees of belligerent powers affecting neutral commerce since
1791, ib.f 363-294. For the various supplementary acts of Jan. 9, March is,
April 33, and April 35, 1808, and Jan. 9, 1809, see U. S. Stat, at Large^ II.,
453, 454, 473-475* 490» 499-50^. 506-511; for judicial decisions under the
acts, ib,, 451, 452. On the effect of the embargo, see Gallatin's annual report,
Dec. 16, 1808, in Amer, State Papers^ Finance^ II., 307-309. Carey's Olive
Branch (ed. 1815) collects numerous documents for this period. The best
general account is in Adams's United States, IV.
An ACT laying an Embargo on all ships and vessels in the ports
and harbors of the UnUed Stales,
Be it enacted . . . , That an embargo be, and hereby is laid on
all ships and vessels in the ports and places within the limits or
jurisdiction of the United States, cleared or not cleared, bound to
any foreign port or place; and that no clearance be furnished to
any ship or vessel bound to such foreign port or place, except
vessels under the immediate direction of the President of the
United States: and that the President be authorized to give such
instructions to the officers of the revenue, and of the navy and
revenue cutters of the United States, as shall appear best adapted
lor carrying the same into full effect: Provided^ that nothing
herein contained shall be construed to prevent the departure of
any foreign ship or vessel, either in ballast, or with the goods,
wares and merchandise on board of such foreign ship or vessel,
when notified of this act.
Sec. 2. And be U further enacted, That during the continuance
of this act, no registered, or sea letter vessel, having on board
goods, wares and merchandise, shall be allowed to depart from
one port of the United States to any other within the same, unless
the master, owner, consignee or factor of such vessel shall first
give bond, with one or more sureties to the collector of the district
from which she is bound to depart, in a sum of double the value
of the vessel and cargo, that the said goods, wares, or merchandise
shall be relanded in some port of the United States, dangers of
the seas excepted, which bond, and also a certificate from the
collector where the same may be relanded, shall by the collector
respectively be transmitted to the Secretary of the Treasury. All
armed vessels possessing public commissions from any foreign
power, are not to be considered as liable to the embargo laid by
this act
successful attempts to secure the repeal of the embargo .
ruinous etTect on American coniniercc, the em!>argo \va
fa\()r, exc('j)t in New I'.nglaml. In I*'cl»ruarv, iSog, h<)\
of J. C^. Adams rrgardini; the <Iari^cTou> (ondilicn of pi
England led the Republican leaders to modify their polic;
B. Giles of Virginia submitted in the Senate a resolution
embargo after March 4, except as to Great Britain and
hibit commercial intercourse with those nations. Febn
22 to 9, the resolution was agreed to, after an unsucces
Bayard, to strike out the non-intercourse dause. A bit
the resolution was introduced on the i6th, and on the 21
by a vote of 21 to 12. A bill to the same effect had be
House Feb. 11, and was still under discussion; on the :
laid on the table, and the House took up the Senate bil
passing it with amendments, on the 27th, by a vote of
day the Senate agreed to the House amendments, and ]
approved.
References. — Text in U, S. Stat, at Large, II., 528
ings of Congress are in the Journals^ loth Cong., 2d Sess.
including debates on the embargo and its enforcement, an
aggressions, see the Annals^ or Benton's Abridgment, I>
sions under the non-intercourse acts is in {/. 5. Stat, at 1
I
An ACT to interdict the commercial intercourse I
States and Great Britain and France, and t)
and for other purposes.
Be it enacted . . . , That from and after th
act, the entrance of the harbors and waters of t
nnH nf thp tpiTitories thereof, be. and the sam
i8o9l NON-INTERCOURSE ACT 285
dent of the United States, or such other person as he shall have
empowered for that purpose, to employ such part of the land and
naval forces, or of the militia of the United States, or the territories
thereof, as he shall deem necessary, to compel such ship or vessel
to depart.
Sec. 2. And be it further enacted, That it shall not be lawful
for any citizen or citizens of the United States or the territories
thereof, nor for any person or persons residing or being in the
same, to have any intercourse with, or to afiford any aid or supplies
to any public ship or vessel as aforesaid, which shall, contrary to
the provisions of this act, have entered any harbor or waters
\;vithin the jurisdiction of the United . States or the territories
thereof; and if any person shall, contrary to the provisions of
this act, have any intercourse with such ship or vessel, or shall
afford any aid to such ship or vessel, either in repairing the said
vessel or in furnishing her, her officers and crew with supplies of
any kind or in any manner whatever, or if any pilot or other per-
son shall assist in navigating or piloting such ship or vessel, unless
it be for the purpose of carrying her beyond the limits and juris-
diction of the United States, every person so offending, shall for-
feit and pay a sum not less than one hundred dollars, nor exceeding
ten thousand dollars ; and shall also be imprisoned for a term not
less than one month, nor more than one year.
Sec. 3. And be it further enacted. That from and after the
twentieth day of May next, the entrance of the harbors and waters
of the United States and the territories thereof be, and the same
is hereby interdicted to all ships or vessels sailing under the flag
of Great Britain or France, or owned in whole or in part by any
citizen or subject of either; vessels hired, chartered or employed
by the government of either country, for the sole purpose of car-
rying letters or despatches, and also vessels forced in by distress
or by the dangers of the sea, only excepted. And if any ship or
vessel sailing under the flag of Great Britain or France, or owned
in whole or in part by any citizen or subject of either, and not
excepted as aforesaid, shall after the said twentieth day of May
next, arrive either with or without a cargo, within the limits of the
Um'ted States or of the territories thereof, such ship or vessel, to-
gether with the cargo, if any, which may be found on board, shall
be forfeited, and may be seized and condemned in any court of
.. ..^^T llV.Xl, It .^llllli iH'l IK'
»
the Ignited Slate> or the lerril(»rie> thereof
merchandise w luilever, from any |)ort or |)
Britain or Irehind, or in anv of the eoloni
Great Britain, nor from any port or place
in any of her colonies or dependencies, nor f
in the actual possession of either Great Bri
shall it be lawful to import into the Unites
tories thereof, from any foreign port or
goods, wares or merchandise whatever, I
produce or manufacture of France, or of
or dependencies, or being of the growth, pre
of Great Britain or Ireland, or of any of th
encies of Great Britain, or being of the grow
facture of any place or country in the actua
France or Great Britain: Provided, that
tained shall be construed to afifect the cargo
wholly owned by a citizen or citizens of the
had cleared for any port beyond the Cape «
to . . . [December 22, 1807,] ... or whi(
such port by permission of the President, ui
mentary to the act laying an embargo on all
the ports and harbors of the United States.
3ie * ♦ ♦ ♦ 4
Sec. II. And he U further enacted. That
United States be, and he hereby is authoi
i8o9l NON-INTERCOURSE ACT 287
[Embargo Act] . . . and of the several acts supplementary thereto,
as forbids the departure of vessels owned by citizens of the United
States, and the exportation of domestic and foreign merchandise
to any foreign port or place, be and the same is hereby repealed,
after . . . [March 15, 1809,] . . . except so far as they relate to
Great Britain or France, or their colonies or dependencies, or
places in the actual possession of either. . . .
Sec. 13. And be it further enacted^ That during the continu-
ance of so much of the ... [Embargo Act], . . . and of the
several acts supplementary thereto, as is not repealed by this act,
no ship or vessel bound to a foreign port, with which commercial
intercourse shall, by virtue of this act, be again permitted, shall
be allowed to depart for such port, unless the owner or owners,
consignee or factor of such ship or vessel shall, with the master,
have given bond with one or more sureties to the United States,
in a sum double the value of the vessel and cargo, if the vessel is
wholly owned by a citizen or citizens of the United States; and
in a sum four times the value, if the vessel is owned in part or in
whole by any foreigner or foreigners, that the ve^^l shall not
leave the port without a clearance, nor shall, when leaving the
port, proceed to any port or place in Great Britain or France, or
in the colonies or dependencies of either, or in the actual pos-
session of either, nor be directly or indirectly engaged during the
voyage in any trade with such port, nor shall put any article on
board of any other vessel; nor unless every other requisite and
provision of the second section of the act, intituled **An act to
enforce and make more effectual an act, intituled An act laying
an embargo on all ships and vessels in the ports and harbors of
the United States, and the several acts supplementary thereto," *
shall have been complied with. . . .
Sec. 14. And he it further enacted^ That so much of the . . .
[Embargo Act] . . . and of the several acts supplementary thereto,
as compels vessels owned by citizens of the United States, bound
to another port of the said States, or vessels licensed for the coasting
trade, or boats, either not masted or not decked, to give bond,
and to load under the inspection of a revenue officer, or renders
them liable to detention, merely on account of the nature of their
cargo, (such provisions excepted as relate to collection districts
' Act of Jan. 9^ 1809 (Stai. tU Large, II., 506-511). — Ed.
i.ir.^.,. 17 repeals aci ot April 18, 1806, z
after May 20.]
*****
Skc\ 19. Aful be it further enacted^ Tl
tinue and be in force until the end of the ne
and no longer; and that the act laying an
and vessels in the ports and harbors of the
several acts supplementary thereto, shall
hereby repealed from and after the end <
Congress.
No. 68. Declaration
June 18, 1 81 a
Madison's message of June i was referred in the
on Foreign Relations. June 3 Calhoun reported f
declaring war between the United States and Great
the House the following day by a vote of 79 to 49
The bill with amendments was reported by a select
on the 8th; on the nth, by a vote of 17 to 13, it w:
amendments were reported on the 12th, but were re
by vote of a i to 11 the first report of the committee
agreed to. Determined efforts were made to postp*
bill, but without success, and on the 17th the bill pas
On the i8th the House concurred in the Senate i
same day the act was approved. A proclamation i
iSi2l TREATY OF GHENT 289
An Act declaring War between the United Kingdom 0/ Great Britain
and Ireland and the dependencies thereof , and the United States
of America and their territories.
Be it enacted . . . , That war be and the same is hereby declared
to exist between the United Kingdom of Great Britain and Ireland
and the dependencies thereof, and the United States of America
and their territories; and that the President of the United States
is hereby authorized to use the whole land and naval force of the
United States to carry the same into effect, and to issue to private
armed vessels of the United States commissions or letters of marque
and general reprisal, in such form as he shall think proper, and
under the seal of the United States, against the vessels, goods, and
effects of the government of the said United Kingdom of Great
Britain and Ireland, and the subjects thereof.
No. 69. Treaty of Ghent
December 24, 1814
The offer of the Emperor of Russia to mediate between Great Britain and
the United States was accepted by the latter, and on April 15, 1813, instruc-
tions w^^ issued to^mmissjpBers. Gfttt Britain, however, declined the
offer of nn^^tion, and suggested direct negotiation ; the suggestion was ac-
cepted, addi^onal commissioners were appointed, and new instructions is-
sued Jan. 38, 1814. The commissioners held their first conference at Ghent
July XI. The treaty wasconcluded Dec. 24; Feb. 17, 1815, ratifications were
exchanged at Washington. The conclusion of the treaty was announced to
Congress Feb. 20.
References. — Text in U. S. Stat, at Large, VIII., 218-223. The diplo-
matic corresjxxidence is in Amer. State Papers , Foreign Relations, III., 695-
748; rV., 808-811. For dispatches and instructions of the British commis-
sioners, sec the Castlereagh Correspondence, series III., vol. II. The diary
of J. Q. Adams during the negotiations is in his Memoirs, II., 603-662; III.,
3-144. Clay's letters are in Colton's Private Correspondence of Henry Clay,
24-44; Gallatin's, in Adams's Writings of Gallatin, I., 545-647. See also
Treaties and Conventions (ed. 1889), 13 26-1328, notes on the treaty by J. C.
B. Davis.
Article the First.
There shall be a firm and universal peace between His Britan-
nic Majesty and the United States, and between their respective
u
ing of this treaty, excoj)ting only the isla
tioiH-d, shall he restored without delay, am
de>tru( tion, or carrying away any of the ar
property originally captured in the said fort^
shall remain therein upon the exchange of t
treaty, or any slaves or other private propert
recoid&r-^^^cdb smd papers, either of a pub
ing to. private persons, which, in the course
fallen into the hands of the officers of eith*
far as may be practicable, forthwith resto
the proper authorities and persons to wh
belong. Such of the i§landsjnjhe JBsy ^^ ^
claimed by both parties, shall remain in t
party in whose occupation they may be at the
of the ratifications of this treatv, until the d
title to the said islands shall have been mad
the fourth article of this treaty. No disp<
treaty, as to such possession of the islands ai
by both parties, shall, in any manner what(
affect the right of either.
* * * ♦ ♦ 31
Article the Fourth.
Whereas it was stipulated by the second
of peace ... [of 1783] . . . that the boui
Oa-a-- -t » > » ..... - . . -
j8i4l TREATY OF GHENT 29!
and the island of Grand Menan in the said Bay of Fund/, are
claimed by the United States as being comprehended within
their aforesaid boundaries, which said islands are claimed as
belonging to his Britannic Majesty, as having been at the time
of, and previous to, the aforesaid treaty . . . , within the limits of
the prQuacej^t-Nova-Scotia: In order, therefore, finally to decide
upon these claims, it is agreed that they shall be referred to two
commissioners to be appointed in the following manner, viz:
one commissioner shall be appointed by his Britannic Majesty,
and one by the president of the United States, by and with the
advice and consent of the Senate thereof . . . [The commis-
sioners to meet at St. Andrews, N. B. In case of disagreement, the
matter to be referred to the decision of some friendly Power.*]
Article the Fifth.
Whereas neither that point of the high lands lying due north
from th<> gnnrf^P nf thf> ipvpr St. Croix, and designated in the
former treaty of peace between the two powers as the northwest
angle of Nova-Scotia, nor the north westernmost head of Con:
necdcut river, has yet been ascertained ; and whereas that part
of the boundary line between the dominions of the two powers
which extends from the source of the river St. Croix directly north
to the abovementioned northwest angle of Nova-Scotia, thence
along the said highlands which divide those rivers that empty
themselves into the river St. Lawrence from those which fall
into the Atlantic ocean to the northwesternmost head of Con-
necticut river, thence down along the middle of that river to the
forty-fifth degree of north latitude ; thence by a line due west on
said latitude until it strikes the river Iroquois or Cataraguy, has
not yet been surveyed : it is agreed, that for these several purposes
twQ^commissioners shall be appointed, sworn, and authorized to
act exactly in the manner directed with respect to those mentioned
in the next preceding article, unless otherwise specified in the pres-
ent article. [The commissioners to meet at St. Andrews, N. B.
Boundary to be surveyed and marked. In case of disagreement,
the matter to be referred to the decision of some friendly Power, as
in Art. IV.]
* For the declaration and decision of the commissioners under this article
Nov. 34, 18x7, see Treaties and ConverUions (ed. 1889), 405, 406. — Ed.
K ^y •.^^^
said river into lake Ontario, through the
until it strikes the communication hv water he
lake Mrie, thence along the middle of >aid
lake Erie, through the middle of said lake u
water communication into the lake Huron,
middle of said lake to the water communic
lake and lake Superior." And whereas doub
was ibfi^ middle of the said riv^r^ lakes and
tions, and whethef'certain islands lying in th
the dominions of his Britannic majesty or of
In order, therefore, finally to decide these d<
referred to Two ^^"nmi'i'iinir**'*', to . be app<
authorized to act exactly in the manner dii
to those mentioned in the next preceding ai
wise specified in this present article. [The
meet at Albany. Boundary to be designate<
agreement, the matter to be referred to the decis
power, as in Art. IV.*]
Article the Seventh.
[The commissioners provided for in Art. V
boundary between Lakes Huron and Superior ;
Woods. In case of disagreement, the mattei
the decision of some friendly Power, as in Art
i8i4l REPORT OF THE HARTFORD CONVENTION 293
at the time of such ratification; and forthwith to restore to such
tribes or nations, respectively, nil thr pnWinionB, righfru^Qjnd
privileges, which they may have enjoyed or been entitled to in
. . . [181 1 ] . . . , previous to such hostilities: Provided always^
That such tribes or nations shall agree to desist from all hostilities,
against the United States of America, their citizens and subjects,
upon the ratification of the present treaty being notified to such
tribes or nations, and shall so desist accordingly. And his Britan-
nic Majesty engages, on his part, (q put an end immediately after
the ratification of the present treaty, to hostilities with all the tribes
or nations of Indians with whom he may be at war at the time of
such ratification, and forthwith to restore to such tribes or nations,
respectively, all the possessions, rights, and privileges, which they
may have enjoyed or been entitled to, in . . . [181 1] . . . ,
previous to such hostilities: Provided always, that such tribes or
nations shall agree to desist from all hostilities against his Britan-
nic majesty, and his subjects, upon the ratification of the present
treaty being notified to such tribes or nations, ^nd shall so desist
accordingly.
Akticle the Tenth.
Whereas the traffic in slaves is irreconcileable with the prin-
ciples of humanity* and Justice, and whereas both his Majesty
and the United States are desirous of continuing theic efforts to
promote its entire abolition, it is hereby agreed that both the con^
tractingpSrtle5""S!rainSe their best endeavors to accomplish so
desirable an object.
******* *i
No- 70. Report of the Hartford Convention
January 4, 1815
Eaxly in 1814 many towns in Massachusetts presented memorials to the
legislature, setting forth the dangers to which the war with Great Britain ex-
posed them, and suggesting the appointment of delegates, "to meet delegates
from such other States as might think proper to appoint them, for the purpose
^ Signed: "Gambier, Henry Goulbum, William Adams, John Quincy Adanu^
J. A. Bayard, H. Clay, Jona. Russell, Albert Gallatin." — Ed.
nature, and ofiuur 'li'k-;;aU- !'}■ the h -ji-l.iluri < '1 K
,Ha.tCi ihus (li()>cn. toiM'ihcr \\nli twn Irxm N'l'W 1
W-rrnrint. r«'[>r«'M*ntini^ !■ >';il . < Jiivriili' 'M-- in i '■" < c "-M
15, .iii'l miKiiMfil in -f^".-.!)!! uni;i Jan. ;;. I'^'i;.
convention were set ret, but the report, from whiih
published and widely circulated. The legislature:
Connecticut sent commissioners to Washington to ui
amendments to the Constitution suggested by the c
had ended before they arrived, and their recommend
The injunction of secrecy laid up)on the meml^crs of
failure to make public the journal, led to the imprcs>
were of a treasonable nature, and had in view a dis:
References. — Text in Dwight's History of tl
(ed. 1833), 352-379; the extract here given is on pj
is also in Niies's Register, VII., 305-313, where are
mercial and financial statistics published by order (
journal is also in Dwight, op. cit., 383-398. R. M. S
convention is in Niks' s Register^ XXXIX., 434, 435
189, 193-197. 257, 258, 321-326, 337, 338, 369-37i> ^
to the convention.
[After severe general criticism of the Ad
the policy by which *'this remote country, oi
envied," is now ** involved in a ruinous war,
intercourse with the rest of the world," the re
To investigate and explain the means when
has been effected, would require a voluminou
ing more can be attempted in this report than
the principal outlines of the policy which has
1815] REPORT OF THE HARTFORD CONVENTION 295
excluding from office men of unexceptionable merit, for want of
adherence to the executive creed.
Thirdly. — The infraction of the judiciary authority and rights, -
by depriving judges of their offices in violation of the constitu-
tion.
Fourthly. — The abolition of existing taxes, requisite to prepare
the country for those changes to which nations are alwa)rs ex-
pK>sed, wilj^^a view to the acquisition of popular favour.
Fifthly. — The Tffluence 6f patronage in the distribution of
offices, which in these states has been almost invariably made
among men the least entitied to such distinction, and who have
sold themselves as re^ady instruments for distracting public opin-
kin, and encouraging administration to hold in contempt the
wishes and remonstrances of a people thus apparently divided.
Sixthly . — The. admission of new states into the Union formed
at pleasure in the western region, 15as" destroyed the balance of
j;^ower which existed among the original States, and deeply affected
their interest.
Sci'enthly. — The^easy admission of naturalized foreigners, to
places of trust, honour or profit, operating as an inducement to
the malcontent subjects of the old world to come to these States,
in quest of executive patronage, and to repay it by an abject de-
votion to executive measures.
Eighthly. — Hostility to Great Britain, and partiality to the late
government of France, adopted as coincident with popular preju-
dice, and subservient to the main object, party power. Connected
with these must be ranked erroneous and distorted estimates of
the power and resources of those nations, of the probable results'
of their controversies, and of our political relations to them re-
spectively.
Ijjstly and principally. — ;\ visionary and sin)erficial theory in
c^gard to commerce, accompanied by a real hatred but a feigned
regard to its interests, and a ruinous perseverance in efforts to
render it an instrument of coercion and war.
But it is not conceivable that the obliquity of any administra-
tion could, in so short a period, have so nearly consummated the
work of national ruin, unless favoured by defects in the constitu-
tion.
To enumerate all the improvements of which that instrument 's
29O REPORT OF THE HARTFORD CONVENTION [Jan. 4
susceptible, and to propose such amendments as might render it in
all respects perfect, would be a task which this convention has
not thought proper to assume. They have confined their atten-
tion to such as experience has demonstrated to be essential, and
even among these, some are considered entitled to a more serious
attention than others. They are suggested without any intentional
disrespect to other states, and are meant to be such as all shall find
an interest in promoting. Their object is to strengthen, and if —
possible to perpetuate, the union of the states, by removing the
grounds of existing jealousies, and providing for a fair and equal
representation, and a limitation of powers, which have been mis-
used.
The first amendment proposed, relates to the apportionment of ^^
representatives among the slave holding states. This cannot be —
claimed as a right. Those states are entitled to the slave represen-
tation, by a constitutional compact. It is therefore merely a
subject of agreement, which should be conducted upon principle?
of mutual interest and accommodation, and upon which no sensi-
bility on either side should be permitted to exist. lt-has.^5ved
unjust and unequal in its operation. Had this effc;ct been fore-
seen, the privilege would probably not have been demanded;
certainly not conceded. Its tendency in future will be adverse to
that harmony and mutual confidence which are more conducive
to the happiness and prosperity of every confederated state, than
a mere preponderance of power, the prolific source of jealousies
and controversy, can be to any one of them. The time may
therefore arrive, when a sense of magnanimity and justice will
reconcile those states to acquiesce in a revision of this article,
especially as a fair equivalent ^ould result to them in the appor-
tionment of taxes.
The next amendment relates to the admission of new^tes into
the Union. \
This amendment is deemed to be highly important, and ^n fact
indispensable. In proposing it, it is not intended to recognize
the right of Congress to admit new states without the original
limits of the United States, nor is any idea entertained of disturb-
ing the tranquillity of any state already admitted* into the Union.
The object is merely to restrain the constitutional power of Con-
gress in admitting new states. At the adoption of the constitution,
\
1815I REPORT OF THE HARTFORD CONVENTION 297
a certain balance of power among the original parties was consid-
ered to exist, and there was at that time, and yet is among those
parties, a strong affinity between their great and general interests.
— By the admission of these states that balance has been materi-
ally affected, and unless the practice be modified, must ultimately
be destroyed. The southern states will first avail themselves of
their new confederates to govern the east, and finally the western
states, multiplied in number, and augmented in population, will
control the interests of the whole. Thus for the sake of present
power, the southern states will be common sufferers with the east,
in the loss of permanent advantages. None of the old states can
find an interest in creating prematurely an overwhelming western
influence, which may hereafter discern (as it has heretofore) bene-
fits to be derived to them by wars and commercial restrictions.
The next amendments proposed by the convention, relate to
the powers of Congress, in relation to embargo and the interdic-
tion of conmierce.
Whatever theories upon the subject of commerce have hitherto
divided the opinions of statesmen, experience has at last shown
that it is a vital interest in the United States, and that its, success
is essential to the encouragement of agriculture and manufactures,
and to the wealth, finances, defence, and liberty of the nation.
Its welfare can never interfere with the other great interests of the
state, but must promote and uphold them. Still those who are
immediately concerned in the^ prosecution of commerce, will of
necessity be always a minority of the nation. They are, however,
best qualified to mafiage and ciirect its course by the advantages
of experience, and the sense of interest. But they are entirely
unable to protect themselves against the sudden and injudicious
decisions of bare majorities, and the mistaken or oppressive proj-
ects of those who are not actively concerned in its pursuits. Of
consequence, this interest is alwaysexgosed to be harassed, inter-
rupted, and entirely destroyed, upon pretence of securing other
interests. Had the merchants of this nation been permitted by
their own government to piu^ue an innocent and lawful commerce,
how different would have been the state of the treasury and of
public credit! How short-sighted and miserable is the policy
which has annihilated this order of men, and doomed their ships
io rot in the docks, their capital to waste unemployed, and their
i
298 REPORT OF THE HARTFORD CONVENTION [Jan. 4
affections to be alienated from the government which was formed
to protect them 1 What security for an ample and unfailing reve-
nue can ever be had, comparable to that which once was realized
in the good faith, punctuality, and sense of honour, whictLSttached
the mercantile class to the interests of the government ! Without
commerce, where can be found the aliment for a havy; and with-
out a navy, what is to constitute the defence, and ornament, and
glory of this nation ! No union can be durably cemented, in
which every great interest does not find itself reasonably secured
against the encroachment and combinations of other interests.
When, therefore, the past system of embargoes and commercial
restrictions shall have been reviewed — when the fluctuation and
inconsistency of public measures, betraying a want of information
as well as feeling in the majority, shall have been considered,
the reasonableness of some restrictions upon the j)ower of a
bare majority to repeat these oppressions, will appear to be obvi-
ous.
The next amendment proposes _to restrict the j)ower of making
offensive war. In the consideration of thiS amfthdment, it is not
necessary to inquire into the justice of the present war. But one
sentiment now exists in relation to its expediency, and regret for
its -declaration is nearly universal. No indemnity can ever be
attained for this terrible calamity, and its only palliation must be
found in obstacles to its future recurrence. Rarely can the state
of this country call for or justify offensive war. The genius of
our institutions is unfavourable to its successful prosecution ; the
felicity of our situation exempts us from its necessity. In this
case, as in the former, those more immediately exposed to its
fatal effects are a minority of the nation. The commercial towns,
the shores of our seas and rivers, contain the population whose
vital interests are most vulnerable by a foreign enemy. Agricul-
ture, indeed, must feel at last, but this appeal to its sensibility
comes too late. Again, the immense population which has
swarmed into the west, remote from immediate danger, and which
is constantly augmenting, will not be averse from the occasional
disturbances of the Atlantic states. Thus interest may not unfre-
quently combine with passion and intrigue, to plunge the nation
into needless wars, and compel it to become a military, rather
than a happy and flourishing people. These considerations, which
1815J REPORT OF THE HARTFORD CONVENTION 299
it would be easy to augment, call loudly for the limitation pro-
posed in the amendment.
Another amendment,v subordinate in importance, but still in a
high degree expedient, relates to thp pvrj^gi/^n ^f fnr<»i^yn^|^ here-
after arriving in the United States from the capacity of holding
ofl&ces of trust, honour, or profit.
That the stock of j)opulation already in these states is amply
sufficient to render this nation in due time sufficiently great and
powerful, is not a controvertible question. Nor will it be seriously
pretended, thaf the national deficiency in wisdom, arts, science,
arms, or virtue, needs to be replenished from foreign countries.
Still, it is agreed, thaj^a liberal policy should offer the rights of
hospitality, and tfie choice of settlement, to those who are disposed
to visit the country. But why admit to a garticigationh4ii--the
goKCfTunent alien&^who were no parties to the compact — who are
ignorant of the nature of our institutions, and have no stake in
the welfare of the country but what is recent and transitory? It
is surely a privilege sufficient, to admit them after due probation
to become citizens, for all but political purposes. To extend it
teyond these limits, is to encourage foreigners to come to these
states as candidates for preferment. The Convention forbear to
express their opinion upon the inauspicious effects which have
already resulted to the honour and peace of this nation, from this
misplaced and indiscriminate liberality.
The last amendment respects thi> Hmitatjnn of the office of
I^esi^Ot.to a single constitutional term, and his eli^ility ffom
the same state two terms in succession.
Upon this topic it is. superfluous to dilate. Th.e loye j)f power
is a principle in the human heart which too of ten^ impels to the
use of all practicable means to prolong "its .diyation. The office
of President has charms and attractions which operate as power-
ful incentives to this passion. The first and most natural exertion
of a vast patronage is directed towards the security of a new elec-
tion. The interest of the country, the welfare of the people, even
honest fame and respect for the opinion of posterity, are secondary
considerations. All the engines of intrigue, all the means of cor-
ruption are likely to be employed for this object. A President
whose political career is limited to a single election, may find no
other interest than will be promoted by making it glorious to him-
lar states. The justice, therefore, of seciiri
and e(|ual chance for the election of [h'v
citizens is aj)|)arent, and \h\< object will h
by preventing an election from the same st;
* * » * *
Therefore resolved,
That it be and hereby is recommended
the several states represented in this Conver
measures as may be necessary effectually to
said states from the operation and effects (
been or may be passed by the Congress
which shall contain provisions, subjecting tt
zens toioccibletiraftv^^onscriptions, or impj
ised by the constitution of the United States.
Resolvedy That it be and hereby is reco
Legislatures, to authorize an immediate an
to be made to the government of the Unit
their consent to some arrangement, whereb}
separately or in concert, be empowered to
selves the defence of thejx territory agains
reasonaBle"porti6h of the taxes, collected wi
be paid into the respective treasuries thereof
the pa3rment of the balance due said state
dcfeDce..o£-thfc.safla.e. The amount so paid ir
to be credited, and the disbursements mad
1815] REPORT OF THE HARTFORD CONVENTION 301
upon the request of the governor of either of the other states to
employ the whole df such detachment or corps, as well as the
regular forces of the state, or such part thereof as may be re-
quired and can be spared consistently with the safety of the state,
in assisting the state, making such request to repel any invasion
thereof which shall be made or attempted by the public enemy.
Resolved, That the following amendments of the constitution of
the United States be recommended to the states represented as
aforesaid, to be proposed by them for adoption by the state legis-
latiu^s, and in such cases as may be deemed expedient by a con-
vention chosen by the people of each state.
And it is further recommended, that the said states shall perse-
vere in their efforts to obtain such amendments, until the same
shall be effected.
First. Representatives and direct taxe<s $h^ bf f^ppftrtjft"^
among ttfe several stalCii wlilch may be included within' this Union,
according to their respective numbers of free persons, including
those bound to serve for a term of years, and excluding Indians
noL taxed, and all other persons.
Second. No new state shall he admitted into the Union by
Congress, in virtue of the j)ower granted by the constitution, with-
out the concurrence of two thirds of both houses.
ThtrJ. Co^gEESS^SiXSiriibt have power to lay any embargo on
the ships or vessels of the citizens of the United States, in the
ports or harbours thereof, XoiJXiQEe.,than^sixt]r^ays.
Fourth. Congress shall not have power, without the concur-
rence of two thirds of both houses, to interdict the commercial
intercourse between the United States and any foreign nation, or
the dependencies thereof.
Fifth. Congresa ^hall not make orjigglsre^war, or authorize
acts of hostility against any foreign nation, without the concur-
rence of two _t lurds of botb houses, except such acts of hostility be
in defence of the territories of the United States when actually
invaded.
Sixth. No person who shall hereafter be naturalized, shall be
eligible as a member of the senate or house of representatives of .
the United States, nor capable of holding any civil oflSce under
the authority of the United States. ' - -
Seventh. The same p)erson shall not be elected president of
302 ACT FOR A NATIONAL BANK [April lo
the United States a second time; nor shall the president be elected
from the same state two terms in succession.
No. 71. Act for a National Bank
April 10, i8z6
The charter of the first bank of the United States expired in 181 1, and the
effort to renew it was unsuccessful. A bill to incorp>orate a bank was vetoed
by Madison Jan. 30, 1815. In his annual message, Dec. 5, 181 5, Madison
urged the necessity of an uniform national currency, and suggested a national
bank. In the House this part of the message was referred to a select com-
mittee, of which Calhoun was chairman, and Jan. 8, 1816, Calhoun reported
a bill to incorporate the subscribers to the Bank of the United States. The
bill was not taken up until Feb. 26; it was then considered at nearly every
session until March 14, when it ]>assed by a vote of 80 to 71. The bill with
amendments passed the Senate April 3, by a vote of 22 to 12. April 5 the
House concurred in the Senate amendments; on the loth the act was ap-
proved. Only the significant portions of the act are here given.
References. — Text in U. S. SkU. at Large^ III., 266-277. For the pro-
ceedings see the House and Senate JourmilSt 14th Cong., ist Sess.; for the
discussions see the Annals, or Benton's Abridgment, V. The sp>ceches of
Calhoun, Clay, and Webster (the latter against the bank) are of especial im-
portance. The letter of Dallas, Secretary of theTrcasury, to Calhoun, outlin-
ing a plan for a national bank, is in Amer. State Papers, Finance, III., 57-61 ;
the act followed in the main Dallas's suggestions. The veto message of Jan.
30, 1815, with the text of the bill, is in Amer, State Papers, Finance, II., 891-
895; Spencer's report in the House, Jan. 16, 1819, on the conduct of the
bank, ib., III., 306-391 ; the petition of the bank for changes in its charter,
Jan. 12, 182T, ib.. III., 586-594. The definitive history is Catterall's Second
Bank of the United States. On the constitutionality of a national bank
the leading case is McCuIloch v. Maryland, 4 Wheaton, 316-437. Most of
the discussion over the bank belongs to a later period.
An Act k) incorporate the subscribers to the Bank of the United States,
Be it enacted . . . , That a bank of the United States of America
shall be established, with a capital of thirty-five millions of dollars,
divided into three hundred and fifty thousand shares, of one hun-
dred dollars each share. Seventy thousand shares, amounting
to the sum of seven millions of dollars, part of the capital of the
said bank, shall be subscribed and paid for by the United States,
in the manner hereinafter specified; and two hundred and eighty
i8i6J ACT FOR A NATIONAL BANK 303
thousand shares, amounting to the sum of t^'venty-eight millions of
dollars, shall be subscribed and paid for by individuals, companies,
or coqwrations, in the manner hereinafter specified. . . .
Sec. 8. And be U further enacted, That for the management
of the affairs of the said corporation, there shall be twenty-five
directors, five of whom, being stockholders, shall be annually
apfx>inted by the President of the United States, by and with the
ad\-ice and consent of the Senate, not more than three of whom
shall be residents of any one state ; and twenty of whom shall be
annually elected at the banking house in the city of Philadelphia,
on the first Monday of January, in each year, by the qualified
stockholders of the capital of the said bank, other than the United
States, and by a plurality of votes then and there actually given,
according to the scale of voting hereinafter prescribed : Provided
always, That no person, being a director in the bank of the United
States, or any of its branches, shall be a director of any other
bank . . .
Sec. 9. And he it further enacted, . , . And the President
of the United States is hereby authorized, during the present ses-
sion of Congress, to nominate, and, by and with the advice and
consent of the Senate, to appoint, five directors of the said bank,
though not stockholders, any thing in the provisions of this act to
the contrary not^'VMthstanding ...
Sec. II. And he it further enacted, That the following rules,
restrictions, limitations, and provisions, shall form and be funda-
mental articles of the constitution of the said corporation, to wit:
^r ^^ ^^ ^^ ^^ ^^ ^^ ^r
Eighth. The total amount of debts which the said corporation
shall at any time owe, whether by bond, bill, note, or other con-
tract, over and above the debt or debts due for money deposited
in the bank, shall not exceed the sum of thirty-five millions of dol-
lars, unless the contracting of any greater debt shall have been
previously authorized by law of the United States. . . .
Ninth, The said corporation shall not, directiy or indirectiy,
deal or trade in any thing except bills of exchange, gold or silver
bullion, or in the sale of goods really and truly pledged for money
lent and not redeemed in due time, or goods which shall be the
proceeds of its lands. It shall not be at liberty to purchase any
304 ACT FOR A NATIONAL BANK [April lo
public debt whatsoever, nor shall it take more than at the rate of
six per centum per annum for or upon its loans or discounts.
Tenth, No loan shall be made by the said corfwration, for the
use or on account of the government of the United States, to an
amount exceeding five hundred thousand dollars, or of any particu-
lar state, to an amount exceeding fifty thousand dollars, or of any
foreign prince or state, unless previously authorized by a law of the
United States.
********
Fourteenth, The directors of the said corporation shall estab-
lish a competent office of discount and deposit in the District of
Columbia, whenever any law of the United States shall require
such an establishment; also one such office of discount and de-
posit in any state in which two thousand shares shall have been
subscribed or may be held, whenever, upon application of the
legislature of such state. Congress may, by law, require the same :
. . . And it shall be lawful for the directors of the said corporation
to establish offices of discount and deposit, wheresoever they shall
think fit, within the United States or the territories thereof, and
to commit the management of the said offices, and the business
thereof, respectively to such persons, and under such regulations
as they shall deem proper, not being contrary to law or the con-
stitution of the bank. Or instead of establishing such offices, it
shall be lawful for the directors of the said corporation, from time
to time, to employ any other bank or banks, to be first approved
by the Secretary of the Treasury, at any place or places that they
may deem safe and proper, to manage and transact the business
proposed as aforesaid, other than for the purposes of discount, to be
managed and transacted by such offices, under such agreements,
and subject to such regulations, as they shall deem just and
proper. . . .
Fifteenth, The officer at the head of the Treasury Department
of the United States shall be furnished, from time to time, as often
as he may require, not exceeding once a week, with statements
of the amount of the capital stock of the said corporation and of
the debts due to the same; of the moneys de|)osite(l therein; of
the notes in circulation, and of the specie in hand ; and shall have
a right to inspect such general accounts in the books of the bank
as shall relate to the said statement: Provided^ That this shall not
jSj6\ act for a national BANK 305
l)c construed to imply a right of inspecting the account of an;
private individual or individuals with the bank. . . .
Sec. 14. And be it further enacted, That the bills or notes of
the said corporation originally made payable, or which shall have
become payable on demand, shall be receivable in all payments
to the United States, unless otherwise directed by act of Congress.
Sec. 15. And he it further enacted. That during the continu-
ance of this act, And whenever required by the Secretary of the
Treasury, the said corporation shall give the necessary facilities
for transferring the public funds from place to place, within the
United States, or the territories thereof, and for distributing the
same in payment of the public creditors, without charging com-
missions or claiming allowance on account of difference of exchange,
and shall also do and perform the several and respective duties of
the commissioners of loans for the several states, or of any one
or more of them, whenever required by law.
Sec. 16. And he it further enacted, That the deposits of the
money of the United States, in places in which the said bank and
branches thereof may be established, shall be made in said bank
or branches thereof, unless the Secretary of the Treasury shall at
any time otherwise order and direct; in which case the Secretary
of the Treasury shall immediately lay before Congress, if in ses-
sion, and if not, immediately after the commencement of the next
session, the reasons of such order or direction.
Sec. 17. And he it further enacted, That the said corporation
shall not at any time suspend or refuse payment in gold and
silver, of any of its notes, bills or obligations; nor of any moneys
received upon deposit in said bank, or in any of its offices of dis-
count and deposit. ...
Sec. 20. And he it further enacted. That in consideration of
the exclusive privileges and benefits conferred by this act, upon
the said bank, the president, directors, and company thereof,
shall pay to the United States, out of the corporate funds thereof,
the sum of one million and five hundred thousand dollars, in three
equal payments; that is to say: five hundred thousand dollars at
the expiration of two years; five hundred thousand dollars at the
expiration of three years; and five hundred thousand dollars at the
expiration of four years after the said bank shall be organized, and
commence its operations in the manner herein before provided.
3o6 TREATY WITH SPAIN FOR THE FLORIDAS [Feb. 23
Sec. 21. And be U further enacted, That no other bank shall
be established by any future law of the United Suites during the
continuance of the corporation hereby created, for which the faith
of the United States is hereby pledged . . . [except in the Dis-
trict of Columbia]. . . .
♦ «'♦ ♦ ♦ ♦ ♦ ♦
No. 72. Treaty with Spain for the Floridas
February aa, 18x9
Partly because of disputes regarding claims, arid partly because of the
establishment by the United States of a customs district which included Mo-
bile, the King of Spain refused to ratify the treaty of 1802. Efforts to adjust
the differences between the two countries failed, and in 1808 diplomatic
relations were broken off. October 27, 1810, Madison by proclamation
directed Claiborne, governor of Orleans Territory, to take possession of West
FlgodaJor the United States, and secret acts of Jan. 15 and March 3, iSTT,
authorized the President to take temporary possession of £afiLFlorida. Dip-
lomatic relations were resumed in 181 5, and a long correspondence followed,
ending in the treaty of Feb. 22, 181 9. The treaty was not ratified by Spain
until Oct. 24, 1820, and was again ratified by the Senate Feb. 19, 1821. An
act of March 3, 1821, authorized the President to take possession of Elast and
West Florida in accordanc&with the treaty.
References. — English and Spanish text in U, S. at Large^ VIJI., 252-
264. The diplomatic correspondence is in A mer. State Papers, Foreign Re-
lotions f IV., v., and Annals, 15th Cong., 2d Sess., II., appendix. For in>-
portant contemporary views, see J. Q. Adams's Memoirs, IV., V.; Benton's
Thirty Years' View, I., chap. 6 ;' II., chaps. 42, 155; Clay's speech on the
treaty, in his Life and Speeches (ed. 1844), I., 392-404; and various letters
of Gallatin, in his Writings (Adams's ed.), II. See also Wharton's Intern.
Law Digest (ed. 1887), II., 277-287; Donaldson's Public Domain, 108-120
(H. Misc. Doc., 47th Cong., 2d Sess., vol. 19).
Article i.
There shall be a firm and inviolable peace and sincere friend-
_ship between the United States and their citizens, and his Catholic
Majesty, his successors and subjects, without exception of persons
or places.
i8i9l TREATY WITH SPAIN FOR THE FLORIDAS 307
Article 2.
His Catholic Majesty cedes to the United States, in full property
and sovereignty, jJlJ^h^terntones which_ belong to him, situated
jothfi_eastward of the Mississippi, known bylhe name ot is^asFand
West Florida. ...
Article 3.
The boundary line between the two countries, west of the Mis-
sissippi, shall begin on the Gulph of Mexico, at the mouth of
the river Sabine, in the sea, continuing north, along the western
bank of that river, to the 3 2d degree of latitude; thence, by a line
due north, to the degree of latitude where it strikes the Rio Roxo
of Nachitoches, or Red River; then following the course of the
Rio Roxo westward, to the degree of longitude 100 west from
London and 23 from Washington; then, crossing the said Red
River, and running thence, by a line due north, to the river Ar-
kansas; thence, following the course of the southern bank of
the Arkansas, to its source, in latitude 42 north; and thence, by
that parallel of latitude, to the South Sea. The whole being as
laid down in Melish's map of the United States, published at
Philadelphia, improved to the first of January, 18 18. But, if the
source of the Arkansas river shall be found to fall north or south
of latitude 42, then the line shall run from the said source due
south or north, as the case may be, till it meets the said parallel
of latitude 42, and thence, along the said parallel, to the South
Sea : All the islajuj*^ it>^p Sabine, and the said Red and Arkansas
rivers, throughout the course~thus described, tcubelong to the
Uoitfid. States; but the use of the waters, and the navigation of
the Sabine to the sea, and of the said rivers Roxo and Arkansas,
throughout the extent of the said boundary, on their respective
banks, shall be common to the respective inhabitants of both
nations.
Article 5.
The inhabitants of the ceded territories shall be secured in the
free exercise of their religion, without any restriction; and all
308 TREATY WITH SPAIN FOR THE FLORIDAS [Feb. 2a
those who may desire to remove to the Spanish dominions, shall
be penoItteOii.^^^ ^^ expoHTHSreffecS, ait any time' wBa^
without being subject, in either case, to duties.
Article 6.
The inhabitants of the territories which his Catholic Majesty
cedes to the United States, by this Treaty, shall be incorporated
in the Union of the United States, as soon as may be consistent
with the principles of the Federal Constitution, and admitted to
the enjoyment of all the privileges, rights, and immunities, of the
citizens of the United States.
Article 8.
[Grants of land prior to Jan. 24, 1818, to be ratified and con-
firmed; all subsequent grants to be null and void.]
Article 9.
The two high contracting parties, animated with the most earnest
desi£«M>f LuntiliMion, and with the object of putting an end to all
the diflFerences which have existed between them, and of confirming
the good understanding which they wish to be forever maintained
between them, reciprocallv renounce a11 claims foL,da_mages or
injuriest which they, themseh-es, as well as tlieir respective citizens
and subjects, may have suffered until the time of signing this
Treaty.
The renunciation of the United States will extend to all the
injuries mentioned in the Convention of the nth of August, 1802.
2. To all claims on account of prizes made by French priva-
teers, and condemned by French consuls, within the territory and
jurisdiction of Spain.
3. To all claims of indemnities on account of the suspension
of the right of deposit at New-Orleans, in 1802.
4. To all claims of citizens of the United States upon the govern-
ment of Spain, arising from the unlawful seizures at sea, and in
the ports and territories of Spain, or the Spanish colonies.
5. To all claims of citizens of the United States upon the Span-
ish government, statements of which, soliciting the interposi-
tion of the government of the United States, have been presented
x8i9J TREATY WITH SPAIN FOR THE FLORIDAS 309
to the Department of State, or to the Minister of the United States
in Spain, since the date of the Convention of 1802, and until the
signature of this Treaty.
The renunciation of his Catholic Majesty extends:
1. To all the injuries mentioned in the Convention of the nth
of August, 1802.
2. To the sums which his Catholic Majesty advanced for the
return of Captain Pike from the Provincias Internas.
3. To all injuries caused by the expedition of Miranda, that
was fitted out and equipped at New- York.
4. To all claims of Spanish subjects upon the government of
the Um'ted States, arising from unlawful seizures at sea, or within
the ports and territorial jurisdiction of the United States.
Finally, to all the claims of subjects of his Catholic Majesty
upon the government of the United States, in which the interposi-
tion of his Catholic Majesty's government has been solicited,
before the date of this Treaty, and since the date of the^onveiitian
td iHoTj or which may have been made to the Department of
Foreign Affairs of his Majesty, or to his Minister in the United
States.
And the high contracting parties, respectively, renounce all
claim to indemnities for any of the recent events or transactions
of their respective commanders and officers in the Floridas.
The United States will cause satisfaction to be made for the
injuries, if any, which, by process of law, shall be established to
have been suffered by the Spanish officers, and individual Spanish
inhabitants, by the later operations of the American army in
Florida.*
Article 10.
The Convention entered into between the two governments, on
the nth of August, 1802, the ratifications of which. wei^ exchanged
the 2ist December, 1818, is annulled.
Article ii.
The United States, exonerating Spain from all demands in future,
on account of thfi^daima^iif their citizens to which the renun-
s The act of March 3, 1823, to carry into effect Art. IX., lain U. S. SkU. at
Ijatg^ m., 768. — Ed.
The Treaty of Limits and Navigation
firmed in all, and ea( h one of, il> arii< Ir^.
and the >(•» ond (lau^c of ihe J.'d arn\
altered by this Treaty, or ha\ing reeeivL
fere no longer valid.
With respect to the 1 5th article of the sai
Limits, and Navigation, of 1795, in whict
flag shall cover the_x>ropertv, th^ ^^^'^^ ^
agree that" this shall be sounderstood with
who recognise this 4irinciplp ; but, if eithc
parties sh^flbe at-war with a third party
the flag ortKejeutral shall CQver the pre
government acknowledge this principle, a
Article 14.
The United States hereby certify that
any compensation from France, for the inj
her privateers, consuls, and tribunals, or
ports of Spain, for the satisfaction of whi(
this treaty; and they will present an aut
prizes made, and of their true value, that
of the same, in such manner as she may
Article ic.
i8i9l MISSOURI COMPROMISE 31I
only with productions of Spanish growth or manufactures, directly
from the ports of Spain, or of her colonies, shall be admitted,
for the term of twelve years, to the ports of Pensacbla and St.
Augxi3]tijie^in .thje..ElQridas, without 'pay ing~otEer orTiigKeFdnties
on their cargoes, or of tonnage, than will be paid by the vessels
of the United States. During the said term, no other nAtiua^Aall
enjoy the same privileges within the ceded territories. The twelve
years shall commence three months after the exchange of the
rati&ations of this treaty.
Missouri Compromise
i8ao-ax
Territory of Missouri, originally a part of the Louisiana purchase, was
organized by act of June 4, 181 2. January 8, Feb. 2, and March 16, 1818,
memorials were presented in the House praying for the admission of the Ter-
ritory as a State. An enabling act was reported April 3, but there was no
further action during the session. December 18, 181 8, a memorial of the
Missouri legislature, pra)nng for admission as a State, was presented, and
Feb. 13, 1819, the House took up the enabling act of the previous session.
An amendment ofTere<i by Tallmadge, of New York, restricting the further
extension of slavery in the new State, gave rise to much discussion, but was
finally agreed to on the i6th, by two votes of 87 to 76 and 82 to 78, and on
the 17th the bill passed the House. The Senate, Feb. 27, by votes of 31 to 7
and 32 to 16, struck out the Tallmadge amendment, and on March 2 passed
the bill with amendments. The House refused to concur, and the bill was
lost. The issue was now joined on the status of slavery in Missouri. A num-
ber of northern legislatures passed resolutions endorsing the Tallmadge propo-
sition, and a large number of petitions to the same effect were transmitted to
Congress. In the i6th Congress, which met Dec. 6, 1819, the admission of
Alabama restored the balance between free and slave States. In the mean-
time, the people of the District of Maine had held a convention and drafted a
State constitution, and on Dec. 8 the memorial of the convention, praying
admission as a State, was presented to Congress. A bill for the admission of
Maine was reported in the House Dec. 21, and passed Jan. 3, 1820. A bill
to the same effect had been reported in the Senate Dec. 22, but on the receipt
of the House bill further consideration was postponed. In the Senate the
Maine bill was referred to the Committee on the Judiciary, which reported
amendments in the form of a ''rider" providing for the admission of Missouri,
without probibition of slavery. The bill as amended was taken up Jan. 13,
^ Signed: " John Quincy Adams, Luis de Onis." — Ed.
312 MISSOURI COMPROMISE [i8ao
and discussed until Feb. i6, when, by a vote of 2$ to 31, the report of the
committee was concurred in. February 3, in the course of the discussion.
Senator Thomas of Illinois submitted an amendment prohibiting slaveiy in
the territory acquired from France north of the line of 36® 30', except Mis-
souri; the amendment was withdrawn on the 7th, however, and offered again
on the i6th; on the 17th, by a vote of 34 to 10, it was adopted. On the i8th
the Maine bill, as thus amended, passed the Senate.
In the meantime, the House also had been considering the Missouri ques-
tion. December 8 the Missouri memorials presented in the previous session
had been referred to a select committee, which reported an enabling act on
the following day. The bill was taken up Jan. 25, and debated until Feb. 18.
On the 23d, so much of the Senate amendments as comprised the Missouri
enabling act was disagreed to, by a vote of 93 to 72, and the Thomas amend-
ment was rejected by a vote of 159 to 18. On the 28th the House again in-
sisted on its disagreement to the Senate amendments, the votes being 97 to
76 on the Missouri portions, and 160 to 14 on the Thomas clause. The con-
sideration of the Missouri bill was meanwhile continued. On the 26th an
amendment to the same effect as the Thomas amendment in the Senate was
rejected, and on the 29th an amendment offered by Taylor, of New York, pro-
hibiting slavery in Missouri, was concurred in by a vote of 94 to 86; March
I, by a vote of 91 to 82, the bill passed the House. In the Senate the clause
prohibiting slavery was stricken out, and the Thomas amendment inserted.
A compromise was effected by a conference committee; the Maine and Mis-
souri bills were passed separately, and slavery was permitted in Missouri, but
prohibited in the remainder of the Louisiana purchase north of 36® 30'. The
act for the admission of Maine was approved March 3, and the act authoriz-
ing Missouri to form a state government was approved March 6.
The constitution under which Missouri applied for admission contained a
clause forbidding free negroes to enter the State. The constitution was trans-
mitted to Congress at the beginning of the session, November, 1820, A reso-
lution to admit Missouri as a State was reported in the Senate Nov. 30, taken
up Dec. 4, and debated until the i3th, when it was passed. In the House
the resolution was laid on the table until Jan. 15, 1821, when it was taken up
and debated until Feb. 2, without any ag^reement being reached; it was then,
on motion of Clay, referred to a select committee of thirteen. The report of
the committee, on the loth, recommended amendments similar to those after-
wards agreed upon. On the 1 2th, after agreeing to the report, the third read-
ing was refused by a vote of 80 to 83 ; the next day a motion to reconsider
was carried, loi to 66, but, by a vote of 82 to 88, the third reading was again
refused. On the 2 2d Clay proposed the election of a joint committee to con-
sider and report on the advisability of admitting Missouri; this was agreed to
by a vote of loi to 55, and on the following day the committee was chosen.
The Senate, in the meantime, had rejected several propositions for admission,
but agreed to the plan of a joint committee by a vote of 29 to 7. The report
of the committee, in the terms of the resolution as later passed, was agreed to
by the House Feb. 26, by a vote of 87 to 81 ; the Senate agreed to the report
on the 28th, by a vote of 28 to 14; March 2 the resolution was approved.
The condition imposed by the resolution was accepted by the legislature ol
iSio] TAYLOR'S AMENDMENT 313
Missouri June a6, i8ai, and a proclamation of Aug. 10 announced the admis-
sion of Missouri as a State.
The extracts following relate chiefly to the question of slavery as involved
in the compromises.
Rkperznces. — Accompanying each of the following extracts is an indi-
cation ol the source from which it is drawn. The act for the admission of
Maine is in U. S. Stat, at Large, III., 544; the act authorizing Missouri to
form a State constitution, ib.y III., 545-548. The constitution of 1820 is in
Poore's Federal and State Constitutions , II., 1104-1117, and NiUs's Register ,
XIX., 50-57. The proceedings of Congress may be followed in the House
and Senate Journals^ i6th Cong., ist and 2d Bess.; full reports of the debates
are in the Annals; Benton's Abridgment, VI., VII.; NiUs's Register, XVII.,
XVin., XIX. The nature and effect of the compromise were much discussed
in the debates on the compromise measures of 1850 and the Kansas-Nebraska
act of z854«
No. 73. Tallmadge's Amendment
February 13, 1819
And provided, That the further introduction of slavery or invol-
untary servitude be prohibited, except for the punishment of
crimes, whereof the party shall have been fully [duly] convicted;
and that all children bom within the said State, after the admis-
sion thereof into the Union, shall be free at the age of twenty-five
years.
[Annals, 15th Cong., 2d Sess., X170.]
No. 74. Taylor's Amendment
January a6, iSao
The reading of the bill proceeded as far as the fourth section ;
when
Mr. Taylor, of New York, proposed to amend the bill by in-
corporating in that section the following provision :
Section 4, line 25, insert the following after the word "States":
"And shall ordain and establish, that there shall be neither slavery
ncMT involuntary servitude in the said State, otherwise than in the
punishment of crimes, whereof the party shall have been duly con-
\
314
MISSOURI COMPROMISE [1820
victed : Provided, always , That any person escaping into the same,
from whom labor or service is lawfully claimed in any other State,
such fugitive may be lawfully reclaimed, and conveyed to the per-
son claiming his or her labor or service as aforesaid: And pro-
vided, also, That the said provision shall not be construed to alter
the condition or civil rights of any person now held to service or
labor in the said Territory."
[AnnalSf i6th Cong., ist Sess., 947.]
No. 75, Thomas's Amendment (final form)
February 17, z8ao
And be it further enacted, That, in all that territory ceded by
France to the United States, under the name of Louisiana, which
lies north of thirty-six degrees and thirty minutes north latitude,
excepting only such part thereof as is included within the limits of
the State contemplated by this act, slavery and involuntary servi-
tude, otherwise than in the punishment of crimes whereof the
party shall have been duly convicted, shall be and is hereby for-
ever prohibited : Provided always. That any f)erson escaping into
the same, from whom labor or service is lawfully claimed in any
State or Territory of the United States, such fugitive may be law-
fully reclaimed, and conveyed to the p)erson claiming his or her
labor or service, as aforesaid.
[AnnalSf i6th Cong., ist Scss., 427, 438.]
No. 76. Report of the Conference Committee
March i, i8ao
[House of Representatives^
Mr. Holmes . . . made the following report:
1. That they recommend to the Senate to recede from their
amendments to the said bill.
2. That they recommend to the two Houses to agree to strike
out [of] the fourth section of the bill from the House of Repre-
iSao] MISSOURI ENABLING ACT 315
sentatives, now pending in the Senate, entitled "An act to au-
thorize the people of Missouri to form a constitution and State
government, and for the admission of such State into the Union
on an equal footing with the original States," the following proviso
in the following words: [here follows the Taylor amendment.]
And that the following provision be added to the bill: [here
follows the Thomas amendment.]
[Annals f i6th Cong., ist Sess., 1576, 1577.]
No. 77, Missouri Enabling Act
March 6, i8ao
An Ad to authorize the people of the Missouri territory to form a
constitution and state government^ and for the admission of such
state into the Union on an equal footing with the original states ^
and to prohibit slavery in certain territories.
Be it enacted . . . , That the inhabitants of that portion of the
Missouri territory included within the boundaries hereinafter
designated, be, and they are hereby, authorized to form for
themselves a constitution and state government, and to assume
such name as they shall deem proper; and the said state, when
formed, shall be admitted into the Union, upon an equal footing
with the original states, in all respects whatsoever.
Sec. 2. And he it further enacted y That the said state shall con-
sist of all the territory included within the following boundaries,
to wit: Beginning in the middle of the Mississippi river, on the
parallel of thirty-six degrees of north latitude ; thence west, along
that parallel of latitude, to the St. Francois river; thence up, and
following the course of that river, in the middle of the main chan-
nel thereof, to the parallel of latitude of thirty-six degrees and
thirty minutes ; thence west, along the same, to a point where the
said parallel is intersected by a meridian line passing through the
middle of the mouth of the Kansas river, where the same empties
into the Missouri river, thence, from the point aforesaid north,
along the said meridian line, to the intersection of the parallel of
latitude which passes through the rapids of the river Des Moines,
3l6 MISSOURI COMPROMISE [July 19
making the said line to correspond with the Indian boundary line;
thence east, from the point of intersection last aforesaid, along
the said parallel of latitude, to the middle of the channel of the
main fork of the said river Des Moines; thence down and along
the middle of the main channel of the said river Des Moines, to
the mouth of the same, where it empties into the Mississippi river ;
thence, due east, to the middle of the main channel of the Missis-
sippi river; thence down, and following the course of the Mississippi
river, in the middle of the main channel thereof, to the place o£
beginning: . . .
Sec. 8. And be U further enacted, That in all that territory
ceded by France to the United States, under the name of Louisi-
ana, which lies north of thirty-six degrees and thirty minutes
north latitude, not included within the limits of the state, con-
templated by this act, slavery and involuntary servitude, otherwise
than in the punishment of crimes, whereof the parties shall have
been duly convicted, shall be, and is hereby, forever prohibited:
Provided always. That any p)erson escaping into the same, from
whom labour or service is lawfully claimed, in any state or territory
of the United States, such fugitive may be lawfully reclaimed and
conveyed to the person claiming his or her labour or service as
aforesaid.
[U. S. SUU. at Large, III., 545, 546, 548.]
No, 78. Constitution of Missouri
July 19, iSao
[Art. III.] Sec. 26. The general assembly shall not have
power to pass laws —
1. For the emancipation of slaves without the consent of their
owners ; or without paying them, before such emancipation, a full
equivalent for such slaves so emancipated; and,
2. To prevent botia-fide immigrants to this State, or actual set-
tlers therein, from bringing from any of the United States, or from
any of their Territories, such persons as may there !)e deemed to
i82o] ADMISSION OF MISSOURI 317
be slaves, so long as any persons of the same description are
allowed to be held as slaves by the laws of this State.
They shall have power to pass laws —
1. To prohibit the introduction into this State of any slaves
who may have committed any high crime in any other State or
Territory ;
2. To prohibit the introduction of any slave for the purpose of
sf>eculation, or as an article of trade or merchandise;
3. To prohibit the introduction of any slave, or the offspring of
any slave, who heretofore may have been, or who hereafter may be,
imported from any foreign country into the United States, or any
Territory thereof, in contravention of any existing statute of the
United States; and,
4. To permit the owners of slaves to emancipate them, saving
the right of creditors, where the person so emancipating will give
security that the slave so emancipated shall not become a public
charge.
It shall be their duty, as soon as may be, to pass such laws as
may be necessary —
1. To prevent free negroes end [and] mulattoes from coming
to and settling in this State, under any pretext whatsoever ; and,
2. To oblige the owners of slaves to treat them with humanity,
and to abstain from all injuries to them extending to life or limb.
[Poore, Federal and State Constitutions (ed. 1877), II., 1107, 1108.]
No. 79. Resolution for the Admission of
Missouri
March 2, 1821
Resolution providing for the admission of the State of Missouri
into the Union, on a certain condition.
Resolved . . . , That Missouri shall be admitted into this union
on an equal footing with the original states, in all respects what-
ever, upon the fundamental condition, that the fourth clause of
the twenty-sixth section of the third article of the constitution
submitted on the part of said state to Congress, shall never be
construed to authorize the passage of any law, and that no law
(lamcntal condilion, and shall lr:in-niit
rnilL'd Stale-, on or l)i'f«»ri- liic founh
iu'\l, an authcnlic I opy (il llir -aiil at l ; i
the President, by [)r()claniation, shall am
upon, and without any further proceeding
the admission of the said state into this U
as complete.
[U.S.
No. 80. Monroe s Message
Monroe Doctri
December 2, 1823
The triumph of Napoleon in Spain in 1808 w:
of revolts in the Spanish colonies in America, an
had established revolutionar>' governments. In i
tion of the so-called Holy Alliance, had restored I
hb throne; and later in the year another meeting
to consider the question of aiding Spain to reduce
In the meantime, m Septemlx*r, 182 1, a Russian ul
of that country to all the Pacific coast of North
parallel, and forbidden foreigners to trade in the r
sia was opposed by both Great Britain and the I
from Great Britain, in September, 1823, "that
unite in a declaration against European interveni
however. Horlin#»/1 t~ u:. -
1823] MONROE DOCTRINE 319
I
treaty of 1824 is in Amer. State Papers ^ Foreign Relations ^ V., 434-471; the
correspondence with Spain, ib., V., 368-428, throws light on the condition of
the colonies. The policy stated by Monroe had been frequently enunciated,
though less definitely, before 1823; interesting extracts, from 1787 onwards,
are collected in Amer. History Leaflets y No. 4. The leading discussions of
the Monroe doctrine are Oilman's Monroe^ chap. 7 (with valuable bibliog-
raphy. Appendix IV.); 0.¥.T\xc\LQr*s Monroe Doctrine; Wharton's /n/tfr».
Law Digest (ed. 1887), I., 268-298; Snow's American Diplomacy ^ 237-294.
At the proposal of the Russian imperial government, made
through the minister of the Emperor residing here, a full power and
instructions have been transmitted to the Minister of the United
States at St. Petersburgh, to arrange, by amicable negotiation, the
respective rights and interests of the two nations on the northwest
coast of this continent. A similar proposal had been made by his
Imperial Majesty to the government of Great Britain, which has
likewise been acceded to. . . . In the discussions to which this
interest has given rise, and in the arrangements by which they may
terminate, the occasion has been judged proper for asserting, as a
principle in which the rights and interests of the United States are
involved, that the American continents, by the free and indepen-
dent condition which they have assumed and maintain, are hence-
forth not to be considered as subjects for future colonization by
any European powers.
It was stated at the commencement of the last session, that a
great eflfort was then making in Spain and Portugal, to improve
the condition of the people of those countries, and that it ap-
p)eared to be conducted with extraordinary moderation. It need
scarcely be remarked, that the result has been, so far, very differ-
ent from what was then anticipated. Of events in that quarter
of the globe, with which we have so much intercourse, and from
which we derive our origin, we have always been anxious and in-
terested spectators. The citizens of the United States cherish
sentiments the most friendly, in favor of the liberty and happiness
of their fellow men on that side of the Atlantic. In the wars of
the European powers, in matters relating to themselves, we have
never taken any part, nor does it comport with our policy so to
do. It is only when our rights are invaded, or seriously menaced,
that we resent injuries, or make preparation for our defence.
With the movements in this hemisphere, we are, of necessity,
and trca>ur{\ and nialurccl by the wi^florn (
citizen^, and under \vhi( h uc Ikim' cnjo)
thi> whole nation i- (kvolcd. \\\' (avc i
and to the amicable relations existing bet
and those powers, to declare, that we shou
on their part to extend their system to ai
sphere, as dangerous to our peace and sal
colonies or dependencies of any Euro|>e2
interfered, and shall not interfere. But
who have declared their independence, z
whose independence we have, on great coi
principles, acknowledged, we could not vie
the purpose of oppressing them, or control
ner, their destiny, by any European power,
as the manifestation of an unfriendly d
United States. . . .
« ♦ ♦ ♦ ♦
No, 8 1. The Bank Controv
First Annual Mes
Decembers, 1829
The charter of the Bank of the United States
i8a9l JACKSON'S FIRST MESSAGE 321
Clarolina, against paper money and the bank, and against the renewal of the
charter, were, by a vote of 89 to 66, laid on the table. May 26 Wayne ci
Georgia submitted resolutions calling on the Secretary of the Treasury for a
great variety of information about the conduct and business of the bank ; on
the 29th these were disagreed to. In the Senate the Committee on Finance,
through Smith of Maryland, reported, March 29, against any change in the
currency.
References. — Text of the message in House and Senate Jaumaisy 21st
Coog., ist Sess. ; the esctract here given is from the House Journal^ 27, 28.
For the discussions, see Cong. Debates , VI. McDuffie's report is printed as
House Rep. 358; it is also in Cong. Debates^ VI., part II., appendix, 104-133.
Smith's report is Semite Rep. 104. Documents connected with the Portsmouth
branch controversy are collected in Niles*s Register ^ XXXVII., XXXVIII.;
Ingham's "Address," in his own defence, is in »6., XLII., 315, 316. The
bank controversy as a whole is treated at length in all larger histories of the
period, and in biographies of leading statesmen of the time. Niles's Register,
XXXVII.-XLV., gives invaluable documentary material. Benton's Abridg-
ment, X.-XII., gives full reports of debates; the same author's Thirty Years'
View, I., is also of great value.
The charter of the Bank of the United States expires in 1836,
and its stockholders will most probably apply for a renewal of their
privileges. In order to avoid the evils resulting from precipitancy
in a measure involving such important principles, and such deep
pecuniary interests, I feel that I cannot, in justice to the parties
interested, too soon present it to the deliberate consideration of
the Legislature and the People. Both the constitutionality and
the exf)ediency of the law creating this Bank are well questioned
by a large portion of our fellow-citizens ; and it must be admitted
by all, that it has failed in the great end of establishing a uniform
and sound currency.
Under these circumstances, if such an institution is deemed
essential to the fiscal operations of the Government, I submit to
the wisdom of the Legislature whether a national one, founded
upon the credit of the Government and its revenues, might not be
devised, which would avoid all constitutional difficulties; and, at
the same time, secure all the advantages to the Government and
country that were expected to result from the present Bank.
322 JACKSON'S SECOND MESSAGE [Dec. ^
No, 82. The Bank Controversy: Jackson's
Second Annual Message
December 7, 1830
Little attention was paid by Congress to so much of Jackson's second
annual message as related to the Bank of the United States. December 9, in
the House, an attempt by Wayne of Georgia to have that portion of the mes-
sage referred to a select committee, instead of to the Committee of Ways and
Means, was unsuccessful, the vote being 67 to 108. February 2, 183 1, the
Senate, by a vote of 20 to 23, rejected Benton's motion for leave to bring in a
joint resolution declaring that the charter ought not to be renewed. The
result in each of these cases was a victory for the bank.
References. — Text of the message in House and Senate Journals, 21st
Cong., 2d Sess.; the extract here given is from the Senate Journal, 30, 31.
For the discussions, see Cong. Debates, or Benton's Abridgment, XI.
The importance of the principles involved in the inquiry,
whether it will be proper to recharter the Bank of the United
States, requires that I should again call the attention of Congress
to the subject. Nothing has occurred to lessen, in any degree,
the dangers which many of our citizens apprehend* from that
institution, as at present organized. In the spirit of improvement
and compromise which distinguishes our country and its institu-
tions, it becomes us to inquire, whether it be not possible to secure
the advantages afforded by the present bank, through the agency
of a Bank of the United States, so modified in its principles and
structure as to obviate constitutional and other objections.
It is thought practicable to organize such a bank, with the
necessary officers, as a branch of the Treasury Department, based
on the public and individual deposites, without power to make
loans or purchase prof)erty, which shall remit the funds of the
Government, and the expense of which may be paid, if thought
advisable, by allowing its officers to sell bills of exchange to private
individuals at a moderate premium. Not being a corporate body,
having no stockholders, debtors, or property, and but few officers,
it would not be obnoxious to the constitutional objections which
are urged against the present bank; and having no means to
operate on the hopes, fears, or interests, of large mas.ses of the
community, it would be shorn of the influence which makes that
iS^ol JACKSON'S THIRD MESSAGE 323
hank formidable. The States would be strengthened by having
in their hands the means of furnishing the local paper currency
through their own banks; while the Bank of the United States,
though issuing no paper, would check the issues of the State banks
by taking their notes in deposite, and for exchange, only so long
as they continue to be redeemed with specie. In times of public
emergency, the capacities of such an institution might be enlarged
by legislative provisions.
These suggestions are made, not so much as a recommendation,
as with a view of calling the attention of Congress to the possible
modifications of a system which can not continue to exist in its
present form without occasional collisions with the local authorities,
and perpetual apprehensions and discontent on the part of the
States and the people.
No. 83. The Bank Controversy: Jackson's
Third Annual Message
December 6, 1831
The apparent disposition of Jackson, as indicated by his third annual mes-
sage, to drop the subject of the bank was further emphasized by the annual
report of the Secretary of the Treasury, submitted Dec. 7, in which the cause
of the bank was advocated at length.
References. — Text of the message in House and Senate Journals, 2 2d
Cong., ist Sess.; the extract here given is from the Senate Journal, 17. For
Mc Lane's report, see House Exec. Doc, 3.
Entertaining the opinions heretofore expressed in relation to the
Bank of the United States as at present organized, I felt it my
duty, in my former messages frankly to disclose them, in order
that the attention of the legislature and the people should be
seasonably directed to that important subject, and that it might be
considered and finally disposed of in a manner best calculated to
promote the ends of the Constitution and subserve the public
interests. Having thus conscientiously discharged a constitutional
duty, I deem it prof)er, on this occasion, without a more particular
reference to the views of the subject there expressed, to leave it for
the present to the investigation of an enlightened people and their
representatives.
324 JACKSON'S BANK VETO [July za
No. 84. Jackson's Bank Veto
July 10, 183a
The application of the Bank of the United States for a renewal of its
charter was presented to Congress Jan. 9, 1832. In the Senate the memorial
was referred to a select committee. March 13 Dallas of Pennsylvania, for
the committee, reported a bill for a recharter of the bank; the bill was read
a second time May 22, and debated until June 11, when it passed by a vote
of 28 to 20. In the House the petition for a recharter had been referred to
the Committee of Ways and Means, which reported Feb. 10, by McDuffie of
South Carolina, a bill to renew and modify the charter. On the 23d Clayton
of Georgia moved the appointment of a select conmiittee to examine the affairs
of the bank. The motion was debated until March 14, when, with an amend-
ment offered by J. Q. Adams, it was agreed to. A majority report, to the
effect "that the bank ought not to be rechartered until the debt was all i>aid
and the revenue readjusted," was made by Clayton April 30; minority re[)orts,
defending the bank, were presented by McDuffie and Adams May 1 1 and 14.
The Senate bill was not taken up for discussion in the House until June 30;
July 3 it was passed with amendments, under suspension of the rules, by a
vote of 107 to 86. The Senate concurred in the House amendments, and
the bill went to the President, who returned it July 10 without his approval.
In the Senate, July 13, the vote on the repassage of the bill stood 22 to 19,
less than the required two-thirds ; so the bill failed. Only the most important
portions of the veto message, which is very long, are here given.
References. — Text in Senate Journal^ 22d Cong., ist Sess., 433-446;
the message is also printed as Senate Doc. 180, and House Exec, Doc. 300.
Full reports of the discussions are in the Cong. Debates^ and Benton's Abridg-
ment, XI. The text of the bank bill is in the Senate Journal, 451-453. For
Clayton's report, see House Rep. 460; the document includes the minority
reports, evidence, and papers relating to the Portsmouth controversy. Web-
ster's speeches of May 25 and 28, on the bill, are in his Works (ed. 1857),
in., 391-415; speech of July 11, on the veto, ib., III., 416-447. Clay's
speech of July 12, on the veto, is in his Life and Speeches (ed. 1844),
II., 94-105. Numerous reports and memorials relating to the bank will be
found in the House and Senate documents of this session.
... I sincerely regret, that, in the act before me, I can per-
ceive none of those modifications of the bank charter which are
necessary, in my opinion, to make it compatible with justice, with
sound policy, or with the constitution of our country. . . .
Every monopoly, and all exclusive privileges, are granted at the
expense of the public, which ought to receive a fair equivalent.
The many millions which this act proposes to bestow on the
iSja] JACKSON'S BANK VETO 325
stockholders of the existing bank, must come directly or indirectly
out of the earnings of the American people. It is due to them,
therefore, if their Government sell monopolies and exclusive
privileges, that they should at least exact for them as much as
they are worth in open market. The value of the monopoly
in this case may be correctly ascertained. The twenty-eight mil-
lions of stock would probably be at an advance of fifty per cent.,
and command in market at least forty-two millions of dollars,
subject to the payment of the present bonus. The present value
of the monopoly, therefore, is seventeen millions of dollars, and
this the act proposes to sell for three millions, payable in fifteen
annual instalments of $200,000 each. . . .
It has been urged as an argument in favor of rechartering the
present bank, that the calling in its loans will produce great
embarrassment and distress. The time allowed to close its con-
cerns is ample; and if it has been well managed, its pressure will
be light, and heavy only in case its management has been bad.
If, therefore, it shall produce distress, the fault will be its own;
and it would furnish a reason against renewing a power which has
been so obviously abused. But will there ever be a time when
this reason will be less powerful ? To acknowledge its force, is to
admit that the bank ought to be perpetual ; and, as a consequence,
the present stockholders, and those inheriting their rights as suc-
cessors, be established a privileged order, clothed both with great
political power, and enjoying immense pecuniary advantages, from
their connection with the Government.
The modifications of the existing charter, proposed by this act,
are not such, in my view, as make it consistent with the rights of
the States or the liberties of the people. The qualification of the
right of the bank to hold real estate, the limitation of its power to
establish branches, and the power reserved to Congress to forbid
the circulation of small notes, are restrictions comparatively of
little value or importance. All the objectionable principles of the
existing corporation, and most of its odious features, are retained
without alleviation. . . .
Is there no danger to our liberty and independence in a bank,
that, in its nature, has so little to bind it to our country? The
President of the bank has told us that most of the State banks
exist by its forbearance. Should its influence become concentred,
326 JACKSON'S BANK VETO [July ic
as it may under the operation of such an act as this, in the hands
of a self -elected directory, whose interests are identified with those
of the foreign stockholder, will there not he cause to tremble for
the purity of our elections in j)eace, and for the independence of
our country in war ? Their power would be great whenever they
might choose to exert it; but if this monopoly were regularly
renewed every fifteen or twenty years, on terms proposed by
themselves, they might seldom in j)eace put forth their strength
to influence elections, or control the afiFairs of the nation.
But if any private citizen or public functionary should inter-
pose to curtail its powers, or prevent a renewal of its privileges,
it cannot be doubted that he would be made to feel its influence.
Should the stock of the bank principally pass into the hands of
the subjects of a foreign country, and we should unfortunately
become involved in a war with that country, what would be our
condition? Of the course which would be pursued by a bank
almost wholly owned by the subjects of a foreign power, and
managed by those whose interests, if not affections, would run in
the same direction, there can be no doubt. All its op)erations
within, would be in aid of the hostile fleets and armies without.
Controlling our currency, receiving our public moneys, and hold-
ing thousands of our citizens in indep)endance, it would be more
formidable and dangerous than the naval and military power of
the enemy.
If we must have a bank with private stockholders, every consid-
eration of sound policy, and ever>' impulse of American feeling,
admonishes that it should be purely American. . . .
It is maintained by the advocates of the bank that its constitu-
tionality in all its features ought to be considered as settled by
precedent, and by the decision of the Supreme Court. To this
conclusion I cannot assent. Mere precedent is a dangerous source
of authority, and should not be regarded as deciding questions of
constitutional power, except where the acquiescence of the people
and the States can be considered as well settled. So far from this
being the case on this subject, an argument against the bank
might be based on precedent. One Congress, in 1791, decided
in favor of a bank; another, in 181 1, decided against it. One
Congress, in 1815, decided against a bank; another, in 1816,
decided in its favor. Prior to the present Congress, therefore,
1832] JACKSON'S BANK VETO 327
the precedents drawn from that source were equal. If we resort
to the States, the expressions of legislative, judicial, and executive
opinions against the bank, have been, probably, to those in its
favor, as four to one. There is nothing in precedent, therefore,
which, if its authority were admitted, ought to weigh in favor of
the act before me.
If the opinion of the Supreme Court covered the whole ground
of this act, it ought not to control the co-ordinate authorities of
this Government. The Congress, the Executive, and the Court,
must each for itself be guided by its own opinion of the constitu-
tion. Each public officer, who takes an oath to support the
constitution, swears that he wiU support it as he understands it,
and not as it is understood by others. It is as much the duty of
the House of Representatives, of the Senate, and of the President,
to decide upon the constitutionality of any bill or resolution which
may be presented to them for passage or approval, as it is of the
Supreme Judges when it may be brought before them for judicial
decision. The opinion of the judges has no more authority over
Congress, than the opinion of Congress has over the judges; and
on that point, the President is independent of both. The author-
ity of the Supreme Court must not, therefore, be permitted to
control the Congress or the Executive when acting in their legis-
lative cai^cities, but to have only such influence as the force of
their reasoning may deserve.
But, in the case relied upon, the Supreme Court have not
decided that all the featiu^es of this corporation are compatible
with the constitution. It is true that the court have said that the
law incorporating the bank is a constitutional exercise of power by
Congress. But, taking into view the whole opinion of the court,
and the reasoning by which they have come to that conclusion,
I understand them to have decided that, inasmuch as a bank is
an appropriate means for canying into eflfect the enumerated
powers of the General Government, therefore the law incorpo-
rating it is in accordance with that provision of the constitution
which declares that Congress shall have power "to make all laws
which shall be necessary and proper for carrying those powers
into execution." Having satisfied themselves that the word
*^ necessary" in the constitution, means '*needfuly" ** requisite"
** essential" "condticive to" and that "a bank" is a convenient,
328 JACKSON'S BANK VETO [July 10
a useful, and essential instrument, in the prosecution of the
Government's "fiscal operations," they conclude, that to "use
one must be within the discretion of Congress," and that "the
act to incorporate the Bank of the United States is a law made in
pursuance of the constitution": "but," say they, ** where the law
is not prohibited f and is really calculated to effect any of the objects
entrusted to the Government, to undertake here to inquire into the
degree of its necessity, would be to pass the line which circumscribes
the judicial department, and to tread on legislative ground,**
The principle here affirmed is, that the "degree of its neces-
sity," involving aU the details of a banking institution, is a question
exclusively for legislative consideration. A bank is constitutional ;
but it is the province of the Legislature to determine whether this
or that particular power, privilege, or exemption, is "necessary
and proper" to enable the bank to discharge its duties to the
Government; and, from their decision, there is no appeal to the
courts of justice. . . .
That a Bank of the United States, competent to all the duties
which may be required by the Government, might be so organ-
ized as not to infringe on our own delegated powers, or the
reserved rights of the States, I do not entertain a doubt.
Had the Executive been called upon to furnish the project
of such an institution, the duty would have been cheerfully
performed. In the absence of such a call, it is obviously proper
that he should confine himself to pointing out those prominent
features in the act presented, which, in his opinion, make it in-
compatible with the constitution and sound policy. A general
discussion will now take place, eliciting new light, and settling
important principles; and a new Congress, elected in the midst
of such discussion, and furnishing an equal representation of the
people according to the last census, will bear to the Capitol the
verdict of public opinion, and, I doubt not, bring this important
question to a satisfactory result. . . .
Suspicions are entertained, and charges are made, of gross
abuse and violation of its charter. An investigation unwillingly
conceded, and so restricted in time as necessarily to make it
incomplete and unsatisfactory, discloses enough to excite suspicion
and alarm. ... As the charter had yet four years to run, and
as a renewal now was not necessary to the successful prosecution
iSja] ORDINANCE OF NULLIFICATION 329
of its business, it was to have been expected that the bank itself,
conscious of its purity, .and proud of its character, would have
withdrawn its application for the present, and demanded the
severest scrutiny into all its transactions. In their declining to
do so, there seems to be an additional reason why the function-
aries of the Government should proceed with less haste, and more
caution, in the renewal of their monopoly.
The bank is professedly established as an agent of the Execu-
tive branches of the Government, and its constitutionality is
maintained on that ground. Neither upon the propriety of
piesent action, nor upon the provisions of this act, was the
Executive consulted. It has had no opportunity to say that it
neither needs nor wants an agent clothed with such powers, and
favored by such exemptions. There is nothing in its legitimate
functions which make it necessary or proper. Whatever interest
or influence, whether public or private, has given birth to this act,
it cannot be found either in the wishes or necessities of the Ex-
ecutive Department, by which present action is deemed prematiure,
and the powers conferred upon its agent not only unnecessary,
but dangerous to the Government and country. . . .
No, 85. South Carolina Ordinance of Nulli-
fication
November 24, 1832
The tarifiF act of 1828, popularly styled the "tariff of abominations/'
called out vigorous protests from the legislatures of South Carolina and
Georgia. The tari£F act of July 14, 1832, while doihg away with some of the
most objectionable features of the act of 1828, showed no signs of an abandon-
ment of the protective policy. The South Carolina election of 1832, accord-
ingly, turned on the question of calling a convention to nullify the tariff laws.
The legislature met in extra session Oct. 22 ; on the 26th, in accordance with
the suggesticm of Governor Hamilton in his message, a bill for calling a con-
vention was passed. The convention met Nov. 19. Of the 162 delegates
present, 136 favored nullification. November 24, by a vote of 136 to 26,
the Ordinance of Nullification was adopted. Addresses to the people of the
United States and of South Carolina were also issued. The legislature met
in regular session Nov. 27, and promptly passed a series of laws to give effect
to the ordinance.
Study of \' ullifiCiition in South Carol ina i^of prin
on thr ordinance, pp. io'')-ii5. 'V\\c j)rnicsts of
;igciin>t the tariff of 182S arc in MacDonald's
and 45.
An Ordinance to Nullify certain acts of th
StateSy purporting to be laws laying di
importation of foreign commodities.
Whereas the Congress of the United Sta
porting to be acts laying duties and imp
but in reality intended for the protectioi
tures, and the giving of bounties to claj
gaged in particular employments, at the e
and oppression of other classes and ind:
exempting from taxation certain foreign c
not produced or manufactured in the Ui
pretext for imposing higher and excessive
lar to those intended to be protected,
powers under the Constitution, which conf
afiford such protection, and hath violatec
intent of the Constitution, which provides
the burthens of taxation upon the severa
the confederacy; And whereas the said
just power to impose taxes and collect rev
effecting and accomplishing the specific
which the Constitution of the United Stat
1832I ORDINANCE OF NULLIFICATION 331
and, more especially, . . . [thetariff acts of 1828 and 1832] . . . ,
axe unauthorized by the Constitution of the United States, and
violate the true meaning and intent thereof, and are null, void,
and no law, nor binding upon this State, its officers or citizens;
and all promises, contracts, and obligations, made or entered into,
or to be made or entered into, with purpose to secure the duties
imposed by the said acts, and all judicial proceedings which shall
be hereafter had in affirmance thereof, are and shall be held
utterly null and void.
And it is further ordained, that it shall not be lawful for any of
the constituted authorities, whether of this State or of the United
States, to enforce the payment of duties imposed by the said
acts within the limits of this State ; but it shaU be the duty of the
Legislature to adopt such measures and pass such acts as may be
necessary to give full effect to this ordinance, and to prevent the
enforcement and arrest the operation of the said acts and parts of
acts of the Congress of the United States within the limits of this
State, from and after the ist day of February next, and the duty
of all other constituted authorities, and of all persons residing or
being within the limits of this State, and they are hereby required
and enjoined, to obey and give effect to this ordinance, and such
acts and measures of the Legislature as may be passed or adopted
in obedience thereto.
And it is further ordained, that in no case of law or equity,
decided in the courts of this State, wherein shall be drawn in
quesdon the authority of this ordinance, or the validity of such
act or acts of the Legislature as may be passed for the purpose of
giving effect thereto, or the validity of the aforesaid acts of Con-
gress, imposing duties, shall any appeal be taken or aUowed to the
Supreme Court of the United States, nor shall any copy of th^
record be permitted or allowed for that purpose; and if any such
appeal shall be attempted to be taken, the courts of this State
shall proceed to execute and enforce their judgments, according
to the laws and usages of the State, without reference to such
attempted appeal, and the person or persons attempting to take
such appeal may be dealt with as for a contempt of the court.
And it is further ordained, that all persons bow [now] holding
any office of honor, profit, or trust, civil or military, under this
State, (members oi the Legislature excepted,) shall, within such
332 ORDINANCE OF NULLIFICATION [Nov. 24
time, and in such manner as the Legislature shall prescribe, take
an oath well and truly to obey, execute, and enforce, this ordi-
nance, and such act or acts of die Legislature as may be jiassed in
pursuance thereof, according to the true intent and meaning of
the same; and on the neglect or omission of any such person or
persons so to do, his or their office or offices shall be forthwith
vacated, and shall be filled up as if such person or persons were
dead or had resigned; and no person hereafter elected to any
office of honor, profit, or trust, civil or military, (members of the
Legislature excepted,) shall, until the Legislature shall otherwise
provide and direct, enter on the execution of his office, or be in
any respect competent to discharge the duties thereof, until he
shall, in like manner, have taken a similar oath; and no juror
shall be empannelled in any of the courts of this State, in any
cause in which shall be in question this ordinance, or any act of
the Legislature passed in pursuance thereof, unless he shall first,
in addition to the usual oath, have taken an oath that he will well
and truly obey, execute, and enforce this ordinance, and such act
or acts of the Legislatiure as may be passed ta carry the same into
operation and effect, according to the true intent and meaning
thereof.
And we, the people of South Carolina, to the end that it may
be fully understood by the Govf >nmcnt of the United States, and
the people of the co-States, that we are determined to maintain
this, our ordinance and declaration, at every hazard, do further
declare that we will not submit to the application of force, on the
part of the Federal Government, to reduce this State to obedi-
ence; but that we will consider the passage, by Congress, of any
act authorizing the employment of a military or naval force against
the State of South Carolina, her constituted authorities or citizens;
or any act abolishing or closing the ports of this State, or any of
them, or otherwise obstructing the free ingress and egress of ves-
sels to and from the said ports, or any other act on the part of the
Federal Government, to coerce the State, shut up her ports,
destroy or harrass her commerce, or to enforce the acts hereby
declared to be null and void, otherwise than through the civil tri-
bunals of the country, as inconsistent with the longer continuance
of South Carolina in the Union: and that the people of .this State
will thenceforth hold themselves absolved from all further obliga.
1832I PROCLAMATION TO SOUTH CAROLINA 333
tion to maintain or preserve their political connexion with the
people A the o^er States, and will forthwith proceed to organize
a separate Government, and do all other acts and things which
sovereign and independent States may of right to do.^
No. 86. Jackson's Proclamation to the
People of South Carolina
December xo, 1832
In anticipation of the action of the South Carolina convention, Jackson
issued additional instructions to the collector at Charleston, and made prep-
arations for using the military and naval forces of the .United States if neces-
sary. The authorities of South Carolina made similar preparations. Hayne
had left the Senate to become governor of the State, his place being taken by
Calhoun, who resigned the Vice-Presidency. In his annual message of Dec.
4, 183 a, Jackson referred briefly to the state of affairs in South Carolina, and
expressed the hope that existing laws would prove sufficient for any exigency.
Oi the loth be issued the proclamation to the people of South Carolina, ex-
tracts from which follow. December ao Governor Hayne, at the request of
the legislature, issued a counter proclamation, in which, among other matters,
the interference of the President was resented, and the right of secession
affirmed. On the same day general orders, over the signature of the adjutant
general of the State, invited the services of volunteers.
Refesences. — Text in Senate Doc. 30, aad Cong., ad Sess., pp. 78-93;
the same document contains also the instructions to the collector of customs
and the United States district attorney, and the proclamation of Governor
Hayne. The resolution of the legislature of South Carolina, in response to
the proclamation, is in Niles*s Register, XLIII., 300.
[After reciting the circumstances under which the Ordinance of
Nullification was issued, and the substance of its assertions, the
proclaniation continues:]
And whereas, the said ordinance prescribes to the people of
South Carolina a course of conduct in direct violation of their
duty as citizens of the United States, ccfntrary to the laws of their
country, subversive of its Constitution, and having for its object
the destruction of the Union — that Union, which, coeval with
our political existence, led our fathers, without any other ties to
unite them than those of patriotism and a common cause, through
> The formal indorsement and the names of the signers are omitted. — Ed.
%
I 334 PROCLAMATION TO SOUTH CAROLINA [Dec. lo
a sanguinary struggle to a glorious independence — that sacred
nion, hitherto inviolate, which, perfected by ourijhappy Constitu-
tion, has brought us, by the favor of Heaven, to a state of pros-
perity at home, and high consideration abroad, rarely, if ever,
equalled in the history of nations. To preserve this bond of our
political ejtistence from destruction, to maintain inviolate this state
of national honor and prosperity, and to justify the confidence my
fellow citizens have reposed in me, I, Andrew Jackson, President
of the United States j have thought proper to issue this my PROC-
LAMATION, stating my views of the Constitution and laws appli-
cable to the measures adopted by the Convention of South Carolina,
and to the reasons they have put forth to sustain them, declaring
the course which duty wiU require me to pursue, and, appealing
to the understanding and patriotism of the people, warn them of
the consequences that must inevitably result from an observance
of the dictates of the Convention. . . .
The ordinance is founded, not on the indefeasible right of
resisting acts which are plainly unconstitutional, and too oppres-
sive to be endured; but on the strange position that any one
State may not only declare an act of Congress void, but prohibit
its execution — that they may do this consistently with the Consti-
tution — that the true construction of that instrument permits a
State to retain its place in the Union, and yet be bound by no
other of its laws than those it may choose to consider as consti-
tutional. It is true, they add, that to justify this abrogation of a
law, it must be palpably contrary to the Constitution; but it is
evident, that, to give the right of resisting la,ws of that description,
coupled with the uncontrolled right to decide what laws deserve
that character, is to give the power of resisting all laws. For, as
by the theory, there is no appeal, the reasons alleged by the State,
good or bad, must prevail. If it should be 'said that public opinion
is a sufficient check against the abuse of this power, it may be
asked why it is not deemed a sufficient guard against the passage
of an unconstitutional act by Congress? There is, however, a
restraint in this last case, which makes the assumed power of a
State more indefensible, and which does not exist in the other,
'^here are two appeals from an unconstitutional act passed by
Congress — one to the Judiciary, the other to the people and the
States. There is no appeal from the State decision in theory, and
1832] PROCLAMATION TO SOUTH CAROLINA 335
the practical illustration shows that the courts are closed against
an application to review it, both judges and jurors being sworn to
decide in its favor. But reasoning on this subject is superfluous,
when our social compact, in express terms, declares that the laws
of the United States, its Constitution, and treaties made under it,
are the supreme law of the land; and, for greater caution, adds
** that the judges in every State shall be bound thereby, anything
in the Constitution or laws of any State to the contrary notA^ith-
standing." And it may be assjerted without fear of refutation, that
no Federative Government could exist without a similar provision.
Look for a moment to the consequence. If South Carolina con-
siders the revenue laws unconstitutional, and has a right to prevent
their execution in the port of Charleston, there would be a clear
constitutional objection to their collection in every other port, and
no revenue could be collected any where ; for all imposts must be
equal. It is no answer to repeat, that an unconstitutional law is
no law, so long as the question of its legality is to be decided
by the State itself; for every law operating injuriously upon any
local interest will be perhaps thought, and certainly represented,
as unconstitutional, and, as has been shown, there is no
appeal. . . .
If the doctrine of a State veto upon the laws of the Union carries
with it internal evidence of its impracticable absurdity, our con-
stitutional history will also afford abundant proof that it would
have been repudiated with indignation had it been proposed to
form a feature in our Government. ...
I consider, then, the power to annul a law of the United States,
assumed by one State, incompatible with the existence of the y
Union, contradicted expressly by the letter of the Consti- ^
TunoN, unauthorized by its spirit, inconsistent with every
PRINCIPLE ON which IT WAS FOUNDED, AND DESTRUCTIVE OF THt
GREAT OBJECT FOR WHICH IT WAS FORMED.
After this general view of the leading principle, we must exam-
ine the particular application of it which is made in the ordinance.
The preamble rests its justification on these grounds : It assumes,
as a fact, that the obnoxious laws, although they purport to be
laws for raising revenue, were in reality intended for the protection
of manufactiues, which purpose it asserts to be unconstitutional;
that the operation of these laws is unequal; that the amount
336 PROCLAMATION TO SOUTH CAROLINA [Dec. lo
raised by them is greater than is required by the wants of the
Government; and, finally, that the proceeds are to be applied
to objects unauthorized by the Constitution. These are the only
causes alleged to justify an open opposition to the laws of the
country, and a threat of seceding from the Union, if any attempt
should be made to enforce them. The first virtually acknowledges
that the law in question was passed under a power expressly given
by the Constitution to lay and collect imposts; but its constitu-
tionality is drawn in question from the motives of those who passed
it. However apparent this purpose may be in the present case,
nothing can be more dangerous than to admit the position that an
unconstitutional purpose, entertained by the members who assent
to a law enacted under a constitutional power, shall make that
law void: for how is that purpose to be ascertained? Who is to
make the scrutiny? How often may bad purposes be falsely
imputed — in how many cases are they concealed by false pro-
fessions — in how many is no declaration of motive made ? Admit
this doctrine, and you give to the States an uncontrolled right to
decide, and every law may be annulled under this pretext. If,
therefore, the absurd and dangerous doctrine should be admitted,
that a State may annul an unconstitutional law, or one that it
deems such, it will not apply to the present case.
The next objection is, that the laws in question operate un-
equally. This objection may be made with truth, to every law
that has been or can be passed. The wisdom of man never yet
contrived a system of taxation that would operate with perfect
equality. If the unequal operation of a law makes it unconstitu-
tional, and if all laws of that description may be abrogate^ by any
State for that cause, then indeed is the Federal Constitution un-
worthy of the slightest effort for its preservation. . . .
The two remaining objections made by the ordinance to these
laws, are that the sums intended to be raised by them are greater
than are required, and that the proceeds will be unconstitutionally
employed.
The Constitution has given, expressly, to Congress the right of
raising revenue, and of determining the sum the public exigencies
will require. The States have no control over the exercise of this
right other than that which results from the power of changing the
representatives who abuse it, and thus procure redress. Congress
1832I PROCLAM.1.TION TO SOUTH CAROLINA 337
may, undoubtedly, abuse this discretionary power, but the same
may be said of others with which they are vested. Yet the dis-
cretion must exist somewhere. The Constitution has given it to
the representatives of all the people, checked by the representa-
tives of the States, and by the Executive Power. The South
Carolina construction gives it to the Legislature or the Conven-
tion of a single State, where neither the people of the difiFerent
States, nor the States in their separate capacity, nor the Chief
Magistrate elected by the people, have any representation. Which
is the most discreet disposition of the power? . . .
The ordinance, with the same knowledge of the future that
characterizes a former objection, tells you that the proceeds of
the tax will be unconstitutionally applied. If this could be ascer-
tained with certainty, the objection would, with more propriety,
be reserved for the law so applying the proceeds, but surely can
not be urged against the laws levying the duty. ...
On such expositions and reasonings, the ordinance grounds not
only an assertion of the right to annul the laws of which it com-
plains, but to enforce it by a threat of seceding from the Union if
any attempt is made to execute them.
This right to secede is deduced from the nature of the Constitu-
tion, which, they say, is a compact between sovereign States, who
have preserved their whole sovereignty, and, therefore, are subject
to no superior; that, because they made the compact, they can
break it when, in their opinion, it has been departed from by the
other States. . . .
The people of the United States formed the Constitution, acting
through the State Legislatures in making the compact, to meet
and discuss its provisions, and acting in separate Conventions
when they ratified those provisions: but the terms used in its
construction, show it to be a government in which the people of
all the States collectively are represented. . . .
The Constitution of the United States then forms a govemmenty
not a league ; and whether it be formed by compact between the
States, or in any other manner, its character is the same. It is a
government in which all the people are represented, which operates,
"dire^tlY on the people individually, not upon the States — they
retained all the power they did not grant. But each State having
expressly parted with so many powers as to constitute, jointly
z
338 PROCLAMATION TO SOUTH CAROLINA [Dec. 10
with the other States, a single nation, cannot, from that period,
possess any right to secede, because such secession does not
break a league, but destroys the unity of a nation ; and any injury
to that unity is not only a breach which would result from the
contravention of a compact, but it is an offence against the whole
Union. To say that any State may at pleasure secede from the
Union, is to say that the United States are not a nation, because
it would be a solecism to contend that any part of a nation might
dissolve its connexion with the other parts, to their injury or ruin,
without committing any offence. Secession, like any other revo-
(/ lutionary act, may be morally justified by the extremity of oppres-
sion; but to call it a constitutional right, is confounding the
meaning of terms; and can only be done through gross error, or
to deceive those who are wiUing to assert a right, but would pause
before they made a revolution, or incur the penalties consequent
on a failure.
Because the Union was formed by compact, it is said the parties
to that compact may, when they feel themselves aggrieved, depart
from it : but it is precisely because it is a compact that they cannot.
A compact is an agreement or binding obligation. It may by its
terms have a sanction or penalty for its brciach or it may not.
If it contains no sanction, it may be broken with no other conse-
quence than moral guilt: if it have a sanction, then the breach
insures the designated or implied penalty. A league between
independent nations, generally, has no sanction other than a moral
one; or if it should contain a penalty, as there is no common
superior, it cannot be enforced. A government, on the contrary,
always has a sanction, express or implied; and, in our case, it is
both necessarily implied and expressly given. An attempt, by
force of arms, to destroy a government, is an offence by whatever
means the constitutional compact may have been formed, and
such government has the right, by the law of self-defence, to pass
acts for punishing the offender, unless that right is modified,
restrained, or resumed by the constitutional act. In our system,
although it is modified in the case of treason, yet authority is
expressly given to pass all laws necessary to carry its powers into
effect, and, under this grant, provision has been made for punishing
acts which obstruct the due administration of the laws.
. . . No one, fellow citizens, has a higher reverence for th«
1832I PROCLAMATION TO SOUTH CAROLINA 339
reserved rights of the States than the magistrate who now ad-
dresses you. No one would make greater personal sacrifices,
or offidaJ exertions, to defend them from violation ; but equal care
must be taken to prevent, on their part, an improper interference
with, or resumption of, the rights they have vested in the nation.
The line has not been so distinctly drawn as to avoid doubts in
some cases of the exercise of power. Men of the best intentions
and soundest views may differ in their construction of some parts
of the Constitution ; but there are others on which dispassionate
reflection can leave no doubt. Of this nature appears to be the
assimsed right of secession. . . .
These are the alternatives that are presented by the Convention :
a repeal of all the acts for raising revenue, leaving the Government
without the means of support, or an acquiescence in the dissolu-
tion of our Union by the secession of one of its members. When
the first was proposed, it was known that it could not be listened
to for a moment. It was known, if force was applied. to oppose
the execution of the laws that it must be repelled by force ; that
Congress could not, without involving itself in disgrace and the
country in ruin, accede to the proposition: and yet if this is not
done in a given day, or if any attempt is made to execute the
laws, the State is, by the ordinance, declared to be out of the
Union. The majority of a Convention assembled for the purpose,
have dictated these terms, or rather this rejection of all terms, in
the name of the people of South Carolina. It is true that the
Governor of the State speaks of the submission of their grievances
to a Convention of all the States, which, he says, they "sincerely
and anxiously seek and desire." Yet this obvious and constitu-
tional mode of obtaining the sense of the other States on the
construction of the federal compact, and amending it, if neces-
sary, has never been attempted by those who have urged the
State on to this destructive measure. The State might have pro-
posed the call for a General Convention to the other States; and
Congress, if a sufficient number of them concurred, must have
called it. But the first magistrate of South Carolina, when he
expressed a hope that, "on a review by Congress and the func-
tionaries of the General Government, of the merits of the contro-
versy," such a Convention will be accorded to them, must have
known that neither Congress, nor any functionary of the General
340 PROCLAMATION TO SOUTH CAROLINA [Dec. lo
Government, has authority to call such a Convention, unless it be
demanded by two-thirds of the States. This suggestion, then, is
another instance of the reckless inattention to the provisions of the
Constitution with which this crisis has been madly hurried on ; or
of the attempt to persuade the people that a constitutional rem-
edy had been sought and refused. If the Legislature of South
Carolina ** anxiously desire" a General Convention to consider
their complaints, why have they not made application for it in the
way the Constitution points out? The assertion that they "ear-
nesdy seek it" is completely negatived by the omission.
This, then, is the position in which we stand. A small majority
of the citizens of one State in the Union have elected delegates to
a State Convention; that Convention has ordained that all the
revenue laws of the United States must be repealed, or that they
are no longer a member of the Union. The Governor of that
State has recommended to the Legislature the raising of an army
to carry the secession into eflfect, and that he may be empowered
to give clearances to vessels in the name of the State. No act of
violent opposition to the laws has yet been committed, but such a
state of things is hourly apprehended; and it is the inteift of
this instrument to proclaim, not only that the duty imposed on
me by the Constitution **to take care that the laws_be faithfully
executed," shall be performed to the extent of the powers already
vested in me by law, or of such others as the wisdom of Congress
shall devise and entrust to me for that purpose, but to warn the
citizens of South Carolina who have been deluded into an opposi-
tion to the laws, of the danger they will incur by obedience to the
illegal and disorganizing ordinance of the Convention ; to exhort
those who have refused to support it to persevere in their deter-
mination to uphold the Constitution and laws of their coimtry;
and to point out to all the perilous situation into which the good
people of that State have been led, and that the course they are
urged to piursue is one of ruin and disgrace to the very State whose
rights they afiFect to support. • • •
1833I ACT FOR ENFORCING THE TARIFF 341
No, 87. Act for Enforcing the Tariff
March i, 1833 ^
In his annual message of Dec. 4, 1832, Jackson suggested that "the policy
of protection must be ultimately limited to those articles of domestic manu-
facture which are indispensable to our safety in time of war " ; and the annual
report of the Secretary of the Treasury recommended a reduction of duties to
a revenue basis. December 27 Verplanck of New York reposed from the
House Committee of Ways and Means a bill to reduce the tariff. January
16, 1833, Jackson sent to Congress his message on nullification, reviewing the
progress of events in South Carolina and asking for additional legislation to
enforce the revenue laws. On the 21st a bill to enforce the collection of the
revenue was reported in the Senate by Wilkins of Pennsylvania, from the Com-
mittee on the Judiciary. The tarifif bill, sharply antagonized by protectionist
members, was meantime making its way through the House. February la
Clay introduced in the Senate a compromise tari£f bill. On the 20th the Sen-
ate passed the "force bill" by a vote of 32 to i, and on the following day took
up Clay's bill. On the 25th the House recommitted its tari£f bill, by a vote
of 95 to 54, with instructions to report the compromise tari£f in its place; on
the 26th the latter passed the House, the vote being 119 to 85. . The same
day the Senate laid Clay's bill on the table, and March i passed the House
bill, %y a vote of 29 to 16. The "force bill" passed the House March i, by
a vote of 149 to 47. In the meantime, many State legislatures had passed
resolutions against nullification. The South Carolina ordinance was to go
into efifect Feb. i, but action was deferred pending congressional settlement
of the tari£F. The passage of the compromise tariff was regarded as a sig-
nal victory by the nullifiers. The convention was summoned to meet
March 11 ; on the i8th it dissolved, after repealing the ordinance of nullifica-
tion and adopting an ordinance nullifying the "force bill."
References. — Text in U. 5. Stat, at Large ^ IV., 632-635. For the pro-
ceedings, see the House and Senate Journals^ 2 2d Cong., 2d Sess.; for the
discussions, see the Cong. Debates^ or Benton's Abridgmentf XII. Niles*s
Register f XLIII., contains abstracts of debates and numerous documents.
The message of Jan. 16 is in the Journals. The speeches of Webster and
Calhoun on the "force bill" are in the Cong. Debates , and also Calhoun's
Works (ed. 1853), II., 197-309, and Webster's Works (ed. 1857), III., 448-
505-
An Act further to provide for the collection of duties on imports.
Be it enacted . . . , That whenever, by reason of unlawful
obstructions, combinations, or assemblages of persons, it shall
become impracticable, in the judgment of the President,
to execute the revenue laws, and collect the duties on imports
in the ordinary way, in any collection district, it shall and
may be lawful for the President to direct that the custom-house
342 ACT FOR ENFORCING THLV TARIFF [March a
•
for such district be established and kept in any ii^ure place within
some port or harbour of such district, either upon land or on board
any vessel; and, in that case, it shall be the duty of the collector
to reside at such place, and there to detain all vessels and cargoes
arriving within the said district until the duties imposed on said
cargoes, by law, be paid in cash, deducting interest according to
existing laws; and in such cases it shall be unlawful to take the
vessel or cargo from the custody of the proper officer of the cus-
toms, unless by process from some Court of the United States;
and in case of any attempt otherwise to take such vessel or cargo
by any force, or combination, or assemblage of persons too great
to be overcome by the officers of the customs, it shall and may be
lawful for the President of the United States, or such person or
persons as he shall have empowered for that purpose, to employ
such part of the land or naval forces, or militia of the United\States,
as may be deemed necessary for the purpose of preventing the
removal of such vessel or cargo, and protecting the officers of the
customs in retaining the custody thereof.
Sec. 2. And be UfurUter enacted, That the jurisdiction of the
circuit courts of the United States shall extend to all cases, in law
or equity, arising under the revenue laws of the United States, for
which other provisions are not already made by law; and if any
person shall receive any injury to his person or property for or on
account of any act by him done, under any law of the United
States, for the protection of the revenue or the collection of duties
on imports, he shall be entitled to maintain suit for damage there-
for in the circuit court of the United States in the district wherein
the party doing the injury may reside, or shall be found. And
all property taken or detained by any officer or other person under
authority of any revenue law of the United States, shall be irre-
pleviable, and shall be deemed to be in the custody of the law,
and subject only to the orders and decrees of the courts of the
United States having jurisdiction thereof. And if any person
shall dispossess or rescue, or attempt to dispossess or rescue,
any property so taken or detained as aforesaid, or shall aid or
assist therein, such person shall be deemed guilty of a misde-
meanour, and shall be liable to such punishment as is provided
by the twenty-second section of the act ... [of April 30, 1790] *
^ U. S. Sial. <a Large, l^ zx2, 1x7. — Ed.
1833I ACT FOR ENFORCING THE TARIFF 343
. . . , f or the wilful obstruction or resistance of officers in the
service of process.
[Sections 3 and 4 provide for the transfer to United States
circuit courts, and trial there, of cases in State courts under the
revenue laws.]
Sec. 5. And be U further enacted, That whenever the Presi-
dent of the United States shall be officially informed, by the
authorities of any state, or by a judge of any circuit or district
court of the United States, in the state, that, within the limits of
such state, any law or laws of the United States, or the execution
thereof, or of any process from the courts of the United States, is
obstructed by the employment of military force, or by any other
unlawful means, too great to be overcome by the ordinary course
of judicial proceeding, or by the powers vested in the marshal by
existing laws, it shall be lawful for him, the President of the
United States, forthwith to issue his proclamation, declaring such
fact or information, and requiring all such military and other force
forthwith to disperse; and if at any time after issuing such proc-
lamation, any such opposition or obstruction shall be made, in
the manner or by the means aforesaid, the President shall be, and
hereby is, authorized, promptly to employ such means to suppress
the same, and to cause the said laws or process to be duly exe-
cuted, as are authorized and provided in the cases therein men-
tioned by . . . [certain military acts of February 28, 1795, and
March 3, 1807.^
Sec. 7. And be it further enacted. That either of the justices
of the Supreme Court, or a judge of any district coxurt of the
United States, in addition to the authority already conferred by
law, shall have power to grant writs of habeas corpus in all cases
of a prisoner or prisoners, in jail or confinement, where he or
they shall be committed or confined on, or by any authority or
law, for any act done, or omitted to be done, in pursuance of a
law of the United States, or any order, process, or decree, of any
judge or court thereof, any thing in any act of Congress to the
contrary notwithstanding. . . .
Sec. 8. And be it further enacted, That the several provisions
contained in the first and fifth sections of this act, shall be in
force until the end of the next session of Congress, and no longer.
' U. S. SlaS. aS Large^ I., 424, 425, and II., 443. — "Ed,
344 REMOVAL OF THE DEPOSITS [Sept. i8
Removal of the Deposits
September, 1833
By the bank charter act the immediate control of the public deposits was
vested in the Secretary of the Treasury, with the further provision that, in
case of their removal from the bank, the reasons therefor should be laid be-
fore Congress. The removal of the deposits seems to have been discussed
in administration circles soon after Jackson's second election; reports, how-
ever, did not become current until July, 1833. In May the Secretary of the
Treasury, McLane, having declined to order the removal, was transferred
to the Department of State, and Duane appointed in his place. September
18 Jackson read to the Cabinet an elaborate paper, drafted by Taney, the
Attorney-General, setting forth at length his reasons for deciding upon the
removal of the deposits after Oct. i. Although Duane was opposed to the
bank, he " refused to give the order and refused to resign " ; Sept. 23 he was
dismissed, and Taney became Secretary of the Treasury.- In the meantime
Amos Kendall, a member of the " Kitchen Cabinet," had been sent to visit
a number of eastern cities and arrange with State banks to receive the pub-
lic deposits. The first orders for removal were issued by Taney Sept. 26,
and designated the Girard Bank of Philadelphia as a place of deposit. In
October the Maine Bank of Portland and the Franklin Bank of Cincinnati
were similarly designated.
References. — Text of the paper read to the Cabinet in Niles*s Register,
XLV., 73-77; it is also in the Cong. Globe, 1833-35, I., pp. 59-62; of the
correspondence relative to the removal of the deposits, in Senate Doc. 2, 23d
Cong., ist Sess., pp. 32-36. The removal of the deposits was the principal
subject of debate in the session of Congress which met Dec. 2, 1833. Nu-
merous documents are collected in NUes's Register^ XLV., XLVI.
No. 88. Jackson's Paper read to the
Cabinet
September z8, 1833
Having carefully and an.xiously considered all the facts and
arguments, which have been submitted to him, relative to a removal
of the public deposites from the bank of the United States, the
president deems it his duty, to communicate in this manner to his
cabinet the final conclusions of his own mind, and the reasons on
which they are founded, in order to put them in durable form, and
to prevent misconceptions.
fS33l PAPER READ TO THE CABINET 345
[The paper then reviews the controversy with the bank, and
particularly the efforts to obtain a renewal of the charter, and
continues :]
The power of the secretary of the treasury over the deposites is
unqualified. The provision that he shall report his reasons to
congress, is no limitation. Had it not been inserted, he would
have been responsible to congress, had he made a removal for any
other than good reasons, and his responsibility now ceases, upon
the rendition of sufficient ones to congress. The only object of
the provision, is to make his reasons accessible to congress, and
enable that body the more readily to judge of their soundness
and purity, and thereupon to make such further pro\ision by law
as the legislative power may think proper in relation to the deposite
of the public money. Those reasons may be very diversified. It
was asserted by the secretary of the treasury without contradiction,
as early as 181 7, that he had power **to control the proceedings"
of the bank of the United States at any moment, "by changing
the deposites to the state banks," should it pursue an illiberal
course towards those institutions; that **the secretary of the treas-
ury will always be disposed to support the credit of the state banks,
and will invariably direct transfers from the deposites of the public
money in aid of their legitimate exertions to maintain their credit,"
and he asserted a right to employ the state banks when the bank
of the United States should refuse to receive on deposite the notes
of such state banks as the public interest required should be
received in payment of the public dues. In several instances he
did transfer the public deposites to state banks, in the immediate
vicinity of branches, for reasons connected only with the safety
of those banks, the public convenience and the interests of the
treasury.
If it was lawful for Mr. Crawford, the secretary of the treasury
at that time, to act on these principles, it will be difficult to dis-
cover any sound reason against the application of similar principles
in still stronger cases. And it is a matter of surprise that a power
which, in the infancy of the bank, was freely asserted as one of the
ordinary and familiar duties of the secretary of the treasury, should
now be gravely questioned, and attempts made to excite and alarm
the public mind as if some new and unheardof power was about
to be usurped by the executive branch of the government.
346 REMOVAL OF THE DEPOSITS [Sept. li
It is but a little more than two and a half years to the termina-
tion of the charter of the present bank. It is considered as the
decision of the country that it shall then cease to exist, and no
man, the president believes, has reasonable ground for expectation
that any other bank of the United States will be created by Con-
gress. ... It is obvious that any new system which may be
substituted in the place of the bank of the United States, could not
be suddenly carried into effect on the termination of its existence
without serious inconvenience to the government and the people.
Its vast amount of notes are then to be redeemed and with-
drawn from circulation, and its immense debt collected. These
operations must be gradual, otherwise much suffering and distress
will be brought upon the community. It ought to be not a work of
months only, but of years, and the president thinks it cannot, with
due attention to the interests of the people, be longer postponed.
It is safer to begin it too soon than to delay it too long.
It is for the wisdom of Congress to decide upon the best substi-
tute to be adopted in the place of the bank of the United States;
and the president would have felt himself relieved from a heavy and
painful responsibility if in the charter of the bank, congress had
reserved to itself the power of directing at its pleasure, the public
money to be elsewhere deposited, and had not devolved that
power exclusively on one of the executive departments. . . . But
as the president presumes that the charter to the bank is to be
considered as a contract on the part of the government, it is not
now in the power of congress to disregard its stipulations; and by
the terms of that contract the public money is to be deposited in
the bank, during the continuance of its charter, unless the secretary
of the treasury shall otherwise direct. . . .
The responsibility is thus thrown upon the executive branch of
the government, of deciding how long before the expiration of the
charter, the public interests will require the deposites to be placed
elsewhere. . . . and it being the duty of one of the executive
departments to decide in the first instance, subject to the futvure
action of the legislative power, whether the public deposites shall
remain in the bank of the United States until the end of its exist-
ence, or be withdrawn some time before, the president has felt
himself bound to examine the question carefully and deliberately
in order to make up his judgment on the subject: and in his
1833I PAPER READ TO THE CABINET 347
opinion the near approach of the termination of the charter, and
the public considerations heretofore mentioned, are of themselves
amply sufficient to justify the removal of thedeposites without refer-
ence to the conduct of the bank, or their safety in its keeping. . . .
[An examination of the charges against the bank follows.]
It has been alleged by some as an objection to the removal of
the deposites, that the bank has the power, and in that event will
have the disposition, to destroy the state banks employed by the
government, and bring distress upon the country. It has been
the fortune of the president to encounter dangers which were
represented as equally alarming, and he has seen them vanish
before resolution and energy. . . . The president verily believes
the bank has not the power to produce the calamities its friends
threaten. The funds of the government will not be annihilated by
being transferred. They will immediately be issued for the benefit
of trade, and if the bank of the United States curtails its loans,
the state banks, strengthened by the public deposites, will extend
theirs. What comes in through one bank, will go out through
others, and the equilibrium will be preserved. Should the bank,
for the mere purpose of producing distress, press its debtors more
heavily than some of them can bear, the consequences will recoil
upon itself, and in the attempts to embarrass the country, it will
only bring loss and ruin upon the holders of its own stock. But if
the president believed the bank possessed all the power which has
been attributed to it, his determination would only be rendered the
more inflexible. If, indeed, this corporation now holds in its
hands the happiness and prosperity of the American people, it is
high time to take the alarm. If the despotism be already upon us,
and oiu: only safety is in the mercy of the despot, recent develop-
ments in relation to his designs and the means he employs, show
how necessary it is to shake it oflF. The struggle can never come
with less distress to the people, or under more favorable allspices
than at the present moment.
All doubts as to the willingness of state banks to undertake the
service of the government, to the same extent, and on the same
terms, as it is now performed by the banks [bank] of the United
States, is put to rest by the report of the agent recently employed
to collect information ; and from that willingness, their own safety
in the operation may be confidently inferred. . . .
In conclusion the president must be ]k
looks upon the ])en(ling cjuotion a> of hiii
mere tran>fer of a >uni of mone\ from <
decision may alTect the character of ou
come. . . . Viewing it as a question of
both in the principles and consequences
could not, in justice to the responsibili
country, refrain from pressing upon the
his view of the considerations which in:
Upon him has been devolved by the con:
of the American people, the duty of sup
of the executive departments of the gov(
the laws are faithfully executed. In the
trust, it is his undoubted right to express
and his own choice have made his associs
of the government, his opinion of their du
as they arise. It is this right which he r
from him to expect or require, that any
should at his request, order or dictatioi
believes unlawful, or in his conscience
and from his fellow citizens in general,
and support, which their reason approv
sanctions.
In the remarks he has made on this
he trusts the secretary of the treasury
1833I TANEY'S INSTRUCTIONS 349
sider the proposed measure as his own, in the support of which he
shall require no one of them to make a sacrifice of opinion or
principle. Its responsibility has been assumed, after the most
mature deliberation and reflection, as necessary to preserve the
morals of the people, the freedom of the press and the purity of
the elective franchise, without which all will unite in saying that
the blood and treasure expended by our forefathers in the estab-
lishment of our happy system of government will have been vain
and fruitless. Under these convictions, he feels that a measure
so important to the American people cannot be commenced too
soon ; and he therefore names the first day of October next, as a
p)eriod proper for the change of the deposites, or sooner, provided
the necessary arrangements with the state banks can be made.
No. 89. Taney's Instructions to the Col-
lector at Philadelphia
September a6, 1833
Treasury Department,
September 26, 1833.
Sm: Believing that the public interest requires that the Bank
of the United States should cease to be the depository of the
money of the United States, I have determined to use the State
banks as places of deposites; and have selected for that purpose,
in the city of Philadelphia, the Girard Bank.
You will, therefore, present the enclosed draft of a contract to
that bank; and, upon the execution of the contract, you will
forward it to this department. You will ask the aid of the District
Attorney of the United States, who will see that the contract is
executed in due form under the corporate seal. The contract
being executed, you will then deposite all of the public money
which may come to your hands after the thirtieth day of this
present month of September, in the bank above mentioned, until
the further order of this department. You will also deposite in
the said bank, for collection, all the bonds which may hereafter
be taken for the payment of duties.
You will also call on the Bank of the United States at Philadel-
3SO REMOVAL OF THE DEPOSITS [Sept. s6
phia, and receive from it all bonds hereafter given to the United
States, which are payable on or after the first day of October
next, and deposite them for collection in the aforesaid State bank.
I send you, herewith, an order on the Bank of the United States
for that purpose.
When the contract shall have been executed by the State bank,
you will forward the enclosed letters to the collectors, at Bridge-
town, Burlington, Great Egg harbor, and Little Egg harbor, who
have heretofore deposited the money received by them in the
Bank of the United States.
You will continue to deposite as usual, in the Bank of the United
States, until the thirtieth of this present month of September,
inclusive.
You will keep a copy of the contract executed by the bank,
and, from time to time, advise this department of any thing you
may deem material to the public interest, connected with the
change of the deposites.
Your obedient servant,
R. B. Taney,
Secretary of the Treasury.
To James N. Barker, Esq.,
Collector, Philadelphia.
No. 90. Taney to the Girard Bank
September a6, 1833
Treasury Department,
September 26, 1833.
Sir: The Girard Bank has been selected by this department as
the' depository of the public money collected in Philadelphia and
its vicinity; and the collector atfphiladelphia will hand you the
form of a contract proposed to be executed, with a copy of his
instructions from this department.
In selecting your institution as one of the fiscal agents of the
Government, I not only rely on its solidity and established char-
acter, as affording a sufficient guaranty for the safety of the public
money intrusted to its keeping; but I confide also in its disposi-
i833l TANEY'S INSTRUCTIONS 35 1
lion to adopt the most liberal course, which circumstances will
admit, towards other moneyed institutions generally, and particu-
larly to those in the city of Philadelphia.
The deposites of public money will enable you to afford increased
facilities to commerce, and to extend your accomodation to indi-
\iduals ; and as the duties which are payable to the Government
arise from the business and enterprise of the merchants engaged
in foreign trade, it is but reasonable that they should be preferred
in the additional acconmiodation which the public deposites will
enable your institution to give, whenever it can be done without
injustice to the claims of other classes of the community.
I am, very respectfully.
Your obedient servant,
R. B. Taney,
Secretary of Treasury*
To the President of the Girard Bank,
Philaddphia.
No. 9^^ Taney to the Bank of the United
States
September a6, 1833
Treasury Department,
• September 26, 1833.
Sir : You will deliver to the collector at Philadelphia all bonds
to the United States, payable on or after ^he first of October next,
which may be in your possession on the receipt of this order.
I am, very respectfully,
♦ • Your obedient servant,
R. B. Taney,
Secretary of the Treasury.
Nicholas Biddle, Esq.,
President of the Bank of the United States, Philadelphia.
352 REMOVAL OF THE DEPOSITS [Sept 28
No. 92. Contract between the Girard Bank
and the United States
September aS, 1833
I St. The said bank agrees to receive, and enter to the credit o!
the Treasurer of the United States, all sums of money offered to
be deposited on account of the United States, whether offered in
gold or silver coin, in notes of the Bank of the United States or
branches, in notes of any bank which are convertible into coin in
its immediate vicinity, or in notes of any bank which it is, for the
time being, in the habit of receiving.
2. If the deposite in said bank shall exceed one-half of its capi-
tal stock actually paid in, it is agreed that collateral security, sat-
isfactory to the Secretary of the Treasury, shall be given for its
safe keeping and faithful disbursement : Provided, that, if the said
Secretary shall at any time deem it necessary, the bank agrees to
give collateral security when the deposite shall not equal one-half
the capital.
3. The said bank agrees to make weekly returns of its entire
condition to the Secretary of the Treasury, and to the Treasurer
of the United States of the state of his account, and to submit its
books and transactions to a critical examination by the Secretary,
or any agent duly authorized by him, whenever he shall require it.
This examination may extend to all the books and accounts, to
the cash on hand, and to all the acts and concerns of the bank,
except the current accounts of individuals; or as far as is admis-
sible without a violation of the bank charter.
4. The said bank agrees to pay, out of the deposite on hand, all
warrants or drafts which may be drawn upon it by the Treasurer
of the United States, and to transfer any portion of that deposite
to any other bank or banks employed by the Government within
the United States, whenever the Secretary of the Treasury may
require it, without charge to the Government for transportation or
difference of exchange, commission, or any thing else whatever;
but the Secretary of the Treasury shall give a reasonable notice of
the time when such transfer will be required.
5. The said bank agrees to render to the Government, when*
1833I AMERICAN ANTI-SLAVERY SOCIETY 353
ever reqxiired by the proper authority, all or any portion of the
services now performed by the Bank of the United States, or
which might be lawfully required of it in the vicinity of said con-
tracting bank.
6. If the Secretary of the Treasury shall think proper to employ
an agent or agents to examine and report upon the accounts and
condition of the banks in the service of the Government, or any
of them, the said bank agrees to pay an equitable proportion of
his or their expenses and compensation, according to such appor-
tionment as may be made by the said Secretary.
7. Whenever required by the Secretary of the Treasury, the
said bank agrees to furnish, with all convenient despatch, bills of
exchange on London, payable at such sight as may be required,
at the usual market price for the time being, without commission
or advance for the profit of said bank, or any charge whatsoever
beyond the actual cost; the payment of said bills to be guaranteed
by said bank.
8. It is agreed that the Secretary of the Treasury may discharge
the said bank from the service of the Government whenever, in his
opinion, the public interest may require it. In witness whereof, the
said The Girard Bank in the city of Philadelphia, has caused to be
affixed its corporate seal, attested by the signatures of its president
and cashier, on the day and year first above written.
[L.S.] Jas. Schott, President,
Wm. D. Lewis, Cashier.
No. 93. Constitution of the American
Anti-Slavery Society
December 4, 1833
A CALL for a convention to meet Dec. 4, 1833, at Philadelphia, to form an
American Anti-Slavery Society, was issued Oct. 29 over the signatures of
Arthur Tappan, Joshua Leavitt, and Elizur Wright, Jr., officers of the New
York City Anti-Slavery Society. About sixty delegates assembled at the
appointed time and adopted a constitution, together with a " Declaration of
Sentiments," the original draft of the latter being drawn by William Lloyd
Garrison.
2k
354 AMERICAN ANTI-SLAVERY SOCIETY [Dec. 4
References. — Texi in a pamphlet entitled Platform of the American
AtUi-Slavery Society and its Auxiliaries (New York, 1855), pp. 3, 4. The
fullest account of the convention is in William Lloyd Garrison: Story of his
Life told by his Children^ I., 392-415, where is also a copy of the Declaration
The Declaration is also in the pamphlet above cited. For Whittier's account,
see Atlantic Monthly, XXXlII., 166-172 (February, 1874).
Whereas the Most High God ''hath made of one blood all
nations of men to dwell on all the face of the earth," and hath
commanded them to love their neighbors as themselves;, and
whereas, our National Existence is based upon this principle^ as
recognized in the Declaration of Independence, ''that all mankind
are created equal, and that they are endowed by their Creator
with certain inalienable rights, among which are life, liberty, and
the pursuit of happiness"; and whereas, after the lapse of nearly
sixty years, since the faith and honor of the American people were
pledged to this avowal, before Almighty God and the World, nearly
one-sixth part of the nation are held in bondage by their fellow-
citizens; and whereas, Slavery is contrary to the principles of
natural justice, of our republican form of government, and of the
Christian religion, and is destructive of the prosperity of the
country, while it is endangering the peace, union, and liberties of
the States ; and whereas, we believe it the duty and interest of the
masters Immediately to emancipate their slaves, and that no scheme
of expatriation, either voluntary or by compulsion, can remove this
great and increasing evil ; and whereas, we believe that it is prac-
ticable, by appeals to the consciences, hearts, and interests of the
people, to awaken a public sentiment throughout the nation that
will be opposed to the continuance of Slavery in any part of the
Republic, and by effecting the speedy abolition of Slavery, prevent
a general convulsion; and whereas, we believe we owe it to the
oppressed, to our fellow-citizens who hold slaves, to our whole
country, to posterity, and to God, to do all that is lawfully in our
power to bring about the extinction of Slavery, we do hereby agree,
with a prayerful reliance on the Divine aid, to form ourselves into
a society, to be governed by the following Constitution : —
Article I. — This Society shall be called the American Anti-
Slavery Society.
Article II. — The objects of this Society are the entire aboli-
tion of Slavery in the United States. While it admits that each
1836] ACT TO REGULATE THE DEPOSITS 355
State, in which Slavery exists, has, by the Constitution of the
United States, the exclusive right to legislate in regard to its
abolition in said State, it shall aim to convince all our fellow-
citizens, by arguments addressed to their understandings and con-
sciences, that Slaveholding is a heinous crime in the sight of God,
and that the duty, safety, and best interests of all concerned,
require its immediate abandonmenty without expatriation. The
Society will also endeavor, in a constitutional way, to influence
Congress to put an end to the domestic Slave trade, and to abolish
Slavery in all those portions of our common country which come
under its coritrol, especially in the District of Columbia, — and
likewise to prevent the extension of it to any State that may be
hereafter admitted to the Union.
Article III. — This Society shall aim to elevate the character
and condition of the people of color, by encouraging their intel-
lectual, moral, and religious improvement, and by removing public
prejudice, that thus they may, according to their intellectual and
moral worth, share an equality with the whites, of civil and religious
privileges; but this Society will never, in any way, countenance
the oppressed in vindicating their rights by resorting to physical
force.
Article IV. — Any person who consents to the principles of
this Constitution, who contributes to the funds of this Society, and
is not a Slaveholder, may be a member of this Society, and shall
be entitled to vote at the meetings.
[The remaining six articles are purely formal.]
No. 94. Act to Regulate the Deposits
June 23, 1836
In his annual message of Dec. 7, 1835, J^l^son announced the extinguish-
ment of the national debt, and renewed the recommendation contained in his
annual message of Dec. 2, 1834, that suitable regulation of the public deposits
\yc made. In the Senate, Dec. 29, Calhoun brought in a bill for that purpose,
together with a joint resolution ''proposing an amendment to the Constitu-
tion, providing for a distribution of the surplus revenues among the several
States and Territories, until the year 1843." The joint resolution was laid
on the table MarciT 4. The bill to regulate the deposits was taken up April
3S6 ACT TO REGULATE THE DEPOSITS [June 33
ai, and debated at intervals until June 17, when, with an amendment pro-
viding for the distribution of the surplus revenue among the States, it jMisaed
by a vote of 39 to 6. The House passed the bill on the aist, by a vote of
155 to 38, with an amendment making the distributed revenue a loan to the
States, instead of a gift. In each house attempts to divide the measure were
unsuccessful. The Senate concurred in the House amendment, and June 23
the act was approved. A bill for regulating the deposits had been introduced
in the House March 21, but rei}eated efforts, to secure its consideration failed.
A supplementary act of July 4 authorized the Secretary of the Treasury to
make transfers of the public money from the banks of one State to those of
another, whenever necessary "to prevent large and inconvenient accumu-
lations in particular places, or in order to produce a due equality and just
proportion." Quarterly payments under the act were made in January,
April, and July, 1837, to the amount of $28,000,000; after that there was no
longer a surplus, and the distribution ceased. The money thus loaned to the
States was never recalled.
References. — TeoU in U. S. Stat, at Large, V., 52-56. For the proceed-
ings, see the House and Senate Journals, 24th Cong., ist Sess. ; for the discus-
sions, see Cong. Debates, or Cong. Globe, or Benton's Abridgment, XII. Web-
ster's speech of March 17, on the deposit banks, is in his Works (ed. 1857),
IV., 235-237; speech of May 31, on the surplus revenue, ib., IV., 252-264.
For Calhoun's speech of May 28, on the regulation of the deposits, see his
Works (ed. 1857), II., 534-569. The treatment of the surplus and public
deposits was discussed in the annual re]x>rt of the Secretary of the Treasury,
Dec. 6, 1836. Jackson, in his annual message of Dec. 5, criticised the de-
posit act at length. See further Bourne's History 0/ the Surplus Revenue of
1837.
An Act to regulate the deposites of the public money.
Be it enacted . . . , That it shall be the duty of the Secretary
of the Treasury to select as soon as may be practicable and employ
as the depositories of the money of the United States, such of the
banks incorporated by the several States, by Congress for the Dis-
trict of Columbia, or by the Legislative Councils of the respective
Territories for those Territories, as may be located at, adjacent
or convenient to the points or places at which the revenues may be
collected, or disbursed, and in those States, Territories or Dis-
tricts in which there are no banks, and within which the public
collections or disbursements require a depository, the said Sec-
retary may make arrangements with a bank or banks, in some
other State, Territory or District, to establish an agency, or agencies,
in the States, Territories or Districts so destitute of banks, as banks
of deposite; and to receive through such agencies such deposites
of the public money, as may be directed to be made at the points
1836I ACT TO REGULATE THE DEPOSITS 357
designated, and to make such disbursements as the public service
may require at those points; the duties and liabilities of every
bank thus establishing any such agency to be the same in respect
to its agency, as are the duties and liabilities of deposit banks
generally under the provisions of this act : Provided, That at least
one such bank shall be selected in each State and Territory, if
any can be found in each State and Territory willing to be em-
ployed as depositories of the public money, upon the terms and
conditions hereinafter prescribed, and continue to conform thereto;
and that the Secretary of the Treasury shall not suffer to remain
in any deposite bank, an amount of the public moneys more
than equal to three-fourths of the amount of its capital stock
actually paid in, for a longer time than may be necessary to enable
him to make the transfers required by the twelfth section of this
act; and that the banks so selected, shall be, in his opinion, safe
depositories of the public money, and shall be willing to undertake
to do and perform the several duties and services, and to conform
to the several conditions proscribed by this act.
Sec. 4. And be U further enacted, That the said banks, before
they shall be employed as the depositories of the public money,
shall agree to receive the same, upon the following terms and
conditions, to wit:
First. Each bank shall furnish to the Secretary of the Treasury,
from time to time, as often as he may require, not exceeding once
a week, statements setting forth its condition and business . . .
And the said banks shall furnish to the Secretary of the Treasury,
and to the Treasurer of the United States, a weekly statement of
the condition of his account upon their books. And the Secretary
of the Treasury shall have the right, by himself, or an agent ap-
pointed for that purpose, to inspect such general accounts in the
books of the bank, as shall relate to the said statements: Pro-
vided. That this shall not be construed to imply a right of inspecting
the account of any private individual or individuals with the bank.
Secondly, To credit as specie, all sums deposited therein to
the credit of the Treasurer of the United States, and to pay all
checks, warrants, or drafts, drawn on such deposites, in specie if
required by the holder thereof.
Thirdly. To give, whenever required by the Secretary of the
358 SURPLUS REVENUE [June 23
Treasury, the necessary facilities for transferring the public funds
from place to place, within the United States, and the Territories
thereof, and for distributing the same in payment of the public
creditors, without charging commissions or claiming allowance on
account of difference of exchange.
Fourthly, To render to the Government of the United States
all the duties and services heretofore required by law to be per-
formed by the late Bank of the United States and its several
branches or offices.
Sec. 5. And he it further enacted^ That no bank shall be selected
or continued as a place of deposite of the public money which
shall not redeem its notes and bills on demand in specie. . . .
Sec. 13. And he it further enactedy That the money which
shall be in the Treasury of the United States, on . . . [January i,
1837]? • • • > reserving the sum of five millions of dollars, shall be
deposited with such of the several States, in proportion to their
respective representation in the Senate and House of Representa-
tives of the United States, as shall, by law, authorize their Treas-
urers, or other competent authorities to receive the same on the
terms hereinafter specified; . . . which certificates shall express
the usual and legal obligations, and pledge the faith of the State,
for the safe keeping and repayment thereof, and shall pledge
the faith of the States receiving the same, to pay the said moneys,
and every part thereof, from time to time, whenever the same
shall be required, by the Secretary of the Treasury, for the pur-
pose of defraying any wants of the public treasury, beyond the
amount of the five millions aforesaid: . . . provided . . . , That
when said money, or any part thereof, shall be wanted by the said
Secretary, to meet appropriations by law, the same shall be called
for, in rateable proportions, within one year, as nearly as con-
venientiy may be, from the different States, with which the same
is deposited, and shall not be called for, in sums exceeding ten
thousand dollars, from any one State, in any one month, without
previous notice of thirty days, for every additional sum of twenty
thousand dollars, which may at any time be required.
Sec. 14. And he it further enacted. That the said deposites shall
be made with the said States in the following proportions, and at
2836] SPECIE CIRCULAR 359
the following times, to wit: one quarter part on . . . [January i,
^S37]> • • • or ^ soon thereafter as may be; one quarter part
on the first day of April, one quarter part on the first day of July,
and one quarter part on the first day of October, all in the same
year.
♦ ♦ ♦ ♦ ♦ ♦ «*
No. 95. Specie Circular
July II, 1836
One effect of the speculative fever which began early in 1835 was an
enormous increase in the sales of the public lands. By law, payments for
lands could be made only in gold and silver, or in notes of specie paying
banks; but a large part of the payments was in fact made in State bank notes,
which in the West had largely driven specie out of circulation. The United
States thus found that the public domain was being disposed of for a currency
of doubtful or more than doubtful value. The subject of the coinage had
been before Congress since 1834, and Jackson had declared himself in favor
of gold and silver as the "true constitutional currency." April 23, 1836,
Benton moved that thereafter " nothing but gold and silver coin ought to be
received in payment for public lands." The motion was tabled, and the ses-
sion ended without action. July 11, by direction of the President, the so-
called specie circular was issued. An inquiry into the effect of the circular was
moved by Benton Jan. 12, 1837, ^^^ ^ hill "designating and limiting the
funds receivable for the revenues of the United States" passed the Senate
Feb. lo, by a vote of 41 to 5, and the House March i, without a division,
but was vetoed by the President. By a joint resolution approved May 21,
1838, it was declared unlawful for the Secretary of the Treasury "to make
or to continue in force, any general order, which shall create any difference
between the different branches of revenue, as to the money or medium
of payment, in which debts or dues, accruing to the United States, may
be paid."
References. — Text in Senate Doc. 2, 24th Cong., 2d Sess., p. 96. The
reasons for the circular were discussed by Jackson in his annual message
of Dec. 5, 1836. Wright's report of May 16, 1838, is Senate Doc. 445, 25th
Cong., 2d Sess. Webster's speech of April 23, 1836, on Benton's motion,
is in his Works (ed. 1857), IV., 238-246; for his speech of Dec. 21 on the
circular, »&., IV., 265-291. See also Benton's Thirty Years* View, I., chaps.
146, 156. Jackson's statement of reasons for not signing the bill of 1837,
with an accompanying opinion of the Attorney-General, is in NiUs^s Register^
LII., 26, 37.
360 SPECIE CIRCULAR [July ix
Circtdar to Receivers of Public Money ^ and to the Deposite Banks
Treasuey 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 deposites, and the general evil influ-
ence 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, the President of
the United States has given directions, and you are hereby in-
structed, after the 15th day of August next, to receive in pajrment
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 re-
ceived, 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 ensure 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 deposite,
though for specie, unless signed by the Treasurer of the United
States, in conformity to the-act of April 24, 1820. .' . .
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,
1842] ASHBURTON TREATY 361
No. 96. Treaty with Great Britain
August 9, z84a
The determination of the northeastern boundary of the United States,
first defined by the treaty of 1783, had been the subject of frequent diplo-
matic corTes]x>ndence and international agreements. So much of the boun-
dary as had to dp with the St. Croix River and its source had been fixed by
commissioners under the treaty of 1794, but the claims to the "highlands"
were still unsettled. In 183 1 the award of the king of the Netherlands, under
the convention of 1827, had been rejected by both Great Britain and the
United States. "In 1838-9 the territory between New Brunswick aJtid
Maine, claimed by both parties, became the scene of a small border war.
Maine raised an armed posse, erected forts along 'the line which she claimed
as the true one, and the legislature placed $800,000 at the governor's dis-
posal for the defence of the State; an act of Congress, March 3, 1839, author-
ized the President to resist any attempt of Great Britain to enforce exclusive
jurisdiction over the disputed territory, and armed conflict was only averted
by the mediation of Gen. Scott, who arranged a truce and a joint occupation
by both parties" (Johnston). In addition to the question of boundary,
differences had also arisen between the two countries over the attempted
participation of Americans in the Canadian rebellion of 1837, and in regard
to the suppression of the slave trade. Early in 1842 Lord Ashburton was
sent to the United States as special envoy, and Aug. 9 the treaty usually
known by his name was concluded. October 13 ratifications were exchanged
at London, and Nov. 10 the treaty was proclaimed. By act of March 3,
1843, provision was made for carrying the treaty into effect.
References. — Text in U. S. SUU. at Large, VIII., 572-577. The diplo-
matic Correspondence, including that with Maine and New Hampshire, is
in House Exec. Doc. 2, 27th Cong., 3d Sess.; also Cong. Globe, 4-21. The
treaty was adversely criticised in Congress in 1846, in the discussions over
the treaty of Washington ; Webster's speech of April 6 and 7 gives a full
account of the negotiations. The speech is in the Cong. Globe, 29th Cong.,
ist Sess., and also Webster's Works (ed. 1857), V., 78-147. Calhoun's
speech on the treaty is in his Works (ed. 1854), IV., 212-237. Contrasted
English views may be seen in the Quarterly Rev., LXXI., 560-595, and
Weslm. Rev., XXXIX., 83-107. See also Wharton's Intern. Law Digest
(ed. 1887), II-» I75~i83; Senate Doc, 500, 27th Cong., 2d Sess. The act
of March 3, 1843, ^ carry the treaty into efifect is in U,S. Stat, at Large, V.,
623.
♦ ♦♦♦♦♦♦♦
Article I.
It is hereby agreed and declared that the line of boundary
shall be as follows: Beginning at the monument at the source of
362 ASHB(jRTON treaty August 5
the river St. Croix as designated and agreed to by the commis-
sioners under the fifth article of the treaty of 1794, between the
Governments of the United States and Great Britain; thence,
north, following the exploring line run and marked by the sur-
veyors of the two Governments in the years 181 7 and 1818, under
the fifth article of the treaty of Ghent, to its intersection with the
river St. John, and to the middle of the channel thereof; thence,
up the middle of the main channel of the said river St. John,
to the mouth of the river St. Francis; thence, up the middle of
the channel of the said river St. Francis, and of the lakes through
which it flows, to the outlet of the Lake Pohenagamook ; thence,
southwesterly, in a straight line, to a point on the northwest
branch of the river St. John, which point shall be ten miles dis-
tant from the main branch of the St. John, in a straight line, and
in the nearest direction — but if the said point shall be found to
be less than seven miles from the nearest point of the summit or
crest of the highlands that divide those rivers which empty them-
selves into the river St. Lawrence from those which fall into
the river St. John, then the said point shall be made to recede
down the said northwest branch of the river St. John, to a point
seven miles in a straight line from the said summit or crest;
thence, in a straight line, in a course about south, eight degrees
west, to the point where the parallel of latitude of 46® 25' north
intersects the southwest branch of the St. John's ; thence, south-
erly, by the said branch, to the source thereof in the highlands at
the Metjarmette portage ; thence, down along the said highlands
which (Uvide the waters which empty themselves into the river
St. Lawrence from those which fall into the Atlantic ocean, to
the head of Hall's stream; thence, down the middle of said
stream, till the line thus run intersects the old line of boundary
surveyed and marked by Valentine and Collins, previously to the
year 1774, as the 45th degree of north latitude, and which has
been known and understood to be the line of actual division
between the States of New York and Vermont on one side, and
the British province of Canada on the other; and from said
point of intersection, west, along the said dividing line, as here-
tofore known and imderstood, to the Iroquois or St. Lawrence
river.
184a] ASHBURTON TREATY 363
Article IL
It is moreover agreed, that, from the place where the joint
commissioners terminated their labors under the sixth article of
the treaty of Ghent, to wit: at a point in the Neebish channel,
near Muddy Lake, the line shall run into and along the ship
channel between St. Joseph and St. Tammany islands, to the
division of the channel at pr near the head of St. Joseph's island;
thence, turning eastwardly and northwardly around the lower end
of St. George's or Sugar island, and following the middle of the
channel which divides St. George's from St. Joseph's island;
thence up the east Neebish channel, nearest to St. George's
island, through the middle of Lake George; thence, west of
Jonas' island, into St. Mary's river, to a point in the middle of
that river, about one mile above St. George's or Sugar island,
so as to appropriate and assign the said island to the United
States; thence, adopting the line traced on the maps by the
commissioners, through the river St. Mary and Lake Superior, to a
p>oint north of lie Royale, in said lake, one hundred yards to the
north and east of He Chapeau, which last-mentioned island lies
near the northeastern point of He Royale, where the line marked
by the commissioners terminates; and from the last-mentioned
point, southwesterly, through the middle of the sound between He
Royale and the northwestern main land, to the mouth of Pigeon
river, and up the said river, to and through the north and south
Fowl Lakes, to the lakes of the height of land between Lake
Superior and the Lake of the Woods; thence, along the water com-
munication to Lake Saisaginaga, and through that lake; thence,
to and through Cypress Lake, Lac du Bois Blanc, Lac la Croix,
Little Vermilion Lake, and Lake Namecan,and through the several
smaller lakes, straits, or streams, connecting the lakes here men-
tioned, to that point in Lac la Pluie, or Rainy Lake, at the Chaudi-
^re Falls, from which the commissioners traced the line to the
most northwestern point of the Lake of the Woods; thence,
along the said line, to the said most northwestern point, being
in latitude 49® 23' 55^ north, and in longitude 95® 14' 38^ west
from the observatory at Greenwich ; thence, according to existing
treaties, due south to its intersection with the 49th parallel of
364 ASHBURTON TREATY [August 9
north latitude, and along that parallel to the Rocky mountains.
It being understood that all the water communications and all the
usual portages along the line from Lake Superior to ttie Lake
of the Woods, and also Grand portage, from the shore of Lake
Superior to the Pigeon river, as now actually used, shall be free
and open to the use of the citizens and subjects of both countries.
Article III.
In order to promote the interests and encourage the industry
of all the inhabitants of the countries watered by the river St.
John and its tributaries, whether living within the State of Maine
or the province of New Brunswick, it is agreed that, where, by
the provisions of the present treaty, the river St. John is declared
to be the line of boundary, the navigation of the said river shall
be free and open to both parties, and shall in no way be obstructed
by either; that all the produce of the forest, in logs, lumber,
timber, boards, staves, or shingles, or of agriculture, not being
manufactured, grown on any of those parts of the State of Maine
watered by the river St. John, or by its tributaries, of which fact
reasonable evidence shall, if required, be produced, shall have
free access into and through the said river ancl its said tributaries,
having their source within the State of Maine, to and from the
seaport at the mouth of the said river St. John's, and to and
round the falls of the said river, either by boats, rafts, or other
conveyance; that when within the province of New Brunswick;
the said produce shall be dealt with as if it were the produce
of the said province; that, in like manner, the inhabitants of the
territory of the upper St. John, determined by this treaty to belong
to Her Britannic Majesty, shall have free access to and through
the river, for their produce, in those parts where the said river
runs wholly through the State of Maine : Provided, always, That
this agreement shall give no right to either party to interfere with
any regulations not inconsistent with the terras of this treaty
which the Governments, respectively, of Maine or of New Bruns-
wick may make respecting the navigation of the said river, where
both banks thereof shall belong to the same party.
x84al ASHBURTON TREATY 365
Article IV.
All grants of land heretofore made by either party, within the
limits of the territory which by this treaty falls within the domin-
ions of the other party, shall be held valid, ratified, and confirmed
to the persons in possession under such grants, to the same extent
as if such territory had by this treaty fallen within the dominions
of the party by whom such grants were made; and all equitable
possessory claims, arising from a possession and improvement, of
any lot or parcel of land, by the person actually in possession, or
by those under whom such person claims, for more than six years
before the date of this treaty, shall, in like manner, be deemed
valid, and be confirmed and quieted by a release to the person
entitled thereto, of the title to such lot or parcel of land, so de-
scribed as best to include the improvements made thereon ; and in
all other resf)ects the two contracting parties agree to deal upon
the most liberal principles of equity with the settlers actually
dwelling upon the territory falling to them, respectively, which has
heretofore been in dispute between them.
Article V.
Whereas, in the course of the controversy respecting the disputed
territory on the Northeastern boundary, some moneys have been
received by the authorities of Her Britannic Majesty's province
of New Brunswick, with the intention of preventing depredations
on the forests of the said territory, which moneys were to be
carried to a fund called the "disputed territory fund," the proceeds
whereef, it was agreed, should be hereafter paid over to the parties
interested, in the proportions to be determined by a final settle-
ment of boundaries : It is hereby agreed, that a correct account of
all receipts and payments on the said fund shall be delivered to
the Government of the United States, within six months after the
ratification of this treaty; and the proportion of the amount due
thereon to the States of Maine and Massachusetts, and any bonds
or securities appertaining thereto, shall be paid and delivered over
to the Government of the United States; and the Government of
the United States agrees to receive for the use of, and pay over
to, the States of Maine and Massachusetts, their respective por-
366 ASHBURTON TREATY [August g
tions of said fund; and further to pay and satisfy said States,
respectively, for all claims for expenses incurred by them in pro
tecting the said heretofore disputed territory, and making a survey
thereof, in 1838; the Government of the United States agreeing,
with the States of Maine and Massachusetts, to pay them the
further sum of three hundred thousand dollars, in equal moieties,
on account of their assent to the line of boundary described in
this treaty, and in consideration of the conditions and equiva-
lents received therefor, from the Government of Her Britannic
Majesty.
[Art. VI. provides for the appointment of two commissioners to
mark the boundary between the St. Croix and the St. Lawrence.]
Article VII.
It is further agreed, that the channels in the river St. Lawrence,
on both sides of the Long Sault islands, and of Barnhart island ;
the channels in the river Detroit, on both sides of the island Bois
Blanc, and between that Lsland and both the American and Cana-
dian shores ; and all the several channels and passages between the
various islands lying near the junction of the river St. Clair with
the lake of that name, shall be equally free and open to the ships,
vessels, and boats of both parties.
Article VIII.
The parties mutually stipulate that each shall prepare, equip,
and maintain in ser\ice, on the coast of Africa, a sufficient and
adequate squadron, or naval force of vessels, of suitable numbers
and descriptions, to carry in all not less than eighty guns, to
enforce, separately and resf)ectively, the laws, rights, and obliga-
tions, of each of the two countries, for the suppression of the slave
trade; the said squadrons to be independent of each other; but
the two Governments stipulating, nevertheless, to give such orders
to the officers commanding their respective forces as shall enable
them most effectually to act in concert and co-operation, upon
mutual consultation, as exigencies may arise, for the attainment
of the true object of this article ; copies of all such orders to be
communicated by each Government to the other, respectively.
1842] ASHBURTON TREATY 367
Article IX.
Whereas, notwithstanding all efforts which may be made on the
coast of Africa for suppressing the slave trade, the facilities for
carrying on that traffic, and avoiding the vigilance of cruisers, by
the fraudulent use of flags and other means, are so great, and the
temptations for pursuing it, while a market can be found for slaves,
so strong, as that the desired result may be long delayed, unless
all markets be shut against the purchase of African negroes ; the
parties to this treaty agree that they will unite in all becoming
representations and remonstrances, with any and all Powers within
whose dominions such markets are allowed to exist ; and that they
will urge upon all such Powers the propriety and duty of closing
such markets effectually, at once and forever.
Article X.
It is agreed that the United States and Her Britannic Majesty
shall, upon mutual requisitions by them, or their ministers, officers,
or authorities respectively made, deliver up to justice all persons
who, being charged with the crime of murder, or assault with
intent to commit murder, or piracy, or arson, or robbery, or
forgery, or the utterance of forged paper, committed within the
jurisdiction of either, shall seek an asylum, or shall be found, within
the territories of the other: provided that this shall only be done
upon such evidence of criminality as according to the laws of the
place where the fugitive or person so charged shall be found,
would justify his apprehension and commitment for trial, if the
crime or offence had there been committed: and the respective
judges and other magistrates of the two Governments shall have
power, jurisdiction, and authority, upon complaint made under
oath, to issue a warrant for the apprehension of the fugitive or
person so charged, that he may be brought before such judges or
other magistrates, respectively, to the end that the evidence of
criminality may be heard and considered ; and if, on such hearing,
the evidence be deemed sufficient to sustain the charge, it shall
be the duty of the examining judge or magistrate to certify the
same to the proper Executive authority, that a warrant may issue
for the surrender of such fugitive. The expense of such appre-
y
368 ANNEXATION OF TEXAS [March i
hension and delivery shall be borne and defrayed by the party
Y^ who makes the requisition, and receives the fugitive.
Article XL
The eighth article of this treaty shall be in force for five years
from the date of the exchange of the ratifications, and afterwards
\f J until one or the other party shall signify a wish to terminate it.
V A^^^ tenth article shall continue in force until one or the other of
^7"^ parties shall signify its wish to terminate
-7 /V ♦♦♦**♦
No. 97. Joint Resolution for the Annex-
ation of Texas
March z, 1845
In 182 1 the United States of Mexico, until then a part of the Spanish pos-
sessions in America, became independent. The provinces of Coahuila and
Texas were united as a State, and in 1827 formed a constitution. In 1835
the State declared its independence of Mexico, and in 1836 proclaimed itself
the Republic of Texas. The independence of Texas was acknowledged in
1837 by the United States, Great Britain, France, and Belgium, but not by
Mexico; and in 1838 a treaty for marking the boundary between Texas and
the United States was concluded at Washington. As eariy as 1821 attempts
had been made by Americans from the southern States to gain a foothold in
Texas; but propositions by the United States in 1827 and 1829 to purchase
Texas were not accepted, and in 1830 "orders were issued to prevent any
further emigration from the United Slates." From 1843 onward annexation
became a prominent question, advocated chiefly in the South. In 1844, how-
ever, both Van Buren and Clay, respectivefy the leading Democratic and
Whig candidates for the presidency, declared against it, and a treaty for
annexation, concluded April 1 2, 1844, was rejected by the Senate. The elec-
tion of Polk was regarded as a victory for the annexation policy. Decem-
ber 12, 1844, IngersoU of Pennsylvania, chairman of the House Com-
mittee on Foreign Affairs, reported a joint resolution for annexation, which
passed the House Jan. 25, by a vote of 120 to 98. February 4, in the Senate,
Archer of Virginia, chairman of the Committee on Foreign Relations, to
which had been referred the resolution of the House, together with several
similar propositions originating in the Senate, made a report recommending
the rejection of the House resolution ^^he^^lution was, however, taken
» Signed: "Danl. Wel»tSriVI"''^on." — Ed.
i845l ANNEXATION OF TEXAS 369
up by the Senate Feb. 13, and considered daily until the 37th, when it passed,
in an amended form, without a division, the vote on the third reading being
27 to 25. On the 28th, by a vote of 134 to 77, the House concurred in the
Senate amendments, and March i the resolution was approved. The terms
proposed were agreed to by the Congress of Texas June 18, and by a con-
vention at Austin July 4. A State constitution was ratified Oct. 13, by popu-
lar vote, and by joint resolution of Dec.' 29 Texas was admitted as a State.
The area acquired by the annexation was 371,063 square miles.
References. — Text in U. 5. StaL at Large, V., 797, 798. For the pro-
ceedings of Congress, see the House and Senate Journals^ 28th Cong., 2d
Sess.; for the debates, see the Cong. Globes or Benton's Abridgment, XV.
For the diplomatic correspondence, etc., see Senate Doc. i, 13 and 30, 28th
Cong., 2d Sess., and Senate Doc. i, 29th Cong., ist Sess. Archer's report
is Senate Doc. 79, 28th Cong., 2d Sess.
Joint Resolution far anneodng Texas to the United States.
Resolved . . . , That Congress doth consent that the territory
properly included within, and rightfully belonging to the Republic
of Texas, may be erected into a new State, to be called the State
of Texas, with a republican form of government, to be adopted by
the people of said republic, by deputies in convention assembled,
with the consent of the existing government, in order that the
same may be admitted as one of the States of this Union.
2. And be it further resolved, That the foregoing consent of
Congress b given upon the following conditions, and with the
following guarantees, to wit : First, Said State to be formed, sub-
ject to the adjustment by this government of all questions of
boundary that may arise with other governments; and the con-
stitution thereof, with the proper evidence of its adoption by the
people of said Republic of Texas, shall be transmitted to the
President of the United States, to be laid before Congress for
its final action, on or before the first day of January, one
thousand eight hundred and forty-six. Second, Said State,
when admitted into the Union, after ceding to the United
States, all public edifices, fortifications, barracks, ports and
harbors, navy and navy-yards, docks, magazines, arms, arma-
ments, and all other property and means pertaining to the public
defence belonging to said Republic of Texas, shall retain all the
public funds, debts, taxes, and dues of every kind, which may be-
long to or be due and owing said republic ; and shall also retain
all the vacant and unappropriated lands lying within its limits, to
2B
370 ANNEXATION OF TEXAS [March i
be applied to the payment of the debts and liabilities of said Re-
public of Texas, and the residue of said lands, after discharging
said debts and liabilities, to be disposed of as said State may
direct; but in no event are said debts and liabilities to become a
charge upon the Government of the United States. Third. New
States, of convenient size, not exceeding four in number, in addi-
tion to said State of Texas, and having sufficient population, may
hereafter, by the consent of said State, be formed out of the terri-
tory thereof, which shall be entitled to admission under the pro-
visions of the federal constitution. And such States as may be
formed out of that portion of said territory lying south of thirty-
six degrees thirty minutes north latitude, commonly known as the
Missouri compromise line, shall be admitted into the Union with
or without slavery, as the people of each State asking admission
may desire. And in such State or States as shall be formed out
of said territory north of said Missouri compromise line, slavery,
or involuntary servitude, (except for crime,) shall be prohibited.
3. And be it further resolved, That if the President of the
United States shall in his judgment and discretion deem it most
advisable, instead of proceeding to submit the foregoing resolution
to the Republic of Texas, as an overture on the part of the United
States for admission, to negotiate with that Republic; then.
Be it resolved, That a State, to be formed out of the present
Republic of Texas, with suitable extent and boundaries, and with
two representatives in Congress, untU the next apportionment of
representation, shall be admitted into the Union, by virtue of this
act, on an equal footing with the existing States, as soon as the
terms and conditions of such admission, and the cession of the
remaining Texian territory to the United States shall be agreed
UF)on by the Governments of Texas and the United States: And
that the sum of one hundred thousand dollars be, and the same
is hereby, appropriated to defray the exp)enses of missions and
negotiations, to agree upon the terms of said admission and ces-
sion, either by treaty to be submitted to the Senate, or by articles
to be submitted to the two houses of Congress, as the President
may direct
1846I MEXICAN WAR 37 1
No. 98. Act for the Prosecution of the
Mexican War
May 13, 1846
A BILL authorizing the President to accept the services of volunteers in
certain cases had been introduced in the House early in the session of 1845-46,
but no further action in reference to it had been taken. On the receipt of
Polk's war message of May 1 1 the bill was at once taken up, a new first sec-
tion and preamble substituted, and, with further amendments and a changed
title, the bill passed the same day, by a vote of 174 to 14. In the Senate, the
following day, a motion to strike out the preamble was lost, 18 to 28, and
the bill, with a slight amendment, was passed, the vote being 40 to 2. On the
13th the House concurred in the Senate amendment, the act was approved,
and a proclamation by the President was issued.
References. — Text in U. 5. SkU. at Large^ IX., 9, 10. The brief pro-
ceedings and debates may be followed in the Journals and Cong, Ghbe, 29th
Cong., ist Sess., or Benton's Abridgment, XV. The political causes and
aspects of the Mexican war, and its significance in connection with the slavery
controversy, are discussed at length in general histories of the period and in bi-
ographies of contemporary public men. See also Webster's Works (ed. 1857),
v., 253-261, 271-301; Calhoun's Works (ed. 1854), IV., 303-327, 396-424.
An Aci providing for the Prosecution of the existing War between
the United States and tlie Republic of Mexico.
Whereas, by the act of the Republic of Mexico, a state of war
exists between that Government and the United States:
Be it enacted . . . , That, for the purpose of enabling the gov-
ernment of the United States to prosecute said war lojL4geed^
and successful termination, the President be, and he is hereby,
authorized to employ thelnilitia, naval, and military forces of the
United States, and to call for and accept the services of any num-
Ijer of volunteers, not e.xceeding fifty thousand, who may offer
their services, either as cavalry, artillery, infantry, or riflemen, to
serve twelve months after they shall have arrived at the place of
rendezvous, or to the end of the war, unless sooner discharged,
according to the time for which they shall have been mustered
into service; and that the sum of ten millions of dollars, out of
any moneys in the treasury, or to come into the treasury, not
otherwise appropriated, be, and the same is hereby, appropriated
for the purpose of carrying the provisions of this act into eflFect.
}
372 TREATY WITH GREAT BRITAIN [June 15
Sec. 8. And be U furtlter enacted^ That the President of the
United States be, and he is hereby, authorized forthwith to com-
plete all the public armed vessels now authorized by law, and to
purchase or charter, arm, equip, and man, such merchant vessels
and steam-boats as, upon examination, may be found fit, or easily
converted into armed vessels fit for the public service, and in
such number as he may deem necessary for the protection of the
seaboard, lake coast, and the general defence of the country.
♦ ♦♦♦♦♦*♦
No. 99. Treaty with Great Britain
June 15, X846
So much of the northern boundary of the United States as lay between the
Lake of the Woods and the Rocky Mountains had been fixed by the Ash-
burton treaty of 184a; west of the mountains, however, the boundary was still
undetermined. By virtue of the discovery of the Mississippi, France had
claimed all the region west of that river as far as the Pacific; and this claim,
of doubtful value at best, had passed to the United States upon the purchase
of Louisiana in 1803. The region known as Oregon was also claimed by the
United States, on the ground of Gray's discovery of the Columbia River in
1 791. Oregon was also claimed by Great Britain; but by a convention of
Oct. 20, 18 18, the two countries agreed to a joint occupancy of the country
for ten years, without prejudice to the rights of either party. By the treaty erf
1819 between the United States and Spain, the latter accepted the 42d
parallel as the northern limit of its possessions on the Pacific coast ; while by
treaties of 1824 with the United States, and of 1825 with Great Britain, the
southern limit of the Russian possessions was fixed at 54^ 40'. The " Oregon
country," therefore, was the region between 42® and 54® 40', and west of the
Rocky Mountains. The convention of 18 18 was continued indefinitely Aug.
6, 1827, but made terminable by either party after Oct. 20, 1828, on twelve
months' notice. In the presidential campaign of 1844 the Democratic plat-
form demanded "the re-occupation of Oregon, and the re-annexation of
Texas, at the earliest practicable period," the intention being, of course, to
use Oregon as a political offset to Texas. A bill to organize a territorial gov-
ernment for Oregon, with the line of 54° 40' as the northern limit, passed the
House Feb. 3, 1845, but the Senate refused to consider it because slavery was
to be prohibited in the proposed territory. A joint resolution of April 27,
1846, authorized the President, at his discretion, to give the required notice
of withdrawal from the agreement of 1827 with Great Britain. The matter in
dispute was finally settled by the treaty of June 15, 1846, although, owing to
1846] TREATY WITH GREAT BRITAIN 373
the disagreement of the commissioners under the treaty, a portion of the water
boiundary remained undetermined until 187 1.
References. — Text in U. S. Stat, at Large, IX., 869-870. The message
of the President transmitting the treaty and correspondence, together with
the proceedings of the Senate, are in Senate Doc. 489, a9th Cong., ist Sess.,
and Cong. Gldbe, Appendix, 1x68-1178; see also Senate Doc. z, pp. 138-192,
and Senate Doc. 117.
♦ ♦♦♦♦♦♦♦
Article I.
From the point on the forty-ninth parallel of north latitude,
where the boundary laid down in existing treaties and conventions
between the United States and Great Britain terminates, the line
of boundary between the territories of the United States and
those of her Britannic Majesty shall be continued westward along
the said forty-ninth parallel of north latitude to the middle of the
channel which separates the continent from Vancouver's Island,
and thence southerly through the middle of the said channel, and
of Fuca's Straits, to the Pacific Ocean: Pravidedy however^ That
the navigation of the whole of the said channel and straits, south
of the forty-ninth parallel of north latitude, remain free and open
to both parties.
Article II.
From the point at which the forty-ninth parallel of north lati-
tude shall be found to intersect the great northern branch of the
Columbia River, the navigation of the said branch shall be free
and open to the Hudson's Bay Company, and to all British subjects
trading with the same, to the point where the said branch meets
the main stream of the Columbia, and thence down the said main
stream to the ocean, with free access into and through the said
river or rivers, it being understood that all the usual portages along
the line thus described shall, in like manner, be free and open.
In navigating the said river or rivers, British subjects, with their
goods and produce, shall be treated on the same footing as citizens
of the United States; it being, however, always understood that
nothing in this article shall be construed as preventing, or intended
to prevent, the government of the United States from making
any regulations respecting the navigation of the said river or rivers
not inconsbtent with the present treaty.
374 INDEPENDENT TREASURY ACT [August 6
Article III.
In the future appropriation t)f the territory south of the forty-
ninth parallel of north latitude, as provided in the first article of
this treaty, the possessory rights of the Hudson's Bay Company,
and of all British subjects who may be already in the occupation
of land or other property lawfully acquired within the said terri-
tory, shall be respected.
Article IV.
The farms, lands, and other property of every description, be-
longing to the Puget's Sound Agricultural Company, on the north
side of the Columbia River, shall be confirmed to the said com-
pany. In case, however, the situation of those farms and lands
should be considered by the United States to be of public and po-
litical importance, and the United States government should
signify a desire to obtain possession of the whole, or of any part
thereof, the property so required shall be transferred to the said
government, at a proper valuation, to be agreed upon between the
parties.
♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦!
No. 100. Independent Treasury Act
August 6, X846
The passage of the act of July 4, 1840, "to provide for the collection, safe
keeping, transfer, and disbursement of the public revenue," seemed to mark
the final success of the so-called indei>endent treasury plan, which had been
several times urged by the President, and twice rejected by the House in the
twenty-fifth Congress. The success of the Whigs, however, in the election of
1840, was followed, Aug. 13, 1841, by the repeal of the act; while the veto of
two successive bank bills by President Tyler, in the same year, led to the
immediate resignation of the members of the Cabinet, with the exception of
Webster, and to a formal repudiation of Tyler by the Whigs. From 1841 to
1846 the custody of the public funds devolved u]X)n the Treasury Department
without special regulation by law. December 19, 1845, a bill embod3dng the
general features of the independent treasury act of 1840 was reported in the
House. The bill was taken up March 30, and passed April 2 by a vote pi 133
* Signed: "James Buchanan, Richard Pakenham." — Ed.
1846] INDEPENDENT TREASURY ACT 375
to 67. It was not reported in the Senate until June 8, aqd was not further
considered until July 2g\ Aug. i the bill passed the Senate, the vote being
28 to 25. The amendments of the Senate were agreed to by the House Aug. 5,
and on the 6th the act was approved.
References. — Texi'in U. 5. Stcl. at Large^ IX., 59-66. For the pro-
ceedings, see the House and Senate Journals^ aQth Cong., ist Sess.; for the
debates, see the Cong. Globe, or Benton's Abridgment, XV. The act of 1840
is in U.S. Stat, at Large, V., 385-392. On the treatment of the public money
after 1841, see House Exec. Doc. 123, 27th Cong., 2d Sess. Webster's speech
of Aug. I, 1846, is in his Works (ed. 1857), V., 244-252. For Clay's speeches
on the various sub-treasury plans, see his Life and Speeches (ed. 1844), II.,
279-303, 310-349, 384-405, 432-436; for his speech on Tyler's bank vetoes,
*6., II., 485-507. See also Kinley's Independent Treasury, chap. 2.
An Act h provide for the better Organization of the Treasury ^ and
for the Collection, Safe-Keeping, Transfer, and Disbursement of
the public Revenue,
Be it enacted . . . , That the rooms prepared and provided in
the new treasury building at the seat of government for the use
of the treasurer of the United States, his assistants, and clerks,
and occupied by them, and also the fireproof vaults and safes
erected in said rooms for the keeping of the public moneys in the
f)ossession and under the immediate control of said treasurer, and
such other apartments as are provided for in this act as places of
deposit of the public money, are hereby constituted and declared
to be the treasury of the United States. And all moneys paid
into the same shall be subject to the draft of the treasurer, drawn
agreeably to appropriations made by law.
[Sections 2-4 provide that the mint at Philadelphia, the branch
mint at New Orleans, and the places provided for at New York,
Boston, Charleston, and St. Louis, under the act of July 4, 1840,
for the use of receivers-general of public money, shall be places of
deposit.]
Sec. 5. And be it further enacted, That the President shall
nominate, and by and with the advice and consent of the Senate
appoint, four officers to be denominated ** assistant treasurers of
the United States," which said officers shall hold their respective
offices for the term of four years, unless sooner removed there-
from; one of which shall be located at the city of New York
. . . ; one ... at the city of Boston . . . ; one ... at the
city of Charleston . . . ; and one other at St. Louis . . •
otTiccrs of whalsocvcT chanuter, he, aiK
to keep >;ifely, without hiaiiiiiLT, um'hl
exchaui^ini; for olluT fuii<l^ lluiu a- al
public money collected by them^ or oth
in their possession and custody, till th
proper department or officer of the gov
or paid out; and when such orders fo
received, faithfully and promptly to m
and to do and perform all other duties i
ernment which may be imposed by this
gress, or by any regulation of the trea
conformity to law ; and also to do and p
required by law, or by direction of any
ments of the government, as agents fo
making any other disbursements whic
these departments may be required by la
of a character to be made by the deposi
consistently with the other official dutie:
^r ^^ ^^ ^^ ^P
Sec. 9. And be U further enacted ^ T
ceix^rs of public money, of every ch
within the District of Columbia, shall, a
be directed by the Secretary of the Trej
General so to do, pay over to the treasu
at the treasury, all public monevs rollpf
1846] TREATY WITH MEXICO 377
spectively, all the public moneys collected by them, or in their
hands, to be safely kept by the said respective depositaries untQ
otherwise disposed of according to law; and it shall be the duty
of the said Secretary and Postmaster-General respectively to
direct such payments by the said collectors and receivers at all
the said places, at least as often as once in each week, and as
much more frequently, in all cases, as they in their discretion may
think proper.
♦ ♦♦♦♦♦♦♦
Sec. 18. Be U further enacted^ That on . . . [January i, 1847]
. . . , and thereafter, all duties, taxes, sales of public lands, debts,
and sums of money accruing or becoming due to the United
States, and also all sums due for postages or otherwise, to the
general post-office department, shall be paid in gold and silver
coin only, or in treasury notes issued under the autM)rity of the
United States. . . .
Sec. 19. And he it further enacted, T\i2Li on \ . . [April i, 1847]
. . . , and thereafter, every officer or agent engaged in making
disbursements on account of the United States, or of the general
post-office, shall make all payments in gold and silver coin, or in
treasury notes, if the creditor agree to receive said notes in pay-
ment. ...
♦ ♦♦♦♦♦♦♦
No. 1 01. Treaty with Mexico
February 2, 1848
The treaty which closed the Mexican war was negotiated on the part of
the United States by N. P. Trist, who, previous to his appointment as com-
missioner and confidential agent, had been chief clerk of the Department of
State. He was instructed "to demand the cession of New Mexico and Cali-
fornia in satisfaction of claims against Mexico." He left Washington April
16,1847, and arrived at Vera Cruz, the headquarters of the United States army,
May 6. November 16 he received a letter of recall, but disregarded it, and
Feb. 2, 1848, concluded with Mexico the treaty of Guadalupe Hidalgo. Trist
remained in Mexico until April 8, when an order for his arrest compelled
him to leave. The treaty was sent to the Senate Feb. 23, and ratified by that
body, with ameftdments, March 10, by a vote of 38 to 14. The suggested
amendments were accepted by Mexico, and May 30 ratifications were ez-
,
an* in Ilousr lixrc. Par. 40, 5f). ho. hg, .uul ;
treat V, sec Ilousr I\xrr. Por. ^o, ;^o\h Coiis^.. 2
Trist. Srniitr Rrp. jfii. 4 1 -t (''»:il^., JiI Sc-^.
mav 1h' followf'i in C'o)!'^. ii'ohr, ;j[h Coiil;;.,
also Wharton's Intern. Law Digest (^cd. 18S7),
^^ ^^ ^^ ^^ ^^
Article I.
There shall be firm and universal f
States of America and the Mexican rc]
respective countries, territories, cities, to
exception of places or persons.
♦ ♦ ♦ ♦ ♦
Article V.*
The boundary line between the, two i
in the Gulf of Mexico, three leagdes from
of the Rio Grande, otherwise called I
opposite the mouth of its deepest brand
than one branch emptying directly into
the middle of that river, following the (
has more than one, to the point when
boundary of New Mexico; thence, wesi
southern boundary of New Mexico (whic
called Paso) to its western termination ;
the western line of New Mexico until \t \
1848] TREATY WITH MEXICO 379
Article VI.*
The vessels and citizens of the United States shall, in all time,
have a free and uninterrupted passage by the Gulf of California,
and by the river Colorado below its confluence with the Gila,
to and from their possessions situated north of the boundary line
defined in the preceding article; it being understood that this
passage is to be by navigating the Gulf of California and the River
Colorado, and not by land, without the express consent of the
Mexican government.
If, by the examinations which may be made, it should be ascer-
tained to be practicable and advantageous to construct a road,
canal, or railway, which should in whole or in part run upon the
River Gila, or upon its right or its left bank, within the space of
one marine league from either margin of the river, the govern-
ments of both republics will form an agreement regarding its
construction, in order that it may serve equally for the use and
advantage of both countries.
Article VII.'
The River Gila, and the part of the Rio Bravo del Norte lying
below the southern boundary of New Mexico, being, agreeably to
the fifth article, divided in the middle between the two republics,
the navigation of the Gila and of the Bravo below said boundary
shall be free and common to the vessels and citizens of both
countries; and neither shall, without the consent of the other,
construct any work that may impede or interrupt, in whole or in
part, the exercise of this right; not even for the purpose of favor-
ing new methods of navigation. Nor shall any tax or contribution,
under any denomination or title, be levied upon vessels, or persons
navigating the same, or upon merchandise or effects transported
thereon, except in the case of landing upon one of their shores.
If, for the purpose of making the said rivers navigable, or for
maintaining them in such state, it should be necessary or advan-
tageous to establish any tax or contribution, this shall not be done
without the consent of both governments.
* Amended by Article IV. of the treaty of Dec. 30, 1853. — Ed.
' Amended by Article IV. of the treaty of Dec. 30, 1853. — Ed.
xw..tiiiuv »viicie iiicv now reside, or to re
Mexican re|)ui)li(", retaining the properl
the saifl territories, or (h'^[)osiiii^ there* ►{.
ceeds wlierever they i)lease, without their
account, to any contribution, tax, or chai
Those who shall prefer to remain in
either retain the title and rights of Mex
those of citizens of the United States. Bl
obligation to make their election within
of the exchange of ratifications of this trea
remain in the said territories after the
without having declared their intention t(
Mexicans, shall be considered to have el<
of the United States.
In the said territories, property of eve
to Mexicans not established there, shall
The present owners, the heirs of these,
may hereafter acquire said property by cc
req)ect to it guaranties equally ample as i
dtizens of the United States.
Article IX.^
Mexicans who, in the territories afo
1848] • TREATY WITH MEXICO 381
tion; and in the mean time shall be maintained and protected
in the free enjoyment of their liberty and property, and secured in
the free exercise of their religion without restriction.
[Article X., relating to Mexican land grants in the ceded terri-
tory, was stricken out by the Senate (see protocol, May 26, 1848).
Article XI., binding the United States to prevent Indian incursions
into Mexican territory, and to restore Mexican prisoners taken by
Indians, was abrogated by Article II. of the treaty of Dec. 3O1
1853.]
Article XII.
In consideration of the extension acquired by the boundaries
of the United States, as defined in the fifth article of the present
treaty, the government of the United States engages to pay to
that of the Mexican republic the sum of fifteen millions of
dollars. • . .
Article XIII.
The United States engage, moreover, to assume and pay to the
claimants all the amounts now due them, and those hereafter
to become due, by reason of the claims already liquidated and
decided against the Mexican republic, under the conventions
between the two republics severally concluded on . . . [April 11,
1839, and January 30, 1843] • • •
Article XIV.
The United States do furthermore discharge the Mexican re-
public from all claims of citizens of the United States, not hereto-
fore decided against the Mexican government, which may have
arisen previously to the date of the signature of this treaty; which
discharge shall be final and perpetual, whether the said claims be
rejected or be allowed by the board of commissioners provided
for in the following article, and whatever shall be the total amount
of those allowed.
Article XV.
The United States, exonerating Mexico from all demands on
account of the claims of their citizens mentioned in the preceding
article, and considering them entirely and forever cancelled, what'
commerce, and navii^ation of April 5,
Slatt'S of Anu'rlca an<l the riiilcd Mc:
additi'iiKil arlit k-, and r\(rj»l m> far a
said treaty may be incompatible with :
in the present treaty;" subject, howev
after on one year's notice by either part
Article XXI.
K unhappily any disagreement should
the governments of the two republics, wl
interpretation of any stipulation in this 1
any other particular concerning the ix)litici
of the two nations, the said government
nations, do promise to each other that th
most sincere and earnest manner, to settle
and to preserve the state of peace and
two countries are now placing themselv<
mutual representations and pacific negotii
means, they should not be enabled to C(
resort shall not, on this account, l>e had to
hostility of any kind, by the one rei)ublic
the Government of that which deems its
maturely considered, in the spirit of pea
ship, whether it would not be better tha
be settled hv thp nrK^^rofJ'^« ^f ---*
i8so] COMPROMISE OF 1850 383
Compromise of 1850
August 8, 1846, in the debate in the House on the bill appropriating
$a,ocx:>,ooo to purchase territory from Mexico, Wilmot of Pennsylvania
moved as an amendment the proviso "that, as an express and fundamental
condition to the acquisition of any territory from the Republic of Mexico by
the United States, by virtue of any treaty which may be negotiated between
them, and to the use by the Executive of the moneys herein appropriated,
neither slavery nor involuntary servitude shall ever exist in any part of said
territory, except for crime, whereof the party shall first be duly convicted."
The amendment was not accepted, and later attempts to engraft the proviso
upon bills to organize the Territory of Oregon failed. In 1848 a bill to
organize the Territories of Oregon, New Mexico, and California, with a pro-
vision "that all questions concerning slavery in those Territories should be
referred to the United States Supreme Court for decision," passed the Senate,
but failed in the House. The act of Aug. 14, 1848, organizing the Territory
of Oregon, applied to the new Territory the provisions of the articles of com-
pact in the Ordinance of 1787. A bill to establish territorial governments in
New Mexico and California, with the Wilmot proviso, passed the House in
1S49, ^ut ^^^ "^^ acted on in the Senate. Later in the session, the Senate
attempted to provide for the organization of the two Territories by means of
a "rider" on the general appropriation bill, but the attempt was defeated in
the House.
In May, 1848, the Democratic National Convention had rejected, 36 to
216, a resolution offered by Yancey of Alabama, "That the doctrine of non-
interference with the rights of property of any portion of the people of this
confederacy, be it in the States or Territories thereof, by any other than the
parties interested in them, is the true republican doctrine, recognized by this
body." The doctrine of "squatter sovereignly" embodied in this resolution
now began to be urged in opposition to the doctrine of the Wilmot proviso,
and the issue was joined on the question of prohibiting slavery in the new
Territories, or allowing the people of each Territory to establish or exclude
slavery as they might see fit.
In June, 1849, ^^^ people of California adopted a State constitution pro-
hibiting slavery. In his annual message of Dec. 4, President Taylor recom-
mended the admission of California, but suggested the advisability of awaiting
p»opular action in New Mexico before legislating for the organization of that
region. January 29, 1850, Clay submitted in the Senate a series of resolu-
tions, intended to afford a basid for adjusting the differences regarding the
status and treatment of slavery in the Territories. On the 13th of February
the constitution of California was transmitted to Congress. April 18, by a
vote of 30 to 22, Clay's resolutions were referred to a select committee of thir-
teen, of which Clay was chairman. May 8 the committee submitted its
re|x>rt, together with two bills, onetjoa^miLCalifomiaLdS ft S.tat^ to establish
territorial governments for Utah and New Mexico, and making proposals to
.1 tcrrit()rial government for rt.ih." The Hoi
vote of ()7 to S5. and on ihi- <;tli the .u t was a
Texan l>oun(l;ir\" {)a--^e'l the Senate An'.;. 1 :,
15th tlie Senate passed \Uc New Mexi* o hill,
House added the New Mexico bill to the Tex
Sept. 6 passed the bill in this form by a vote o
curred in the House amendment, and on the gt
bill to admit California passed the Senate Aug
Sept. 7, 150 to 56; Sept. 9 the act was appro
passed the Senate Aug. 26, without a division,
being 27 to 12; the House passed the bill Sept.
of 109 to 76, and on the i8th the act was appi
June 28, 1864. The act to suppress the slave t
bia, the last of the compromise measures, pas
vote of 33 to 19, and the House on the followin
on the 20th the act was approved.
References. — The text is indicated at th
following. For the proceedings of Congress, s€
nalSf 31st Cong., ist Sess.; for the discussioi
appendix, or Benton's Abridgment, XVI. A la
resolutions are collected in the House and Sent
see also Senate Rep, 12. See also Webster's W'
373-405, 412-438; Calhoun's Works (ed. 18?
Works (ed. 1853), I., 31-131; Pierce's Summe.
No. 102. Clays R
1850] CLAY'S RESOLUTIONS 385
Union, without the imposition by Congress of any restriction in
respect to the exclusion or introduction of slavery within those
boundaries.
2. Resolved, That as slavery does not exist by law, and is not
likely to be introduced into any of the territory acquired by the
United States from the republic of Mexico, it is inexpedient for
Congress to provide by law either for its introduction into, or
exclusion from, any part of the said territory; and that appropriate
territorial governments ought to be established by Congress in all
of the said territory, not assigned as the boundaries of the proposed
State of California, without the adoption of any restriction or con-
dition on the subject of slavery.
3. Resolved, That the western boundary of the State of Texas
ought to be fixed on the Rio del Norte, commencing one marine
league from its mouth, and running up that river to the southern
line of New Mexico; thence with that line eastwardly, and so con-
tinuing in the same direction to the line as established between
the United States and Spain, excluding any portion of New Mexico,
whether lying on the east or west of that river.
4. Resolved, That it be proposed to the State of Texas, that the
United States will provide for the payment of all that portion of
the legitimate and bona fide public debt of that State contracted
prior to its annexation to the United States, and for which the
duties on foreign imports were pledged by the said State to its
creditors, not exceeding the sum of dollars, in consideration
of the said duties so pledged having been no longer applicable to
that object after the said annexation, but having thenceforward
become payable to the United States; and upon the condition,
also, that the said State of Texas shall, by some solemn and
authentic act of her legislature or of a convention, relinquish to
the United States any claim which it has to any part of New
Mexico.
5. Resolved, That it is inexpedient to abolish slavery in the
District of Columbia whilst that institution continues to exist in
the State of Maryland, without the consent of that State, without
the consent of the people of the District, and without just com-
pensation to the owners of slaves within the District.
6. Bui, resolved, That it is expedient to prohibit, within the
District, the slave trade in slaves brought into it from States or
386 COMPROMISE OF 1850 tMay 8
places beyond the limits of the District, either to be sold therein
as merchandise, or to be transported to other markets without
the District of C(ilumhia.
7. Resolved, That more effectual provision ought to be made
by law, according to the requirement of the constitution, for the
restitution and delivery of persons bound to service or labor in
any State, who miiy escajjc into any other State or Territory in the
Union. And,
8. Resolved f That Congress has no power to prohibit or obstruct
the trade in slaves between the slaveholding States; but that the
admission or exclusion of slaves brought from one into another of
them, depends exclusively upon their own particular laws.
[Senate Jour., 31 Cong., ist Sess., pp. 1x8, 119.]
No. 103. Extract from the Report of the
Committee of Thirteen
May 8, 1850
. . . The views and recommendations contained in this report
may be -recapitulated in a few words:
1. The admission of any new State or States formed out of
Texas to be postponed until they shall hereafter present them-
selves to be received into the Union, when it will be the duty of
Congress fairly and faithfully to execute the compact with Texas
by admitting such new State or States;
2. The admission forthwith of California into the Union, with
the boundaries which she has proposed;
3. The establishment of territorial governments, without the
Wilmot proviso, for New Mexico and Utah, embracing all the
territory recently acquired by the United States from Mexico not
contained in the boundaries of California;
4. The combination of these two last-mentioned measures in
the same bill;
5. The establishment of the western and northern boundary of
Texas, and the exclusion from her jurisdiction of all New Mexico,
with the grant to Texas of a pecuniary equivalent; and the sec-
1850] UTAH ACT 387
tion for that purpose to be incorporated in the bill admitting
California and establishing territorial governments for Utah and
New Mexico;
6. More effectual enactments of law to secure the prompt
delivery of persons bound to service or labor in one State, under
the laws thereof, who escape into another State ; and,
7. Abstaining from abolishing slavery; but, under a heavy
penalty, prohibiting the slave' trade in the District of Columbia.
[Senate Rep. 123, 31st Cong., ist Sess.', p. 11.]
- ♦
No. 104. Extract from the Utah Act
September 9, 1850
AnActlo establish a Territorial Government for Utah,
Be it enacted . . . , That all that part of the territory of the
United States included >^'ithin the following limits, to vni : bounded
on the west by the State of California, on the north by the Ter-
ritory of Oregon, and on the east by the summit of the Rocky
Mountains, and on the south by the thirty-seventh parallel of north
latitude, be, and the same is hereby, created into a temix)rary
government, by the name of the Territory of Utah; and, when
admitted as a State, the said Territory, or any portion of the same,
shall be received into the Union, ^\'ith or without slavery, as their
constitution may prescribe at the time of their admission: Pro-
vided, That nothing in this act contained shall be construed to
inhibit the government of the United States from dividing said
Territory into two or more Territories, in such manner and at
such times as Congress shall deem convenient and proper, or from
attaching any portion of said Territory to any other State or
Territory of the United States. . . .
[U. S. Stat, at Large, IX., 453.]
388 COMPROMISE OF 1850 [Sept. 9
No. 105. Extract from the Texas and
New Mexico Act
September 9, 1850
An Act proposing to the State of Te^cas the EstMishment of her
Northern and Western Boundaries^ the Relinquishment by the
said State of all Territory claimed by her exterior to said Boun-
daries, and of all her claims upon the United States, and to
establish a territorial Government for New Mexico.
Be it enacted . . . , That the following propositions shall be,
and the same hereby are, offered to the State of Texas, which,
when agreed to by the said State, in an act passed by the general
assembly, shall be binding and obligatory, upon the United States,
and up>on the said State of Texas : Provided, The said agreement
by the said general assembly shall be given on or before . 1 .
[December i, 1850] . . . :
First. The State of Texas will agree that her boundary on the
north shall conmience at the point at which the meridian of one
hundred degrees west from Greenwich is intersected by the par-
allel of thirty-six degrees thirty minutes north latitude, and shall
run from said point due west to the meridian of one hundred and
three degrees west from Greenwich; thence her boundary shall
run due south to the thirty-second degree of north latitude ; thence
on the said parallel of thirty-two degrees of north latitude to the
Rio Bravo del Norte, and thence with the channel of said river to
the Gulf of Mexico.
Second. The State of Texas cedes to the United States all her
claim to territory exterior to the limits and boundaries which she
agrees to establish by the first article of this agreement.
Third. The State of Texas relinquishes all claim upon the
United States for liability of the debts of Texas, and for compen-
sation or indenmity for the surrender to the United States of her
ships, forts, arsenals, custom-houses, custom-house revenue, arms
and munitions of war, and public buildings with their sites, which
became the property of the United States at the time of the an-
nexation.
1850] TEXAS AND NEW MEXICO ACT 389
Fourth. The United States, in consideration of said estab-
lishment of boundaries, cession of claim to territory, and relin-
quishment of claims, will pay to the State of Texas the sum of ten
millions of dollars in a stock bearing five per cent, interest, and
redeemable at the end of fourteen years, the interest payable half-
yearly at the treasury of the United States.
♦ ♦♦♦♦♦♦♦
Sec. 2. And be il further enacted, That all that portion of the
Territory of the United States bounded as follows: Beginning at
a point in the Colorado River where the boundary line with the
republic of Mexico crosses the same ; thence eastwardly with the
said boundary line to the Rio Grande ; thence following the main
channel of said river to the parallel of the thirty-second degree
of north latitude; thence east with said degree to its intersection
with the one hundred and third degree of longitude west of Green-
wich; thence north with said degree of longitude to the parallel
of thirty-eighth degree of north latitude; thence west with said
parallel to the summit of the Sierra Madre ; thence south with the
crest of said mountains to the ^thirty-seventh parallel of north
latitude; thence west with said parallel to its intersection with
the boundary line of the State of California; thence with said
boundary line to the place of beginning — be, and the same is
hereby, erected into a temporary government, by the name of the
Territory of New Mexico: Provided^ That nothing in this act
contained sha'u be construed to inhibit the government of the
United States from dividing said Territory into two or more Ter-
ritories, in such manner and at such times as Congress shall deem
convenient and proper, or from attaching any portion thereof to
any other Territory or State: And provided, further. That, when
admitted as a State, the said Territory, or any portion of the
same, shall be received into the Union, with or without slavery,
as their constitution may prescribe at che time ?. iheir admission.
[U, 5. Siai. at Large IX., 446, 44'/^
390 COMPROMISE OF 1850 [September iS
No. 106. Fugitive Slave Act
September 18, i8so
An Act to amend, and supplementary to, the Act entitled **An Act
respecting Fugitives from Justice, and Persons escaping from the
Service of their M asters, ^^ approved . . . [February 12, 1793].
[Sections 1-4 relate to the appointment of commissioners, hav-
ing concurrent jurisdiction with the judges of the circuit and dis-
trict courts of the United States, and the superior courts of the
territories, to perform the duties specified in the act.]
Sec. 5. And he it further enacted. That it shall be the duty of
all marshals and deputy marshals to obey and execute all warrants
and precepts issued under the provisions of this act, when to
them directed ; and should any marshal or deputy marshal refuse
to receive such warrant, or other process, when tendered, or to
use all proper means diligently to execute the same, he shall, on
conviction thereof, be fined in the sum of one thousand dollars,
to the use of such claimant, on the motion of such claimant, by
the Circuit or District Court for the district of such marshal ; and
after arrest of such fugitive, by such marshal or his deputy, or whilst
at any time in his custody under the provisions of this act, should
such fugitive escape, whether with or without the assent of such
marshal or his deputy, such marshal shall be liable, on his official
bond, to be prosecuted for the benefit of such claimant, for the
full value of the service or labor of said fugitive in the State,
Territory, or District whence he escaped: and the better to
enable the said commissioners, when thus appointed, to execute
their duties faithfully and efficiently, in conformity with the
requirements of the Constitution of the United States and of this
act, they are hereby authorized and empowered, within their
counties respectively, to appoint, in writing under their hands,
any one or more suitable persons, from time to time, to execute
all such warrants and other process as may be issued by them in
the lawful performance of their respective duties; with authority
to such commissioners, or the persons to be appointed by them,
to execute process as aforesaid, to summon and call to their aid
the bystanders, or posse comitatus of the proper county, when
1850I FUGITIVE SLAVE ACT 39 1
necessary to ensure a faithful observance of the clause of the
Constitution referred to, in conformity with the provisions of this
act; and all good citizens are hereby commanded to aid and
assist in the prompt and efficient execution of this law, whenever
their services may be required, as aforesaid, for that purpose;
and said warrants shall run, and be executed by said officers,
any where in the State within which they are issued.
Sec. 6. And be it further enacted^ That when a person held to
service or labor in any State or Territory of the United States,
has heretofore or shall hereafter escape into another State or
Territory of the United States, the person or persons to whom
such service or labor may be due, or his, her, or their agent or
attorney, duly authorized, by power of attorney, in writing, . . .
may pursue and reclaim such fugitive person, either by procuring
a warrant from some one of the courts, judges, or commissioners
aforesaid, of the proper circuit, district, or county, for the ap-
prehension of such fugitive from service or labor, or by seizing
and arresting such fugitive, where the same can be done without
process, and by taking, or causing such person to be taken, forth-
with before such court, judge, or commissioner, whose duty it shall
be to hear and determine the case of such claimant in a summary
manner; and upon satisfactory proof being made, by deposition
or affidavit, in writing, to be taken and certified by such court,
judge, or commissioner, or by other satisfactory testimony, duly
taken and certified by some court, magistrate, justice of the f)eace,
or other legal officer authorized to administer an oath and take
dep>ositions under the laws of the State or Territory from which
such person owing service or labor may have escaped, with a cer-
tificate of such magistracy or other authority, as aforesaid, . . .
and with proof, also by affidavit, of the identity of the f)erson
whose service or labor is claimed to be due as aforesaid, that the
person so arrested does in fact owe service or labor to the f)erson or
persons claiming him or her, in the State or Territory from which
such fugitive may have escaped as aforesaid, and that said person
escaped, to make out and deliver to such claimant, his or her
agent or attorney, a certificate setting forth the substantial facts
as to the service or labor due from such fugitive to the claimant,
and of his or her escape from the State or Territory in which he or
she was arrested, with authority to such claimant, or his or her
392 COMPROMISE OF 1850 [September 18
agent or attorney, to use such reasonable force and restraint as
may be necessary, under the circumstances of the case, to take and
remove such fugitive person back to the State or Territory whence
he or she may have escaped as aforesaid. In no trial or hearing
under this act shall the testimony of such alleged fugitive be ad-
mitted in evidence ; and the certificates in this and the first [fourth]
section mentioned, shall be conclusive of the right of the person
or persons in whose favor granted, to remove such fugitive to the
State or Territory from which he escaped, and shall prevent all
molestation of such person or persons by any process issued by any
court, judge, magistrate, or other person whomsoever.
Sec. 7. And be it further enacted. That any person who shall
knowingly and willingly obstruct, hinder, or prevent such claimant,
his agent or attorney, or any person or persons lawfully assisting
him, her, or them, from arresting such a fugitive from service or
labor, either with or without process as aforesaid, or shall rescue,
or attempt to rescue, such fugitive from service or labor, from the
custody of such claimant, his or her agent or attorney, or other
person or persons lawfully assisting as aforesaid, when so arrested,
pursuant to the authority herein given and declared ; or shall aid,
abet, or assist such person so owing service or labor as aforesaid,
directly or indirectly, to escape from such claimant, his agent or
attorney, or other person or persons legally authorized as afore-
said; or shall harbor or conceal such fugitive, so as to prevent the
discovery and arrest of such person, after notice or knowledge of
the fact that such person was a fugitive from service or labor as
aforesaid, shall, for either of said offences, be subject to a fine not
exceeding one thousand dollars, and imprisonment not exceeding
six months . . . ; and shall moreover forfeit and pay, by way
of civil damages to the party injured by such illegal conduct, the
sum of one thousand dollars, for each fugitive so lost as afore-
said. . . .
Sec. 9. And be it further enacted, That, upon affidavit made
by the claimant of such fugitive, his agent or attorney, after such
certificate has been issued, that he has reason to apprehend that
such fugitive will be rescued by force from his or their possession
before he can be taken beyond the limits of the State in which
the arrest is made, it shall be the duty of the officer making the
1850] FUGITIVE SLAVE ACT 393
arrest to retain such fugitive in his custody, and to remove him to
the State whence he fled, and there to deliver him to said claim-
ant, his agent, or attorney. And to this end, the officer aforesaid
is hereby authorized and required to employ so many persons as
he may deem necessary to overcome such force, and to retain
them in his service so long as circumstances may require. . . .
Sec. 10. And be U further enacted j That when any person held
to service or labor in any State or Territory, or in the District of
Columbia, shall escape therefrom, the party to whom such service
or labor shall be due, his, her, or their agent or attorney, may
apply to any court of record therein, or judge thereof in vacation,
and make satisfactory proof to such court, or judge in vacation, of
the escape aforesaid, and that the person escaping owed service
or labor to such party. Whereupon the court shall cause a record
to be made of the matters so proved, and also a general descrip-
tion of the person so escaping, with such convenient certainty as
may be; and a transcript of such record, authenticated by the
attestation of the clerk and of the seal of the said court, being
produced in any other State, Territory, or district in which the
person so escaping may be found, and being exhibited to any
judge, commissioner, or other officer authorized by the law of the
United States to cause persons escaping from service or labor to
be delivered up, shall be held and taken to be full and conclusive
evidence of the fact of escape, and that the service or labor of the
person escaping is due to the party in such record mentioned.
And upon the production by the said party of other and further
evidence if necessary, either oral or by affidavit, in addition to
what is contained in the said record of the identity of the person
escaping, he or she shall be delivered up to the claimant. And
the said court, commissioner, judge, or other person authorized
by this act to grant certificates to claimants of fugitives, shall,
upon the production of the record and other evidences aforesaid,
grant to such claimant a certificate of his right to take any such
person identified and proved to be owing service or labor as
aforesaid, which certificate shall authorize such claimant to seize
or arrest and transport such person to the State or Territory from
which he escaped . . .
[U. S. Stat, at Large, DC., 462-465.]
394 GADSDEN TREATY [December 30
No. 107. Act abolishing the Slave Trade
in the District of Columbia
September ao, 1850
An Act to suppress the Slave Trade in the District of Columbia.
Be it enacted . . . , That from and after . . . [January i,
185 1 ], ... it shall not be lawful to bring into the District of
Columbia any slave whatever, for the purpose of being sold, or
for the purpose of being placed in depot, to be subsequently trans-
ferred to any other State or place to be sold as merchandize. And
if any slave shall be brought into the said District by its owner, or
by the authority or consent of its owner, contrary to the provisions
of this act, such slave shall thereupon become liberated and free.
Sec. 2. And he it further enacted. That it shall and may be
lawful for each of the corporations of the cities of Washington and
Georgetown, from time to time, and as often as may be necessary,
to abate, break up, and abolish any depot or place of confinement
of slaves brought into the said District as merchandize, contrary
to the provisions of this act, by such appropriate means as may
appear to either of the said corporations expedient and prof>er.
And the same power is hereby vested in the Levy Court of Wash-
ington county, if any attempt shall be made, within its jurisdic-
tional limits, to establish a depot or place of confinement for
slaves brought into the said District as merchandize for sale con-
trary to this act.
[U. S. Stat, at Large, DC., 467, 468.]
No. 108. Treaty with Mexico
December 30, 1853
The interest of the United States in a transportation route across the isth-
mus of Tehuantepec occasioned extended diplomatic correspondence between
the United States and Mexico. In addition, the running of the boundary
line under the treaty of Guadalupe Hidalgo had been attended with difficul-
ties. Both questions were dealt with in the treaty of Dec. 30, 1853, usually
1853] GADSDEN TREATY 395
known as the Gadsden treaty. The ratifications were exchanged at Washing-
ton June 30, 1854. The area acquired from Mexico was 45,535 square miles.
References. — Text in U. S. Stat, at Large^ X., 1031-1037. The diplo-
matic correspondence is in Senate Doc, 97, 3 ad Cong., ist Sess. On the
question of boundary, see Senate Doc. 34, 31st Cong., ist Sess. ; Senate Doc,
119, 120, 121, 131, 32d Cong., ist Sess.; Senate Rep. 345, 32d Cong., 1st
Sess.; Senate Doc. 55, 33d Cong., 2d Sess.; Senate Doc. 57, 34th Cong., ist
Sess.
♦ ♦♦♦♦♦«♦
Article I.
The Mexican Republic agrees to designate the following as her
true limits with the United States for the future: retaining the
same dividing line between the two Califomias as already defined
and established, according to the 5th article of the treaty of Guada-
lupe Hidalgo, the limits between the two republics shall be as
follows: Beginning in the Gulf of Mexico, three leagues from
land, opposite the mouth of the Rio Grande, as provided in the
5th article of the treaty of Guadalupe Hidalgo; thence, as defined
in the said article, up the middle of that river to the point where
the parallel of 31** 47' north latitude crosses the same; thence
due west one hundred miles; thence south to the parallel of
31® 20' north latitude; thence along the said parallel of 31° 20'
to the I nth meridian of longitude west of Green wic]i; thence in
a straight line to a point on the Colorado River twenty English
miles below the junction of the Gila and Colorado Rivers ; thence
up the middle of the said river Colorado until it intersects the
present line between the United States and Mexico. . . .
^r ^r ^r ^^ ^r ^^ ^^ ^^
Article IH.
In consideration of the foregoing stipulations, the Government
of the United States agrees to pay to the government of Mexico,
in the city of New York, the sum of ten millions of dollars . . .*
Article IV.
The provisions of the 6th and 7th articles of the treaty of Guada-
lupe Hidalgo having been rendered nugatory, for the most part,
> The appropriation was made by act of June 29, 1854: U. S. Stat, at Large,
X., 301. — Ed.
396 GADSDEN TREATY [December 30
by the cession of territory granted in the first article of this treaty,
the said articles are hereby abrogated and annulled, and the
provisions as herein expressed substituted therefor. The vessels,
and citizens of the United States shall, in all time, have free and
uninterrupted passage through the Gulf of California, to and from
their possessions situated north of the boundary line of the two
countries. It being understood that this passage is to be by
navigating the Gulf of California and the river Colorado, and not by
land, without the express consent of the Mexican government;
and precisely the same provisions, stipulations, and restrictions,
in all respects, are hereby agreed upon and adopted, and shall be
scrupulously observed and enforced by the two contracting
governments in reference to the Rio Colorado, so far and
for such distance as the middle of that river is made their common
boundary line by the first article of this treaty.
The several provisions, stipulations, and restrictions contained
in the 7th article of the treaty of Guadalupe Hidalgo shall remain
in force only so far as regards the Rio Bravo del Norte, below the
initial of the said boundary provided in the fii^t article of this
treaty; that is to say, below the intersection of the 31° 47' 30"
parallel of latitude, with the boundary line established by the late
treaty dividing said river from its mouth upwards, according to
the fifth article of the treaty of Guadalupe.
^p ^P ^P ^P ^r ^P ^r ^r
Article VIII.
The Mexican Government having on the 5th of February, 1853,
authorized the early construction of a plank and railroad across
the Isthmus of Tehuantepec, and, to secure the stable benefits of
said transit way to the persons and merchandise of the citizens
of Mexico and the United States, it is stipulated that neither
government will interpose any obstacle to the transit of persons
and merchandise of both nations; and at no time shall higher
charges be made on the transit of persons and property of citizens
of the United States, than may be made on the persons and prop-
erty of other foreign nations, nor shall any interest in said transit
way, nor in the proceeds thereof, be transferred to any foreign
government.
The United States, by its agents, shall have the right to trans-
i8S3l
KANSAS-NEBRASKA ACT
397
port across the isthmus, in closed bags, the mails of the United
States not intended for distribution along the line of communica-
tion; also the effects of the United States government and its
citizens, which may be intended for transit, and not for distribution
on the isthmus, free of custom-house or other charges by the
Mexican government. Neither passports nor letters of security
will be required of persons crossing the isthmus and not remaining
in the country.
When the construction of the railroad shall be completed, the
Mexican government agrees to open a port of entry in addition
to the port of Vera Cruz, at or near the terminus of said road on
the Gulf of Mexico.
The two governments will enter info arrangements for the
prompt transit of troops and munitions of the United States,
which that government may have occasion to send from one
part of its territory to another, lying on opposite sides of the
continent.
The Mexican government having agreed to protect with its
whole power the prosecution, preservation, and security of the
work, the United States may extend its protection as it shall judge
wise to it when it may feel sanctioned and warranted by the public
or international law.
♦ « ♦ « «^« » »i
Kansas-Nebraska Act
1854
The first suggestion of a territorial organization for the region between the
western boundary of Missouri and the Rocky Mountains, which had been left
without organization upon the admission of Missouri in 1821, seems to have
been made in 1844, when Wilkins, Secretary of War, proposed the formation
of Nebraska Territory as preliminary to the extension of military posts in
thSit direcii&R. ' A bill to establish the Territory of Nebraska was introduced
in the House Dec. 17, 1844, by Douglas of Illinois, but no action was taken.
A bill with the same object, brought in March 15, 1848, by Douglas, now a
member of the Senate, likewise came to nothing. A bill to attach Nebraska
to the surveying district of Arkansas, introduced in the Senate July 28, 1848,
1 Signed: "James Gadsden, Manuel Diez de Bonilla, J086 Salazar Ylarreguil,
J. Mariano Monterde." — Ed.
398 KANSAS-NEBRASKA ACT [1854
stopped with the Committee on Public Lands. A third bill to organize the
Territory of Nebraska, also introduced by Douglas, was considered by the
Senate Dec. 20, 1848, and recommitted.
December 13, 1852, Hall of Missouri introduced in the House a bill to
organize the Territory of Platte. The bill went to the Committee on Terri-
tories, and as such was not reported. February 2, 1853, however, Richardson
of Illinois reported from the committee a bill to organize the Territory of
Nebraska, which passed the House Feb. 10, by a vote of 98 to 43. The Senate
Committee on Territories reported the bill on the 17th, without amendments;
March 4, by a vote of 23 to 17, consideration was refused. This bill did not
propose to legislate slavery into the new territory. "The opposition to it
came from Southern members who were preparing, but were not yet ready to
announce, their next advanced claim, that the compromise of 1850 had super-
seded and voided that of 1820, abolished the prohibition of slavery in the
territory north of the Missouri compromise line, and opened it to the opera-
tion of squatter sovereignty" (Johnston).
The thirty-third Congress met Dec. 5, 1853. December 14 Senator Dodge
of Iowa introduced a bill to organize the Territory of Nebraska. The bill,
which appears to have been identical with Richardson's bill of the previous ses-
sion, provided for the organization of the whole region between the parallels
oi 36® 30' and 43° 30* on the south and north, Missouri and Iowa on the east,
and the Rocky Mountains on the west. A substitute for this bill, with the
same provision as to slavery as that which had been inserted in the Utah and
New Mexico bills, was reported by Douglas, from the Committee on Terri-
tories, Jan. 4, 1854. The declaration regarding slavery was satisfactory to
neither party, and on the i6th Dixon of Kentucky gave notice of an amend-
ment explicitly exempting the proposed territory from the operation of the
Missouri compromise, to wh^ch Sumner of Massachusetts responded with an
amendment extending the Missouri compromise to the new territory. On the
a3d Douglas reported that the committee had prepared several new amend-
ments to the bill, changing the southern boundary from 36® 30^ to 37®, pro-
viding for two territories instead of one, and declaring the Missouri compro-
mise inoperative in the new territories, on the ground that it had been super-
seded by the compromise measures of 1850. The bill as thus amended
Douglas proposed to substitute for the bill previously reported. Debate in
Committee of the Whole began Jan. 30. February 6 Douglas offered an
amendment by which the Missouri compromise was to be declared "inconsist-
ent" with the legislation of 1850, following this the next day with another
amendment in the words of sec. 14 of the act as finally passed. This last
amendment was agreed to on the 15th, by a vote of 35 to 10. March 4 the
bill passed the Senate, after an all-night session, by a vote of 37 to 14.
In the meantime Representative Miller of Missouri had introduced in the
House, Dec. 22, a bill to organize the Territory of Nebraska. The bill went
to the Committee on Territories, from which Richardson reported, Jan, 31, a
bill to organize the Territories of Nebraska and Kansas. A minority report,
advocating the application of squatter sovereignty to the two territories, was
submitted by English of Indiana. The House bill did not regularly come up
for consideration until May S, but from Feb. 14 to April 28 either the House
1854I DOUGLAS'S REPORT 399
or Senate bill, and the general subject of temtorial governments for Kansas
and Nebraska, were discussed almost daily, regardless of the business nomi-
nally before the House. March 21 the Senate bill was disposed of by refer-
ring it to the Committee of the Whole, and was not again considered. May 8
Richardson called up the Kansas-Nebraska bill, thirty bills and resolutions
being successively laid aside until the bill was reached. The debate continued
with increasing violence until the 22d, when, by a vote of 113 to 100, the
House passed the bill with amendments. Douglas championed the bill in the
Senate, where the debate was attended with intense excitement and frequent
disorder. The bill passed the Senate May 26, without a division, and on the
30th the act was approved.
The form of government provided by the act did not differ essentially from
that contained in other territorial acts. The extracts from the act following
are limited to the sections defining the boundaries of the two territories, and
the status of slavery.
References. — The text is indicated in connection with each extract, fol-
lowing. The House and Senate JoumafSf 33d Cong., ist Sess., give the
record of proceedings; both proceedings and debates are reported at length
in the Cong, Globe, and appendix.
No. 109. Douglas's Report
January 4, 1854
«♦♦♦♦♦♦♦
The principal amendments which your committee deem it their
duty to commend to the favorable action of the Senate, in a
special report, are those in which the principles established by the
compromise measures of 1850, so far as they are applicable to
territorial organizations, are proposed to be aflirmed and carried
into practical operation within the limits of the new Territory.
The wisdom of those measures is attested, not less by their
salutary and beneficial effects, in allaying sectional agitation and
restoring peace and harmony to an irritated and distracted people,
than by the cordial and almost universal, approbation with which
they have been received and sanctioned by the whole country.
In the judgment of your committee, those measures were intended
to have a far more comprehensive and enduring effect than the
mere adjustment of the difficulties arising out of the recent acqui-
sition of Mexican territory. They were designed to establish
certain great principles^ which would not only furnish adequate
400 KANSAS-NEBRASKA ACT [Januaiy 4
remedies for existing evils, but, in all time to come, avoid the
perils of a similar agitation, by withdrawing the question of slavery
from the halls of Congress and the political arena, and committing
it to the arbitrament of those who were immediately interested in,
and alone responsible for its consequences. With the view of
conforming their action to what they regard the settled policy of
the government, sanctioned by the approving voice of the Ameri-
can people, your committee have deemed it their duty to incor-
porate and perpetuate, in their territorial bill, the principles and
spirit of those measures. If any other consideration were necessary,
to render the propriety of this course imperative upon the com-
mittee, they may be found in the fact, that the Nebraska country
occupies the same relative position to the slavery question, as did
New Mexico and Utah, when those territories were organized.
It was a disputed point, whether slavery was prohibited by law
in the country acquired from Mexico. On the one hand it was
contended, as a legal proposition, that slavery having been pro-
hibited by the enactments of Mexico, according to the laws of
nations, we received the country with all its local laws and domestic
institutions attached to the soil, so far as they did not conflict with
the Constitution of the United States; and that a law, either pro-
tecting or prohibiting slavery, was not repugnant to that instru-
ment, as was evidenced by the fact, that one-half of the States of
the Union tolerated, while the other half prohibited, the institution
of slavery On the other hand it was insisted that, by virtue of
the Constitution of the United States, every citizen had a right to
remove to any Territory of the Union, and carry his property with
him under the protection of law, whether tlutt property consisted
in persons or things. . . .
... a similar question has arisen in regard to the right to hold
slaves in the proposed territory of Nebraska when the Indian
laws shall be withdrawn, and the country thrown open to emigra-
tion and settlement. [The report quotes the section of the Mis-
souri Enabling Act (No. 77,a«/e) relating to slavery, and continue'^l:
Under this section, as in the case of the Mexican law in New
Mexico and Utah, it is a disputed point whether slavery is pro-
hibited in the Nebraska country by valid enactment. The deci-
sion of this question involves the constitutional power of Congress
to pass laws prescribing and regulating the domestic institutions
1854I DOUGLAS'S REPORT 401
of the various territories of the Union. In tUi opinion of those
eminent statesmen, who hold that Congress is invested with no
rightful authority to legislate upon the subject of slavery in the
territories, the 8th section of the act preparatory to the admission
of Missouri is null and void; while the prevailing sentiment in
large portions of the Union sustains the doctrine that the Con-
stitution of the United States secures to every citizen an inalien-
able right to move into any of the territories with his property, of
whatever kind and description, and to hold and enjoy the same
under the sanction of law. Your committee do not feel themselves
called upon to enter into the discussion of these controverted
questions. They involve the same grave issues which produced the
agitation, the sectional strife, and the fearful struggle of 1850.
As Congress deemed it wise and prudent to refrain from deciding
the matters in controversy then, either by affirming or repealing
the Mexican laws, or by an act declaratory of the true intent of the
Constitution and the extent of the protection afforded by it to
slave property in the territories, so your committee are not pre-
pared now to recommend a departiu'e from the course pursued on
that memorable occasion, either by affirming or repealing the 8th
section of the Missouri act, or by any act declaratory of the mean-
ing of the Constitution in respect to the legal points in dispute.
Your committee deem it fortunate for the peace of the country,
and the security of the Union, that the controversy then resulted
in the adoption of the compromise measures, which the two great
political parties, with singular unanimity, have affirmed as a car-
dinal article of their faith, and proclaimed to the world, as a final
settlement of the controversy and an end of the agitation. A due
respect, therefore, for the avowed opinions of Senators, as well as a
proper sense of patriotic duty, enjoins upon your committee the
propriety and necessity of a strict adherence to the principles, and
even a literal adoption of the enactments of that adjustment in all
their territorial bills, so far as the same are not locally inappli-
cable. . . .
[The report here quotes various provisions of the compromise
acts of 1850, and concludes]:
From these provisions it is apparent that the compromise
measures of 1850 affirm and rest upon the following propositions
— First: That all questions pertaining to slavery in the territories,
2D
402 KANSAS-NEBRASKA ACT [January i6
and in the new SdRes to be formed therefrom, are to be left to the
decision of the people residing therein, by their appropriate repre-
sentatives, to be chosen by them for that purpose.
Second: That "all cases involving title to slaves," and "ques-
tions of personal freedom" are referred to the adjudication of the
local tribunals, with the right of appeal to the Supreme Court of
the United States.
Third: That the provisions of the Constitution of the United
States, in respect to fugitives from service, is to be carried into
faithful execution in all "the organized territories" the same as in
the States. The substitute for the bill which your committee have
prepared, and which is commended to the favorable action of the
Senate, proposes to carry these propositions and principles into
practical operation, in the precise language of the compromise
measures of 1850.
[Senate Rep, 15, 33d Cong., ist Sess.]
No. no. Dixon's Proposed Amendment
January 16, 1854
Sec. 22. And be it further enacted. That so much of the 8th
section of . . . [the Missouri Enabling Act of March 6, 1820]
... as declares "That in all that territory ceded by France to
the United States, under the name of Louisiana, which lies north
of 36 degrees 30 minutes north latitude, slavery and involuntary
servitude, otherwise than in the punishment of crimes whereof
the parties shall have been duly convicted, shall be forever pro-
hibited," shall not be so construed as to apply to the Territory
contemplated by this act, or to any other Territory of the United
States; but that the citizens of the several States or Territories
shall be at liberty to take and hold their slaves within any of the
Territories of the United States, or of the States to be formed
therefrom, as if the said act, entitled as aforesaid, and approved
as aforesaid, had never been passed.
[Cong, Globe, 33d Cong., ist Sess., 175.]
1854I KANSAS-NEBRASKA ACT 403
No. III. Sumner's Proposed Amendment
January 17, 1854
Pravidedf That nothing herein contained shall be construed to
abrogate or in any way contravene . . . [the Missouri Enabling
Act] . . . ; wherein it is expressly enacted that "in all that
territory ceded by France to the United States, under the name
of Louisiana, which lies north of thirty-six degrees and thirty
minutes north latitude, not included within the limits of the State
contemplated by this act, slavery and involuntary servitude,
otherwise than in the punishment of crimes, whereof the party
shall have been duly convicted, shall be, and is hereby, forever
prohibited."
[Cong. Globe, 33(1 Cong., zst Sess., 186.]
No. 112. Extract from the Act to organize
the Territories of Nebraska and Kansas
May 30, Z854
An Ad io Organise the Territories of Nebraska and Kansas.
Be it enacted . . . , That all that part of the territory of the
United States included within the following limits, except such
portions thereof as are hereinafter expressly exempted from the
operations of this act, to wit : beginning at a point in the Missouri
River where the fortieth parallel of north latitude crosses the same;
thence west on said parallel to the east boundary of the Territory
of Utah, on the summit of the Rocky Mountains; thence on said
summit northward to the forty-ninth parallel of north latitude;
thence east on said parallel to the western boundary of the territory
of Minnesota ; thence southward on said boundary to the Missouri
River; thence down the main channel of said river to the place
of beginning, be, and the same is hereby, created into a temporary
government by the name of the Territory of Nebraska ; and when
admitted as a State or States, the said Territory, or any portion
404 KANSAS-NEBRASKA ACT [May 30
of the same, shall be received into the Union wit)i gi without
slavery, as their constitution ma)r prescribe_at_the time of their
admi^ion:""."."^ ^"
*'~* * * * * ♦ ♦
Sec. 9. [The section relates to the judicial system of the Ter-
ritory.] . . . Writs of error, and appeals from the final decisions
of said Supreme Court [of the Territory], shall be allowed, and
may be taken to the Supreme Court of the United States, in the
same manner and under the same regulations as from the circuit
courts of the United States, where the value of the property, or the
amount in controversy, to be ascertained by the oath or affirmation
of either party, or other competent witness, shall exceed one
thousand dollars; except only that in all cases involving title to
slaves, the said writs of error, or appeals shall be allowed and de-
cided by the said Supreme Court, without regard to the value of
the matter, property, or title in controversy; . . . Proinded, that
nothing herein contained shall be construed to apply to or affect
the provisions of the . . . [Fugitive Slave acts of 1793 and
1850] . . .
Sec. 10. And he it further enactedy That the provisions of . . .
[the Fugitive Slave acts of 1793 and 1850] ... be, and the
same are hereby, declared to extend to and be in full force within
the limits of said Territory of Nebraska.
•^ ^F ^r ^r ^r ^r ^r ^P
Sec. 14. And he it further enacted j . . . That the Constitution,
and all laws of the United States which are not locally inapplicable,
shall have the same force and effect within the said Territory of
Nebraska as elsewhere within the United States, except the eighth
section of the act preparatory to the admissjon of MissouaJnto
the Uriion^ approvecTT . . [March 6, 1820] . . . , which^ being^
inconsistent with the principle of non-intervention bv Congress
with slavery in the ^to tes and Territories^ as recognized by the
legTslalTon bT'eighteen^ hundred and fifty, commonly called the
Compromise Mcasures,js hereby declared inoperative ^nd vojdj^
it ^Tng the true intent and meaning of this act not to legislate
slavery into any Territory or State, nor to exclude it therefrom,
but to leave the fH^ople thereof perfectly free to form and regulate
their domestic institutions in their own way, subject only to the
Constitution of the United States : Provided^ That nothing herein
1854] DRED SCOTT DECISION 405
contained shall be construed to revive or put in force any law or
regulation which may have existed prior to the act of . . . [March
6, 1820] . . . , either protecting, establishing, prohibiting, or
abolishing slavery.
*♦♦♦♦♦♦♦
Sec. 19. And be it further enacted, That all that part of the
Territory of the United States included within the following limits,
except such portions thereof as are hereinafter expressly exempted
from the operations of this act, to wit, beginning at a point on the
western boundary of the State of Missouri, where the thirty-seventh
parallel of north latitude crosses the same; thence west on said
parallel to the eastern boundary of New Mexico ; thence north on
said boundary to latitude thirty-eight; thence following said boun-
dary westward to the east boundary of the Territory of Utah, on the
summit of the Rocky Mountains; thence northward on said summit
to the fortieth parallel of latitude; thence east on said parallel to
the western boundary of the State of Missouri ; thence south with
the western boundary of said State to the place of beginning, be,
and the same is hereby, created into a temporary government by
the name of the Territory of Kansas; and when admitted as a State
or States, the said Territory, or any portion of the same, shall be
received into the Union with or without slavery, as their Constitu-
tion may prescribe at the time of their admission: . . .
[Sections 27, 28, and 32 apply to the Territory of Kansas the
provisions of sections 9, 10, and 14, respectively.]
[U. 5. Stat, at Large, X., 277-290.]
No. 113. Dred Scott Decision
March 6, 1857
The main facts of the Dred Scott case (Dred Scott v. Sandford) are as
follows: Dred Scott was a negro slave, the property of Dr. Emerson, a surgeon
in the United States army. In 1834 Scott was taken by his owner from Mis-
souri to the military post at Rock Island, 111., and from thence, in 1836, to
Fjrt Snelling, on the west bank of the Mississippi, within the limits of the
territory acquired from France in 1803, and north of 36® 30'. There Scott,
v^ith the consent of his owner, married. In 1838 Emerson took Scott and his
family back to Missouri. In 1847 Scott brought suit in the circuit court of
the State of Missouri to recover his freedom, on the ground of previous resi-
4o6 DRED SCOTT DECISION [March 6
dence in free territory. Judgment was rendered in his favor, but was re-
versed in 1848 by the Missouri supreme court, to which the case was carried
on writ of error. In the meantime, Scott and his family passed under the con-
trol of John F. A. Sandford of New York. In 1853 Scott brought suit for
damages against Sandford, in the United States circuit court for the district
of Missouri, on the alleged ground of illegal detention of himself and family
as slaves. The defendant pleaded that Scott, being a negpro, and bom of
slave parents, could not be a citizen of Missouri, and hence could not be a party
to a suit in the United States courts. The plea was overruled, but on other
grounds Scott's claim to freedom was denied, and judgment rendered against
him. The case was then appealed to the United States Supreme Court,
where it was twice argued, in February and December, 1856. The decision
was rendered March 6, 1857. Chief Justice Taney delivered the opinion of
the court, but separate opinions were read by each of the eight associate
justices. It has been well said that "to ascertain what the judgment of the
court really was, it is necessary to compare the nine opinions and tabulate
the results." The legal doctrine of the decision, so far as the question of
slavery was concerned, was set a«de by the Fourteenth Amendment to the
Constitution.
References. — Text in 19 Howard^ i9Z'~^^i' ^o*" contemporary dis-
cussions, see Benton's Historical attd Legal Examination of the Dred ScoU
Case; Gray and Lowell's L^j^o/ Review of the Case of Dred ScoU; Foot's
Examination of the Case of Dred Scott.
[Opinion of the Court!]
. . . There are t^'o leading questions presented by the record :
1. Had the Circuit Court of the United States jurisdiction to
hear and determine the case between these parties? And,
2. If it had jurisdiction, is the judgment it has given erroneous
or not?
The plaintiff in error, who was also the plaintiff in the court be-
low, was, with his wife and children, held as slaves by the defend-
ant, in the State of Missouri, and he brought this, action in the
Circuit Court of the United States for that district, to assert the
title of himself and his family to freedom.
The declaration is in the form usually adopted in that State to
try questions of this description, and contains the averment neces-
sary to give the court jurisdiction; that he and the defendant are
citizens of different States ; that is, that he is a citizen of Missouri^
and the defendant a citizen of New York.
The defendant pleaded in abatement to the jurisdiction of the
court, that the plaintiff was not a citizen of the State of Missouri,
as alleged in his declaration, being a negro of African descent.
iScyl DRED SCOTT DECISION 407
whose ancestors were of pure African blood, and who were brought
into this country and sold as slaves.
To this plea the plaintiff demurred, and the defendant joined in
demurrer. The court overruled the plea, and gave judgment that
the defendant should answer over. And he therefore put in sun-
dry pleas in bar, upon which issues were joined, and at the trial
the verdict and judgment were in his favor. Whereupon the
plaintiff brought this writ of error.
Before we speak of the pleas in bar, it will be proper to dispose
of the questions which have arisen on the plea in abatement.
That plea denies the right of the plaintiff to sue in a court of
the United States, for the reasons therein stated.
If the question raised by it is legally before us, and the court
should be of opinion that the facts stated in it disqualify the plain-
tiff from becoming a citizen, in the sense in which that word is
used in the Constitution of the United States, then the judgment
of the Circuit Court is erroneous, and must be reversed.
It is suggested, however, that this plea is not before us . . .
[But] if the plea and demurrer, and judgment of the court
below upon it, are before us upon this record, the question to be
decided is, whether the facts stated in the plea are sufficient to
show that the plaintiff is not entitled to sue as a citizen in a court
of the United States.
We think they are before us . . . and it becomes, therefore, our
duty to decide whether the facts stated in the plea are or are not
sufficient to show that the plaintiff is not entitled to sue as a citi-
zen in a court of the United States.
This is certainly a very serious question, and one that now for
the first time has been brought for decision before this court.
But it is brought here by those who have a right to bring iti and
it is our duty to meet it and decide it.
The question is simply this : can a negro, whose ancestors were
imported into this country and sold as slaves, become a member
of the political community formed and brought into existence by
the Constitution of the United States, and as such become entitled
to all the rights, and privileges, and immunities, guarantied by
that instrument to the citizen. One of these rights is the privilege
of suing in a court of the United States in the cases specified in
the Constitution. . . . The court must be understood as speak-
4o8 DRED SCOTT DECISION [March 6
ing in this opinion . . .' of those persons [only] who are the
descendants of Africans who were imported into this country and
sold as slaves. . . .
We proceed to examine the case as presented by the pleadings.
The words "people of the United States" and "citizens" are
S3monymous terms, and mean the same thing. They both describe
the political body who, according to our republican institutions,
form the sovereignty, and who hold the power and conduct the
government through their representatives. They are what we
familiarly call the "sovereign people," and every citizen is one
of this people, and a constituent member of this sovereignty.
The question before us is, whether the class of persons described
in the plea in abatement compose a portion of this people, and
are constituent members of this sovereignty ? We think they are
not, and that they are not included, and were not intended to be
included, under the word "citizens" in the Constitution, and can,
therefore, claim none of the rights and privileges which that
instrument provides for and secures to citizens of the United
States.^^On the contrary, they were at that time considered as
a subordinate and inferior class of beings, who had been subju-
gated by the dominant race, and whether emancipated or not, yet
remained subject to their authority, and had no rights or privileges
but such as those who held the power and the government might
choose to grant them. . . .
In discussing this question, we must not confound the rights
of citizenship which a state may confer within its own limits, and
the rights of citizenship as a member of the Union. It does not
by any means follow, because he has all the rights and privileges
of a citizen of a State, that he must be a citizen of the United
States. He may have all of the rights and privileges of the
citizen of a State, and yet not be entitled to the rights and privi-
leges of a citizen in any other State. For, previous to the adop-
tion of the Constitution of the United States, every State had the
undoubted right to confer on whomsoever it pleased the character
of a citizen, and to endow him with all its rights. But this char-
acter, of course, was confined to the boundaries of the State, and
gave him no rights or privileges in other States beyond those
secured to him by the laws of nations and the comity of States.
Nor have the several States surrendered the power of conferring
1857J DRED SCOTT DECISION 409
these rights and privileges by adopting the Constitution of the
United States. Each State may still confer them upon an alien,
or any one it thinks proper, or upon any class or description oi
persons; yet he would not be a citizen in the sense in which that
word is used in the Constitution of the United States, nor entitled
to sue as such in one of its courts, nor to the privileges and immu-
nities of a citizen in the other States. The rights which he woulds^
acquire would be restricted to the State which gave them. . . .
It is very clear, therefore, that no State can, by any Act or law
of its own, passed since the adoption of the Constitution, intro-
duce a new member into the political community created by the
Constitution of the United States. It cannot make him a member
of this community by making him a member of its own. And for
the same reason it cannot introduce any person, or description of
persons, who were not intended to be embraced in this new politi-
cal family, which the Constitution brought into existence, but were
intended to be excluded from it.
The question then arises, whether the provisions of the Consti-
tution, in relation to the personal rights and privileges to which
the citizen of a State should be entided, embraced the negro
African race, at that time in this country, or who might afterwards
be imported, who had then or should afterwards be made free in
any State; and to put it in the power of a single State to make
him a citizen of the United States, and endue him with the full
rights of citizenship in every other State without their consent.
Does the Constitution of the United States act upon him when-
ever he shall be made free under the laws of a State, and raised
there to the rank of a citizen, and immediately clothe him with
all the privileges of a citizen in every other State, and in its own
courts ?
The court think the affirmative of these propositions cannot be
maintained. And if it cannot, the plaintiff in error could not be a
citizen of the State of Missouri, within the meaning of the Consti-
tution of the United States, and, consequently, was not entitled to
sue in its courts.
It is true, every person, and every class and description of per-
sons, who were at the time of the adoption of the Constitution
recognized as citizens in the several States, became also citizens
of this new political body; but none other; it was formed by
410 DRED SCOTT DECISION [March 6
them, and for them and their posterity, but for no one else. And
the personal rights and privileges guarantied to citizens of this
new sovereignty were intended to embrace those only who were
then members of the several state communities, or who should
afterwards, by birthright or otherwise, become members, accord-
ing to the provisions of the Constitution and the principles on
which it was founded. It was the union of those who were at
that time members of distinct and separate political communities
into one political family, whose power, for certain specified pur-
poses, was to extend over the whole territory of the United States.
And it gave to each citizen rights and privileges outside of his
State which he did not before possess, and placed him in every
other State upon a perfect equality with its own citizens as to
rights of person and rights of property; it made him a citizen
of the United States.
It becomes necessary, therefore, to determine who were citizens
of the several States when the Constitution was adopted. And in
order to do this, we must recur to the governments and institu-
tions of the thirteen Colonies, when they separated from Great
Britain and formed new sovereignties. . . . We must inquire who, at
that time, were recognized as the people or citizens of a State . . .
In the opinion of the court, the legislation and histories of the
times, and the language used in the Declaration of Independence,
show, that neither the class of persons who had been imported
as slaves, nor their descendants, whether they had become free
or not, were then acknowledged as a part of the people, nor
intended to be included in the general words used in that memo-
rable instrument. . . .
The legislation of the different Colonies furnishes positive and
indisputable proof of this fact. . . .
The language of the Declaration of Independence is equally
conclusive. . . .
This state of public opinion had undergone no change when
the Constitution was adopted, as is equally evident from its pro-
visions and language.
The legislation of the States therefore shows, in a manner not
to be mistaken, the inferior and subject condition of that race at
the time the Constitution was adopted, and long afterwards,
throughout the thirteen States by which that instrument was
1857I DRED SCOTT DECISION 4H
framed; and it is hardly consistent with the respect due to these
States, to suppose that they regarded at that time, as fellow-citizens
and members of the sovereignty, a class of beings whom they had
thus stigmatized; whom, as we are bound, out of respect to the
State sovereignties, to assume they had deemed it just and neces-
sary thus to stigmatize, and upon whom they had impressed such
deep and enduring marks of inferiority and degradation; or that
when they met in convention to form the Constitution, they looked
upon them as a portion of their constituents, or designed to include
them in the provisions so carefully inserted for the security and
protection of the liberties and rights of their citizens. It cannot
be supposed that they intended to secure to them rights, and
privileges, and rank, in the new political body throughout the
Union, which every one of them denied within the limits of its
own dominion. More especially, it cannot be believed that the
large slave-holding States regarded them as included in the word
"citizens," or would have consented to a constitution which might
compel them to receive them in that character from another State.
For if they were so received, and entitied to the privileges and
immunities of citizens, it would exempt them from th^ operation
of the special laws and from the police regulations which they
considered to be necessary for their own safety. It would give
to persons of the negro race, who were recognized as citizens in
any one State of the Union, the right to enter every other State
whenever they pleased, singly or in companies, without pass or
passport, and without obstruction, to sojourn there as long as they
pleased, to go where they pleased at every hour of the day or
night without molestation, unless they committed some violation
of law for which a white man would be punished; and it would
give them the full liberty of speech in public and in private upon
all subjects upon which its own citizens might speak; to hold
public meetings upon political affairs, and to keep and carry arms
wherever they went. And all of this would be done in the face
of the subject race of the same color, both free and slaves, inevi-
tably producing discontent and insubordination among them, and
endangering the peace and safety of the State. . . .
To all this mass of proof we have still to add, that Congress
has repeatedly legislated upon the same construction of the Con-
stitution that we have given. . . •
412 DRED SCOTT DECISION [March 6
The conduct of the Executive Department of the government
has been in perfect harmony upon this subject with this course of
legislation. . . .
But it is said that a person may be a citizen, and entitled to
that character, although he does not possess all the rights which
may belong to other citizen? ; as, for example, the right to vote,
or to hold particular offices; and that yet, when he goes into
another State, he is entitled to be recognized there as a citizen,
although the State may measure his rights by the rights which it
allows to persons of a like character or class, resident in the State,
and refuse to him the full rights of citizenship.
This argument overlooks the language of the provision in the
Constitution of which we are speaking.
Undoubtedly, a person may be a citizen, that is, a member of
the community who form the sovereignty, although he exercises no
share of the political power, and is incapacitated from holding par-
ticular offices. . . .
So, too, a person may be entitled to vote by the law of the
State, who is not a citizen even of the State itself. And in some
of the States of the Union foreigners not naturalized are allowed
to vote. And the State may give the right to free negroes and
mulattoes, but that does not make them citizens of the State, and
still less of the United States. And the provision in the Consti-
tution giving privileges and immunities in other States, does not
apply to them.
Neither does it apply to a person who, being the citizen of a
State, migrates to another State. For then he becomes subject
to the laws of the State in which he lives, and he is no longer a
citizen of the State from which he removed. And the State in
which he resides may then, unquestionably, determine his status
or condition, and place him among the class of persons who are
not recognized as citizens, but belong to an inferior and subject
race; and may deny him the privileges and immunities enjoyed
by its citizens.
. . . But if he ranks as a citizen of the State to which he be-
longs, within the meaning of the Constitution of the United States,
then, whenever he goes into another State, the Constitution clothes
him, as to the rights of person, with all the privileges and im-
munities which belong to citizens of the State. And if persons
iSs7l DRED SCOTT DECISION 413
of the African race are citizens of a state, and of the United States,
they would be entitled to all of these privileges and immunities
in every State, and the State could not restrict them; for they
would hold these privileges and immunities, under the paramount
authority of the Federal Govemment, and its courts would be
bound to maintain and enforce them, the Constitution and laws
of the State to the contrary notwithstanding. And if the State
could limit or restrict them, or place the party in an inferior grade,
this clause of the Constitution would be unmeaning, and could
have no operation; and would give no rights to the citizen when
in another State. He would have none but what the State itself
chose to allow him. This is evidently not the construction or
meaning of the clause in question. It guaranties rights to the
citizen, and the State cannot withhold them. And these rights
are of a character and would lead to consequences which make
it absolutely certain that the African race were not included under
the name of citizens of a State, and were not in the contemplation
of the framers of the Constitution when these privileges and im-
munities were provided for the protection of the citizen in other
States. . . .
And upon a full and careful consideration of the subject, the
court is of opinion that, upon the facts stated in the plea in abate-
ment, Dred Scott was not a citizen of Missouri within the meaning
of the Constitution of the United States, and not entitled as such
to sue in its courts; and, consequently, that the Circuit Court
had no jurisdiction of the case, and that the judgment on the plea
in abatement is erroneous. . . .
We proceed, therefore, to inquire whether the facts relied on by
the plaintiff entitled him to his freedom. . . .
In considering this part of the controversy, two questions arise :
I St, Was he, together with his family, free in Missouri by reason
of the stay in the territory of the United States hereinbefore men-
tioned ? And 2d, If they were not, is Scott himself free by reason
of his removal to Rock Island, in the State of Illinois, as stated in
the above admissions?
We proceed to examine the first question.
The Act of Congress, upon which the plaintiff relies, declares
that slavery and involuntary servitude, except as a punishment for
crime, shall be forever prohibited in all that part of the territory
414 DRED SCOTT DECISION [March h
ceded by France, under the name of Louisiana, which lies north
of thirty-six degrees thirty minutes north latitude, and not included
within the limits of Missouri. And the difficulty which meets us
at the threshold of this part of the inquiry is, whether Congress
was authorized to pass this law under any of the powers granted
to it by the Constitution ; for if the authority is not given by that
instrument, it is the duty of this court to declare it void and inop-
erative, and incapable of conferring freedom upon any one who is
held as a slave under the laws of any one of the States.
The counsel for the plaintiff has laid much stress upon that arti-
cle in the Constitution which confers on Congress the power "to
dispose of and make all needful rules and regulations respecting
the territory or other property Wonging to the United States ..."
It seems, however, to be supposed, that there is a difference
between property in a slave and other property, and that different
rules may be applied to it in expounding the Constitution of the
United States. And the laws and usages of nations, and the writ-
ings of eminent jurists upon the relation of master and slave and
their mutual rights and duties, and the powers which governments
may exercise over it, have been dwelt upon in the argument.
But in considering the question before us, it must be borne in
mind that there is no law of nations standing between the people
of the Um'ted State* and their government and interfering with
their relation to each other. . . . And no laws or usages of other
nations, or reasoning of statesmen or jurists upon the relations
of master and slave, can enlarge the powers of the government,
or take from the citizens the rights they have reserved. And if
the Constitution recognizes the right of property of the master
in a slave, and makes no distinction between that description of
property and other property owned by a citizen, no tribunal,
acting under the authority of the United States, whether it be
legislative, executive, or judicial, has a right to draw such a dis-
tinction, or deny to it the benefit of the provisions and guarantees
which have been provided for the protection of private property
against the encroachments of the government.
Now ... the right of property in a slave is distinctly and ex-
pressly affirmed in the Constitution. The right to traffic in it,
like an ordinary article of merchandise and property, was guaran-
tied to the citizens of the United States, in every State that might
i8s7l DRED SCOTT DECISION 415
desire it, for twenty years. And the government in express terms
is pledged to protect it in all future time, if the slave escapes from
his owner. . . . And no word can Ix; found in the Constitution
which gives Congress a greater power over slave property, or which
entitles property of that kind to less protection than property of
any other description. The only power conferred is the power
coupled with the duty of guarding and protecting the owner in his
rights.
Upon these considerations, it is the opinion of the court that
the Act of Congress which prohibited a citizen from holding and
owning property of this kind in the territory of the United States
north of the line therein mentioned, is not warranted by the Con-
stitution, and is therefore void; and that neither Drcd Scott him-
self, nor any of his family, were made free by being carried into
this territory; even if they had been carried there by the owner,
with the intention of becoming a permanent resident. . . .
But there is another point in the case which depends on state
p)ower and state law. And it is contended, on the part of the
plaintiff, that he is made free by being taken to Rock Island, in
the State of Illinois, independently of his residence in the territory
of the United States; and being so made free, he was not again
reduced to a state of slavery by being brought back to Missouri.
... as Scott was a slave when taken into the State of Illinois
by his owner, and was there held as such, and brought back in
that character, his status^ as free or slave, depended on the laws
of Alissouri, and not of Illinois.
It has, however, been urged in the argument, that by the laws
of Alissouri he was free on his return . . . But ... we are
satisfied, u[)on a careful examination of all the cases decided in
the State courts of Missouri referred to, that it is now firmly
settled by the decisions of the highest court in the State, that Scott
and his family upon their return were not free, but were, by the
laws of Missouri, the property of the defendant; and that the
Circuit Court of the United States had no jurisdiction, when,
by the laws of the State, the plaintiff was a slave, and not a
citizen. . . •
Upon the whole, therefore, it is the judgment of this court,
that it appears by the record before us that the plaintiff in error
is not a citizen of Missouri, in the sense in which that word is
4l6 DRED SCOTT DECISION [March 6
used in the Constitution; and that the Circuit Court of the
United States, for that reason, had no jurisdiction in the case,
and could give no judgment in it.
Its judgment for the defendant must, consequently, he reversed^
and a mandate issued directing the suit to be dismissed for want
of jurisdiction.
Justice Curtis's Dissenting Opinion
[After a learned discussion of law points, the opinion con-
tinues:]
So that, under the allegations contained in this plea, and ad-
mitted by the demurrer, the question is, whether any person of
African descent, whose ancestors were sold as slaves in the United
States, can be a citizen of the United States. If any such person
can be a citizen, this plaintiff has the right to the judgment of
the court that he is so ; for no cause is shown by the plea why he
is not so, except his descent and the slavery of his ancestors.
The ist Section of the 2d Article of the Constitution uses the
language, "a citizen of the United States at the time of the adop-
tion of the Constitution." One mode of approaching this ques-
tion is, to inquire who were citizens of the United States at the
time of the adoption of the Constitution.
Citizens of the United States at the time of the adoption of the
Constitution can have been no other than the citizens of the United
States under the Confederation. . . .
To determine whether any free persons, descended from Africans
held in slavery, were citizens of the United States under the Con-
federation, and consequently at the time of the adoption of the
Constitution of the United States, it is only necessary to know
whether any such persons were citizens of either of the States
under the Confederation at the time of the adoption of the Con-
stitution.
Of this there can be no doubt. At the time of the ratification
of the Articles of Confederation, all free native-bom inhabitants of
the States of New Hampshire, Massachusetts, New York, New
Jersey and North Carolina, though descended from African slaves,
were not only citizens of those States, but such of them as had the
other necessary qualifications possessed the franchise of electors,
on equal terms with other citizens. . . •
1S57J DRED SCOTT DECISION 417
I can find nothing in the Constitution which, proprio vigore,
deprives of their citizenship any class of persons who were citizens
of the United States at the time of its adoption, or who should be
native-bom citizens of any State after its adoption ; nor any power
enabling Congress to disfranchise persons bom on the soil of any
State, and entitled to citizenship of such State by its constitution
and laws. And my opinion is, that, under the Constitution of the
United States, every free person born on the soil of a State, who is
a citizen of that State by force of its Constitution or laws, is also a
citizen of the United States. . . .
The Constitution having recognized the rule that persons bom
within the several States are citizens of the United States, one of
four things must be true :
First. That the Constitution itself has described what native-
bom persons shall or shall not be citizens of the United States ; or.
Second. That it has empowered Congress to do so ; or,
Third. That all free persons, bom within the several States,
are citizens of the United States ; or.
Fourth. That it is left to each State to determine what free
persons, born within its limits, shall be citizens of such State, and
thereby be citizens of the United States. . . .
The conclusions at which I have arrived on this part of the case
are:
First. That the free native-bom citizens of each State are
citizens of the United States.
Second. That as free colored persons bom within some of the
States are citizens of those States, such persons are also citizens of
the United States.
Third. That every such citizen, residing in any State, has the
right to sue and b liable to be sued in the federal courts, as a
citizen of that State in which he resides.
Fourth. That as the plea to the jurisdiction in this case shows'
no facts, except that the plaintiff was of African descent, and his
ancestors were sold as slaves, and as these facts are not inconsist-
ent with his citizenship of the United States, and his residence in
the State of Missouri, the plea to the jurisdiction was bad, and the
judgment of the Circuit Court overruling it, was corcect.
I dissent, therefore, from that part of the opinion of the majority
of the court, in which it is held that a person of African descent
2K
4l8 DRED SCOTT DECISION [March 6
cannot be a citizen of the United States; and I regret I must go
further, and dissent both from what I deem their assumption of
authority to examine the constitutionality of the Act of Congress
commonly called the Missouri Compromise Act, and the grounds
and conclusions announced in their opinion. . . .
But as, in my opinion, the Circuit Court had jurisdiction, I am
obliged to consider the question whether its judgment on the
merits of the case should stand or be reversed.
The residence of the plaintiff in the State of Illinois, and the
residence of himself and his wife in the Territory acquired from
France lying north of latitude thirty-six degrees thirty minutes,
and north of the State of Missouri, are each relied on by the
plaintiff in error. As the residence in the Territory affects the
plaintiff's wife and children as well as himself, I must inquire what
was its effect.
The general question may be stated to be, whether the plaintiff's
status f as a slave, was so changed by his residence within that Ter-
ritory, that he was not a slave in the State of Missouri, at the time
thb action was brought.
In such cases, two inquiries arise, which may be confounded, but
should be kept distinct.
The first is, what was the law of the Territory into which the
master and slave went, respecting the relation between them ?
The second is, whether the State of Missouri recognizes and
allows the effect of that law of the Territory, on the stattis of the
slave, on his i-etum within its jurisdiction. . . .
To avoid misapprehension on this important and difficult sub-
ject, I will slate, distinctly, the conclusions at which I have arrived.
They are:
First. The rules of international law respecting the emancipa-
tion of slaves, by the rightful operation of the laws of another
'State or country upon the status of the slave, while resident in such
foreign State or country, are part of the common law of Missouri,
and have not been abrogated by any statute law of that State.
Second. The laws of the United States, constitutionally enacted,
which operated directly on and changed the status of a slave com-
ing into the Territory of Wisconsin with his master, who went
thither to reside for an indefinite length of time, in the performance
of his duties as an officer of the United States, had a rightful opera-
1857I DRED SCOTT DECISION 419
tion on the slatus of the slave, and it is in conformity with the
rules of international law that this change of skUus should be
recognized everywhere.
Third. The law^s of the United States, in operation in the Ter-
ritory of Wisconsin at the time of the plaintiff's residence there,
did act directly on the status of the plaintiff, and change his status be
to that of a free man. . . .
Fifth. That the consent of the master that his slave, residing
in a country which does not tolerate slavery, may enter into a
lawful contract of marriage, attended with the civil rights and
duties which belong to that condition, is an effectual act of eman-
cipation. . . .
I have thus far assumed, merely for the purpose of the argu-
ment, that the laws of the United States, respecting slavery in this
Territory, were Constitutionally enacted by Congress. It remains
to inquire whether they are constitutional and binding laws. . . .
But it is insisted, that whatever other power Congress may have
respecting the Territory of the United States, the subject of negro
slavery forms an exception. . . .
While the regulation is one "respecting the Territory," while it
is, in the judgment of Congress, **a needful regulation," and is
thus completely within the words of the grant, while no other
clause of the Constitution can be shown, which requires the inser-
tion of an exception respecting slavery, and while the practical
construction for a period of upwards of fifty years forbids such an
exception, it would, in my opinion, violate every sound rule of
interpretation to force that exception into the Constitution upon
the strength of abstract political reasoning, which we are bound
to believe the people of the United States thought insufficient to
induce them to limit the power of Congress, because what they
have said contains no such limitation. . . .
But it is further insisted that the Treaty of 1803, between the
United States and France, by which this Territory was acquired,
has so restrained the constitutional powers of Congress, that it
cannot, by law, prohibit the introduction of slavery into that part
of this Territory north and west of Missouri, and north of thirty-
six degrees thirty minutes north latitude.
By a treaty with a foreign nation, the United States may right-
fully stipulate that the Congress will or will not exercise its legis-
420 LECOMPTON CONSTITUTION [November 7
lative [)ower in some particular manner, on some particular sub-
ject. . . . But that a treaty with a foreign nation can deprive
the Congress of any part of the legislative power conferred by the
people, so that it no longer can legislate as it was empowered by
the Constitution to do, I more than doubt. . . .
But, in my judgment, this Treaty contains no stipulation in any
manner aflFecting the action of the United States respecting the
Territory in question. ... In my opinion, this Treaty has no
bearing on the present question.
For these reasons, I am of opinion that so much of the several
Acts of Congress as prohibited slavery and involuntary servitude
within that part of the Territory of Wisconsin lying north of thirty-
six degrees thirty minutes north latitude, and wes^t of the River
Mississippi, were constitutional and valid laws. . . .
In my opinion, the judgment of the Circuit Court should be re-
versed, and the cause remanded for a new trial.
No. 114. Lecompton Constitution
November 7, 1857
A rsEE State convention sitting at Topeka, in Kansas Territory, from Oct.
23 to Nov. 5, 1855, drew up a Stale constitution prohibiting slavery, which
was submitted to the people Dec. 15, and adopted by a vote of 1,731 to 46,
only free State men voting. A bill to admit Kansas under this constitution
passed the House July 3, 1856, but failed in the Senate. A free State Iegis>
lature, assuming to meet under the Topeka constitution, was dispersed by the
United States troops, and a period of civil war in the Territory followed.
September 5, 1857, a convention called by the proslavery legislature of the
Territory met at lecompton and drew up a constitution, which was sub*
mitted to the people for adoption "with slavery** or "without slavery." The
free State men, who objected to having the Lecompton constitution on any
terms, refrained from voting, and Dec. 21 the constitution "with slavery**
was adopted by a vote of 6,143, against 589 for the constitution "without
slavery.** In the meantime, however, the free State party had got control of
the Territorial legislature, and Jan. 4, 1858, the constitution was rejected by
a majority of more than 10,000. A bill to admit Kansas under the Lecomp^
ton constitution passed the Senate March 23, 1858, by a vote of 33 to 25.
April I the House, by a vote of 120 to 112, substituted a bill resubmitting the
constitution to popular vote. The two Houses then compromised on the
"English bill** (act of May 4, 1858), "according to which a substitute for
the land ordinance of the Lecompton constitution was to be submitted to
1857J LECOMPTON CONSTITUTION 42 1
popular vote in Kansas; if it was accepted, the State was to be considered ai
admitted ; if it was rejected, the Lecomptcn constitution was to be considei;ed
as rejected by the people, and no further constitutional convention was to be
held until a census should have <'lic vn that the population of the Territory
equalled or exceeded that required * :.' a representative *' (Johnston). August
3 the land ordinance was rejected by a vote of 11,088 to 1,788. The Wyan-
dotte constitution, prohibiting sla\ery, was ratified by popular vote Oct. 4.
1 859. Under this constitution Kansas was admitted to the Union Jan. 29,
1861.
The following extracts comprise the provisions of the Lecompton constitu-
tion relating to slavery, the status of negroes, and ratification.
References. — Text in Poore*s Federal and State Constitutions , I., 598-
613, passim. For the struggle in Congress over the admission of Kansas, see
the House and Senate Journals^ 34th, 35th, and 36th Cong., and the Cong,
Globe.
Article V.
Sec. 25. It shall be the duty of all civil officers of this State to
use due diligence in the securing and rendition of persons held
to service or labor in this State, either of the States or Territories
of the United States; and the legislature shall enact such laws as
may be necessary for the honest and faithful carrying out of this
provision of the constitution.
Article VIL
SLAVERY.
Section i. The right of property is before and higher than
any constitutional sanction, and the right of the owner of a slave
to such slave and its increase is the same, and as inviolable as
the right of the owner of any property whatever.
Sec. 2. The legislature shall have no power to pass laws for
the emancipation of slaves without the consent of the owners, or
without paying the owners previous to their emancipation a full
equivalent in money for the slaves so emancipated. They shall
have no power to prevent emigrants to the State from bringing
with them such persons as are deemed slaves by the laws of any
one of the United States or Territories, so long as any person of
the same age or description shall be continued in slavery by the
laws of this State: Provided^ That such person or slave be the
banorfide property of such emigrants: A fid prainded alsOj That
lar/s may be passed to prohibit the introduction into this State of
422 LECOMPTON CONSTITUTION [November)
slaves who have committed high crimes in other States or Terri-
tories. They shall have iK)wer to pass laws to permit the owners
of slaves to emancipate them, saving the rights of creditors, and
preventing them from becoming a public charge. They shall have
power to oblige the owners of slaves to treat them with humanity,
to provide for them necessary food and clothing, to abstain from
all injuries to them extending to life or limb, and, in case of their
neglect or refusal to comply with the direction of such laws, to
have such slave or slaves sold for the benefit of the owner or
owners.
Sec. 3. In the prosecution of slaves for crimes of higher grade
than petit larceny, the legislature shall have no power to deprive
them of an impartial trial by a petit jury.
Sec. 4. Any person who shall maliciously dismember or de-
prive a slave of life shall suffer such punishment as would be
inflicted in case the like offence had been committed on a free
white person, and on the like proof, except in case of insurrection
of such slave.
Bill of Rights.
23. Free negroes shall not be permitted to live in this State
under any circumstances.
Schedule.
Sec. 7. This constitution shall be submitted to the Congress of
the United States at its next ensuing session . . .
Before this constitution shall \)e sent to Congress, asking for
admission into the Union as a State, it shall be submitted to all
the white male inhabitants of this Territory, for approval or dis-
approval, as follows: . . . The voting shall be by ballot. The
judges of said election shall cause to be kept two poll-books by
two clerks, by them apix)inted. The ballots cast at said election
shall be endorsed, " Constitution with slavery," and ** Constitu-
tion with no slavery." . . . The president [of the convention]
with two or more members of this convention, shall examine
said poll-books, and if it shall appear upon said examination that
a majority of the legal votes cast at said election be in favor of the
** Constitution with slavery," he shall immediately have the same
transmitted to the Congress of the United States, as hereinbefore
i857l ORDINANCE OF SECESSION 423
provided; but if, upon such examination of said poll-books, it
shall appear that a majority of the legal votes cast at said election
be in favor of the *' Constitution with no slavery," then the article
providing for slavery shall be stricken from this constitution by the
president of this convention, and slavery shall no longer exist in
the State of Kansas, except that the right of property in slaves
now in this Territory shall in no manner be interferred with,
and shall have transmitted the constitution, so ratified, (to Con-
gress the constitution, so ratified,) to the Congress of the United
States, as hereinbefore provided. . . .
No. 115. South Carolina Ordinance of
Secession
December ao, x86o
It was clear that the success of the Republicans in the election of i860
would mean the exclusion of slavery from the Territories. The legislature of
South Carolina met Nov. 4 to choose presidential electors, and remained in
session until it was known that Lincoln had been elected. On the 7th an act
was passed calling a State convention, to meet at Columbia Dec. 1 7, to con-
sider the question of withdrawng from the Union. The convention met at
the time and place appointed, but adjourne<l to Charleston because of an epi-
demic of small-pox in Columbia. On the 20th an ordinance of secession was
unanimously adopted by the one hundred and sixty-nine delegates present,
and the president of the convention proclaimed South Carolina to be "an
independent Commonwealth." On the 21st the Representatives of the State
in Congress announced their withdrawal from the House. A " Declaration
of the immediate causes which induce and justify the secession of South
Carolina from the Federal Union" was adopted on the 24th.
References. — Text in War of the Rebellion, Official Records^ Series I.,
vol. I., p. no. For the prtKeedings of the convention, see Anier. Annual
CyclopctdiCy 186 1, pp. 646-657; Moore's Rebellion Record, 1., Doc. 2. The
declaration of causes, and ordinances of secession passed by the other Southern
States, are collected in Amer. Hist. Leaflets, No. 12. On the steps prelimi-
nary to secession, see Pike's First BIotvs of the Civil War. Buchanan de-
fended his official conduct during 1860-61 in The Administration on tfie Eve
of the Rebellion (London, 1865) ; a later defence is in Curtis's Buchanan, II.,
chap. 15.
424 CONSTITUTION OF CONFEDERATE STATES [March ii
An Ordinance to dissolve the union between the State of South Caro-
lina and the other States united with her under the compact entitled " The
Constitution of the United States of America " :
We, the people of the State of South Carolina in convention
assembled, do declare and ordain, and it is hereby declared and
ordained, that the ordinance adopted by us in convention on . . .
[May 23, 1788] . . . , whereby the Constitution of the United
States of America was ratified, and also all acts and parts of acts
of the general assembly of this State ratifying amendments of the
said Constitution, are hereby repealed; and that the union now
subsisting between South Carolina and other States, under the
name of the " United States of America," is hereby dissolved.
No. 116. Constitution of the Confederate
States of America
March zx, z86i
The secession of South Can>lina was followed, Jan. 9, 1861, by similar
. action in Mississippi. Ordinances of secession were adopted by Florida
Jan. 10, Alal>ama Jan. 11, Georj»ia Jan. ly, and Louisiana Jan. 26. A reso-
lution of the legislature of Mississippi, Jan. 19, in favor of a congress of repre-
sentatives from the seceded States to form a provisional government, was
endorsed by the other Stales, and Feb. 8 a congress at Montgomery, Ala.,
adopted a provisional constitution. A permanent constitution was adopted
March 11, and signed by delegates from each of the States alxjve named, and
by those of Texas, which had passed an ordinance of secession Feb. i. The
constitution was ratifie<i by conventions in the several States. The first elec-
tion under the permanent constitution was held Nov. 6, 1861. The congress
under the permanent constitution met Feb. 18, 1862, superseding the provi-
sional congress. The Confederate Slates of America were acconied bellig-
erent rights by England and France through proclamations of neutrality, but
were never formally recognized as a government, either by the United States
or by any foreign power.
The permanent constitution was modelled after the Constitution of the
United States, and is in the main a reproduction of that instrument, with
verbal or minor changes necessary to adapt it to the style of the new confed-
eracy. AH the sections emlxxlying other than verbal or formal changes are
given in the extracts following, with references to facilitate compKirison be-
tween the two dcK'uments.
References. — Text in Con/. Stat, at Large (Richmond, 1864, ed. Mat-
i86i] CONSTITUTION OF CONFEDERATE STATES 425
thews), it-22, where is also the provisional constitution. A convenient re-
print, with the texts of the Confederate constitution and the Constitution of
the United States in parallel columns, is in D3Lv\s*9Confederaie Government,
I., 648-673. The archives of the Confederate government are in the pos-
session of the War DefKirtment. The oflEicial acts of the Confederacy are
best followed in the Journal of the Congress (Sen. Docs., 58th Cong., 2d Sess.,
vols. 25-31), and Richardson's Messages and Papers of the Confederacy;
see also Moore's Rebellion Record; Atner, Annual Cyclopcedia, 1861-65;
McPherson's Hist, of tlie Rebellion.
We, the people of the Confederate States, each State acting in
its sovereign and independent character, in order to form a per-
manent federal government, establish justice, in.sure domestic tran-
quillity, and secure the blessings of liberty to ourselves and our
posterity — invoking the favor and guidance of Almighty God —
do ordain and establish this Constitution for the Confederate States
of America.*
Article I.
SECTION 2.
I. The House of Representatives shall be composed of mem-
bers chosen every second year by the people of the several States ;
and the electors in each State shall l)c citizens of the Confederate
States, and have the qualifications requisite for electors of the
most numerous branch of the State Legislature ; but no person of
foreign birth, not a citizen of the Confederate States, shall be
allowed to vote for any officer, civil or political. State or Federal.*
3. Representatives and direct taxes shall be apportioned among
the several States, which may be included within this Confederacy,
according to their resi>ective numbers, which shall be determined,
by adding to the whole number of free persons, including those
bound to service for a term of years, and excluding Indians not
taxed, three-fifths of all slaves. The actual enumeration shall be
made within three years after the first meeting of the Congress
» [Cf. Const. U. S., Preamble.]
» [C/. Const. U. S., Art. I., Sec. a.]
426 CONSTITUTION OF CONFEDERATE STATES [March ii
of the Confederate States, and within every subsequent term of
ten years, in such manner as they shall by law direct. The num-
ber of Representatives shall not exceed one for every fifty thou-
sand, but each State shall have at least one Representative ; and
until such enumeration shall be made, the State of South Carolina
shall be entitled to choose six; the State of Georgia ten; the
State of Alabama nine; the State of Florida two; the State of
Mississippi seven; the State of Louisiana six; and the State of
Texas six.*
5. The House of Representatives shall choose their Speaker
and other officers ; and shall have the sole power of impeachment ;
except that any judicial or other Federal officer, resident and act-
ing solely within the limits of any State, may be impeached by a
vote of two-thirds of both branches of the Legislature thereof.*
SECTION 3.
I. The Senate of the Confederate States shall be composed of
two Senators from each State, chosen for six years by the Legisla-
ture thereof, at the regular session next immediately preceding the
commencement of the term of service; and each Senator shall
have one vote.'
SECTION 6.
. . . No Senator or Representative shall, during the time for
which he was elected, be appointed to any civil office under the
authority of the Confederate States, which shall have been created,
or the emoluments whereof shall have been increased during such
time; and no person holding any office under the Confederate
States shall be a member of either House during his continuance
in office. But Congress may, by law, grant to the principal officer
in each of the Executive Departments a seat upon the floor of
either House, with the privilege of discussing any measures apper-
taining to his department.*
* [C/. Const. U. S., Art. I., Sec. 2, Par. 3.]
* [C/. Const. U. S., Art. I., Sec. a, Par. 5.]
» (C/. Const. U. S., Art. I., Sec. 3, Par. i.]
* [C/. Const. U. S., Art. I., Sec. 6, Par. a.]
i86il CX)NSTlTiniON OF CONFEDERATE STATES 427
SECnON 7.
2. . . . The President may approve any appropriation and
disapprove any other appropriation in the same bill. In such case
he shall, in signing the bill, designate the appropriations disap-
proved ; and shall return a copy of such appropriations, with his
objections, to the House in which the bill shall have originated;
and the same proceedings shall then be had as in case of other
bills disapproved by the President.*
SECTION 8.
The Congress shall have power —
I. To lay and collect taxes, duties, imposts, and excises, for
revenue necessary to pay the debts, provide for the common de-
fence, and carry on the government of the Confederate States;
but no bounties shall be granted from the treasury; nor shall any
duties or taxes on importations from foreign nations be laid to pro-
mote or foster any branch of industry; and all duties, imposts,
and excises shall be uniform throughout the Confederate States: '
3. To regulate commerce with foreign nations, and among the
several States, and with the Indian tribes; but neither this, nor
any other clause contained in the Constitution, shall ever be con-
strued to delegate the power to Congress to appropriate money
for any internal improvement intended to facilitate commerce;
except for the purpose of furnishing lights, beacons, and buoys,
and other aids to navigation upon the coasts, and the improve-
ment of harbors and the removing of obstructions in river naviga-
tion, in all which cases, such duties shall be laid on the navigation
facilitated thereby, as may be necessary to pay the costs and ex-
penses thereof:'
4. To establish uniform laws of naturalization, and uniform laws
on the subject of bankruptcies, throughout the Confederate States;
but no law of Congress shall discharge any debt contracted before
the passage of the same : ^
« [C/. Const. U. S., Art. I., Sec. 7, Par. a.]
* [Cf. Const. U. S., Art. I., Sec. 8, Par. i.]
* [Cf. Const. U. S., Art. I., Sec. 8, Par. 3.]
* [Cf. Const. U. S.. Art. I., Sec. 8, Par. 4.]
428 CONSTITUTION OF CONFEDERATE STATES [March n
7. To establish post-offices and post-routes; but the expenses
of the Post-Office Department, after the first day of March in the
year of our Lord eighteen hundred and sixty-three, shall be paid
out of its own revenue : *
♦ ♦♦♦♦♦««
SECTION 9.
1. The importation of negroes of the African race, from any
foreign country other than the slaveholding States or Territories
of the United States of America, is hereby forbidden; and Con-
gress is required to pass such laws as shall effectually prevent the
same.
2. Congress shall also have power to prohibit the introduction
of slaves from any State not a member of, or Territory not belong-
ing to, this Confederacy.'
♦ *♦♦♦*♦*
4. No bill of attainder, ex post facto law, or law denying or im-
pa[i]ring the right of projjerty in negro slaves shall be passed.'
6. No tax or duty shall be laid on articles exported from any
State, except by a vote of two-thirds of both Houses.*
9. Congress shall appropriate no money from the treasury ex-
cept by a vote of two-thirds of both Houses, taken by yeas and
nays, unless it be asked and estimated for by some one of the
heads of departments, and submitted to Congress by the Presi-
dent; or for the purpose of paying its own expenses and contin-
gencies; or for the payment of claims against the Confederate
States, the justice of which shall have been judicially declared by
a tribunal for the investigation of claims against the government,
which it is hereby made the duty of Congress to establish.
ID. All bills appropriating money shall specify in federal cur-
rency the exact amount of each a])propnation and the purposes
for which it is made; and Congress shall grant no extra compen-
» [C/. Const. U. S., Art. I., Sec. 8, Par. 7.]
• [Cj. Const. U. S., Art. I., Sec. q, Par. i.]
• [Cf. Const. U. S., Art. I., Sec. 9, Par. 3.]
• [Cj. Const. U. S., Art. I., Sec. 9, Par. 5.]
i86i] CONSTITUTION OF CONFEDERATE STATES 429
sation to any public contractor, officer, agent or servant, after such
contract shall have been made or such service rendered.*
lie*******
20. Every law, or resolution having the force of law, shall relate
to but one subject, and that shall be expressed in the title.
SECTION ID.
3. No State shall, without the consent of Congress, lay any duty
on tonnage, except on sea-going vessels, for the improvement of
its rivers and harbors navigated by the said vessels; but such
duties shall not conflict with any treaties of the Confederate
States with foreign nations; and any surplus revenue, thus de-
rived, shall, after making such improvement, be paid into the
common treasury. Nor shall any State keep troops or ships-of-
war in time of peace, enter into any agreement or compact with
another State, or with a foreign power, or engage in war, unless
actually invaded, or in such imminent danger as will not admit of
delay. But when any river divides or flows through two or more
States, they may enter into compacts with each other to improve
the navigation thereof.*
Article II.
SECTION I.
I. The executive power shall be vested in a President of the
Confederate States of America. He and the Vice President shall
hold their offices for the term of six years; but the President shall
not be re-eligible. . . .*
7. No person except a natural born citizen of the Confederate
States, or a citizen thereof at the time of the adoption of this
Constitution, or a citizen thereof born in the United States prior
to the 20th of December, i860, shjill be eligible to the office of
President; neither shall any person be eligible to that office who
* [This and the preceding paragraphs are in addition to a provision identical
with Const. U. S., Art. I., Sec. q, Par. 7.]
fC/. Const. U. S., Art. I., Sec. 10, Par. 3.]
* [C/. Const. U. S., Art. II., Sec. 1, Par. i.]
430 CONSTITUTION OF CONFEDERATE STATES [March ii
shall not have attained the age of thirty-five years, and been four-
teen years a resident within the limits of the Confederate States,
as they may exist at the time of his election.'
♦ ♦♦*♦♦♦♦
SECTION 2.
3. The principal oflScer in each of the executive departments,
and all persons connected with the diplomatic service, may be
removed from office at the pleasure of the President. All other
civil officers of the executive departments may be removed at any
time by the President, or other appointing power, when their ser-
vices are unnecessary, or for dishonesty, incapacity, inefficiency,
misconduct, or neglect of duty; and when so removed, the removal
shall be reported to the Senate, together with the reasons therefor.
4. The President shall have power to fill up all vacancies that
may happen during the recess of the Senate, by granting commis-
sions which shall expire at the end of their next session; but no
person rejected by the Senate shall be re-appointed to the same
office during their ensuing recess.*
Article IV.
SECTION 2.
1. The citizens of each State shall be en tided to all the privi-
leges and immunities of citizens in the several States; and shall
have the right of transit and sojourn in any State of this Con-
federacy, with their slaves and other property; and the right of
property in said slaves shall not be thereby impaired.'
2. A person charged in any State with treason, felony, or other
crime against the laws of such State, who shall flee from justice,
and be found in another State, shall, on demand of the executive
authority of the State from which he fled, be delivered up, to be
removed to the State having jurisdiction of the crime.*
» [C/. Const. U. S., Art. II., Sec. i, Par. 5.]
* [C/. Const. U. S., Art. II., Sec. a. Par. 3.]
» [C/. Const. U. S., Art. IV., Sec. a. Par. i.]
* (C/. Const. U. S., Art. IV., Sec. a, Par. 2.]
i8(iij CONSTITUTION OF CONFEDERATE STATF-S 431
3. No slave or other person held to service or labor in any
State or Territory of the Confederate States, under the laws
thereof, escaping or lawfully carried into another, shall, in con-
sequence of any law or regulation therein, be discharged from
such service or labor; but shall be delivered up on claim of the
party to whom such slave belongs, or to whom such service or
labor may be due.*
SECTION 3.
1. Other States may be admitted into this Confederacy by a
vote of two-thirds of the whole House of RepresAtatives and
two-thirds of the Senate, the Senate voting by States;' but no
new State shall be formed or erected within the jurisdiction of
any other State ; nor any State be formed by the junction of two
or more States, or parts of States, without the consent of the legis-
latures of the States concerned, as well as of the Congress.*
2. The Congress shall have power to dispose of and make all
needful rules and regulations concerning the property of the Con-
federate States, including the lands thereof.'
3. The Confederate States may acquire new territory; and Con-
gress shall have power to legislate and provide governments for
the inhabitants of all territory belonging to the Confederate States,
lying without the limits of the several States ; and may permit them,
at such times, and in such manner as it may by law provide, to
form States to be admitted into the Confederacy. In all such
territory, the institution of negro slavery, as it now exists in the
Confederate States, shall be recognized and protected by Con-
gress and by the territorial government: and the inhabitants of
the several Confederate States and Territories shall have the right
to take to such territory any slaves lawfully held by them in any
of the States or Territories of the Confederate States.
Article V.
SECTION I.
I. Upon the demand of any three States, legally assembled in
their several conventions, the Congress shall summon a convention
» [C/. Const. U. S., Art. IV., Sec. a, Par. 3.]
« [C/. Const. U. S., Art. IV., Sec. 3. Par. x.]
• [C/. Const. U. S., Art. IV., Sec. 3, Par. 2.]
432 CONSTITUTION OF CONFEDERATE STATES [March ii
of all the States, to take into consideration such amendments to
the Constitution as the said States shall concur in suggesting at
the time when the said demand is made; and should any of the
proposed amendments to the Constitution be agreed on by the
said convention — voting by States — and the same be ratified by
the legislatures of two-thirds of the several States, or by conven-
tions in two-thirds thereof — as the one or the other mode of
ratification may be proposed by the general convention — they
shall thenceforward form a part of this Constitution. But no State
shall, withoiU its consent, be deprived of its equal representation
in the Senate.*
Article VI.
I. The Government established by this Constitution is the
successor of the Provisional Government of the Confederate
States of America, and all the laws passed by the latter shall con-
tinue in force until the same shall be repealed or modified: and
all the officers appointed by the same shall remain in office until
their successors are appointed and qualified, or the offices abol-
ished.
5. The enumeration, in the Constitution, of certain rights, shall
not be construed to deny or disparage others retained by the
people of the Several States.^
6. The powers not delegated to the Confederate States by the
Constitution, nor prohibited by it to the States, are reserved to
the States, respectively, or to the people thereof.'
Article VII.
1. The ratification of the conventions of five States shall be
sufficient for the establishment of this Constitution between the
States so ratifying the same.*
2. When five States shall have ratified this Constitution, in the
manner before sp)ecified, the Congress under the Provisional Con-
stitution shall prescribe the time for holding the election of Presi-
> [C/. Const. U. S., Art. V.]
2 [C/. Const. U. S., Amend., Art. IX.]
• [Cf. Const. U. S., Ami-nd., Art. X.]
* [Q. Const. U. S., Art. VIl.J
i86i] CALL FOR VOLUNTEERS 433
dent and Vice President; and for the meeting of the Electoral
College; and for counting the votes, and inaugurating the Presi-
dent. They shall, also, prescribe the time for holding the first
election of members of Congress under this Constitution, and
the time for assembling the same. Until the assembling of such
Congress, the Congress under the Provisional Constitution shall
continue to exercise the legislative powers granted them; not
extending beyond the time limited by the Constitution of the
Provisional Government.
No. 117. Call for 75,000 Volunteers
April 25, x86i
The proclamation of April 15 was issued, under authority of the act of
February 28, 1795, the day after the fall of Fort Sumter. The call on the
governors of the States was made through the War Department. May 3 a
further call for 42,034 volunteers to serve for three years, together with an
order for the increase of the regular army and the enlistment of seamen, was
issued, the action of the President being legalized by an act of August 6. An
act of February 24, 1864, authori2:ed the President to call whenever necessary
for such number of volunteers as might be required.
References. — Tfxt in U. S. StaitUes at Large, XII, 1 258. Correspond-
ence with the governors is in the War Records, Scries III., Vol. I., pp. 68 seq.
For comments of the press see Moore, Rebellion Record, I., 64-69 of docu-
ments.
Whereas the laws of the United States have been, for some time
|xt.st, and now are opposed, and the execution thereof obstructed,
in the States of South Carolina, Georgia, Alabama, Florida, Missis-
sippi, Louisiana, and Texas, by combinations too powerful to be
suppressed by the ordinary course of judicial proceedings, or by
the powers vested in the marshals by law :
Now, therefore, I, ABRAHAM LINCOLN, President of the
United States, in virtue of the pwwer in me vested by the Consti-
tution and the laws, have thought fit to call forth, and hereby do
call forth, the militia of the several States of the Union, to the
aggregate number of seventy-five thousand, in order to suppress
said combinations, and to cause the laws to be duly executed.
The details for this object will be immediately communicated to
the State authorities through the War Department.
2¥
434 BLOCKADE OF SOUTHERN PORTS [April 19
I appeal to all loyal citizens to favor, facilitate, and aid this effort
to maintain the honor, the integrity, and the existence of our
National Union, and the perpetuity of popular government; and
to redress wrongs already long enough endured.
I deem it proper to say that the first service assigned to the
forces hereby called forth will -probably be to repossess the forts,
places, and property which have been seized from the Union ; and
in every event, the utmost care will be observed, consistently with
the objects aforesaid, to avoid any devastation, any destruction
of, or interference with, property, or any disturbance of peaceful
citizens in any part of the country.
And I hereby command the persons composing the combina-
tions aforesaid to disperse, and retire p)eaceably to their respective
abodes within twenty days from this date.
Deeming that the present condition of public affairs presents an
extraordinary occasion, I do hereby, in virtue of the power in me
vested by the Constitution, convene both Houses of Congress.
Senators and Representatives are therefore summoned to assemble
at their respective chambers, at twelve o'clock, noon, on Thursday,
the fourth day of July next, then and there to consider and deter-
mine such measures as, in their wisdom, the public safety and
interest may seem to demand.
♦ ♦♦♦♦♦♦♦
No. 118. Proclamation declaring a Block-
ade of Southern Ports
April zg, z86z
In response to the proclamation of April 15, calling for 75,000 volunteers,
Jefferson Davis, as president of the Confederate States, issued on April 17 a
proclamation inviting applications for letters of marque and reprisal. The
proclamation declaring a blockade of Southern ports was issued in rejoinder.
By a further proclamation of April 27, the blockade was extended to the ports
of Virignia and North Carolina.
References. — Text in U.S. Statutes at Large, XII., 1 258, 1 259. Davis's
proclamation is in Moore, Rebellion Record, !•» 71 of documents. The proc-
lamation was upheld in the Prize Cases, 2 Black, 635.
Wfl£££AS an insurrection against the Government of the United
i86ij BLOCKADE OF SOUTHERN PORTS 435
States has broken out in the States of South Carolina, Georgia,
Alabama, Florida, Mississippi, Louisiana, and Texas, and the laws
of the United States for the collection of the revenue cannot be
eflFectually executed therein conformably to that provision of the
Constitution which requires duties to be uniform throughout the
United States:
And whereas a combination of persons, engaged in such insur-
rection, have threatened to grant pretended letters of marque to
authorize the bearers thereof to commit assaults on the lives, ves-
sels, and property of good citizens of the country lawfully engaged
in commerce on the high seas, and in waters of the United States :
And whereas an Executive Proclamation has been already issued,
requiring the piersons engaged in these disorderly proceedings to
desist therefrom, calling out a militia force for the purpose of
repressing the same, and convening Congress in extraordinary
session to deliberate and determine thereon :
Now, therefore, I, ABRAHAM LINCOLN, President of the
United States, with a view to the same purposes before mentioned,
and to the protection of the public peace, and the lives and prop-
erty of quiet and orderly citizens pursuing their lawful occupations,
until Congress shall have assembled and deliberated on the said
unlawful proceedings, or until the same shall have ceased, have
further deemed it advisable to set on foot a blockade of the ports
wMthin the States aforesaid, in pursuance of the laws of the United
States and of the law of nations in such case provided. For this
purpose a competent force will be posted so as to prevent entrance
and exit of vessels from the ports aforesaid. If, therefore, with a
view to violate such blockade, a vessel shall approach, or shall
attempt to leave either of the said ports, she will be duly warned
by the commander of one of the blockading vessels, who will in-
dorse on her register the fact and date of such warning, and if the
same vessel shall again attempt to enter or leave the blockaded
port, she will be captured and sent to the nearest convenient port,
for such proceedings against her and her cargo as prize, as may be
deemed advisable.
And I hereby proclaim and declare that if any person, under the
pretended authority of the said States, or under any other pretence,
shall molest a vessel of the United States, or the persons or cargo
on board of her, such person will be held amenable to the laws of
the United States for the prevention and punishment of piracy.
436 ACT FOR A NATIONAL LOAN [July if
No. 119. Act for a National Loan
July Z7, z86z
In his message of July 4, 1861, Lincoln asked Congress for "at least"
400,000 men and $400,000,000 as " the legal means for making this contest a
short and a decisive one." The Secretary of the Treasury, Chase, in his re-
port of the same date, recommended loans to the aggregate amount of
$250,000,000, and submitted the draft of a bill for that purpose. A bill to
authorize a national loan was introduced in the House by Thaddeus Stevens
of Pennsylvania, from the Committee of Ways and Means, July 9, and on the
following day passed by a vote of 153 to 5. The Senate made a number of
amendments, all of which were concurred in by the House, and on the 17th
the act was approved. The act was amended by act of Aygust 5.
References. — Text in U.S. Statutes at Large, XII., 259-261. For the
proceedings see the House and Senate Journals and the Cong. Globe, 37th
Cong., ist Sess. Chase's report of July 4 is in the Globe, Appendix. On the
condition of the treasury see House Misc. Doc. 20, 36th Cong., 2d Sess.
The supplementary act of August 5 is in MacDonald, Select Statutes, No. 10.
An Ad to authorize a National Loan and for other Purposes.
Be it enacted . . . , That the Secretary of the Treasury be,
and he is hereby, authorized to borrow on the credit of the
United States, within twelve months from the passage of this
act, a sum not exceeding two hundred and fifty millions of dol-
lars, or so much thereof as he may deem necessary for the public
service, for which he is authorized to issue coupon bonds, or
registered bonds, or treasury notes, in such proportions of each
as he may deem advisable; the bonds to bear interest not ex-
ceeding seven per centum per annum, payable semi-annually,
irredeemable for twenty years, and after that period redeemable
at the pleasure of the United States; and the treasury notes to
be of any denomination fixed by the Secretary of the Treasiuy,
not less than fifty dollars, and to be j)ayable three years after
date, with interest at the rate of seven and three tenths per
centum per annum, j)ayable semi-annually. And the Secretary
of the Treasury may also issue in exchange for coin, and as part
of the above loan, or may pay for salaries or other dues from
the United States, treasury notes of a less denomination than
fifty dollars, not bearing interest, but payable on demand by the
i86i] ACT FOR A NATIONAL LOAN 437
Assistant Treasurers of 4he United States at Philadelphia, New
York, or Boston, or treasury notes bearing interest at the rate
of three and sixty-five hundredths per centum, payable in one
year from date, and exchangeable at any time for treasury notes
for fifty dollars, and upwards, issuable under the authority of
this act, and bearing interest as specified above : Provided^ That
no exchange of such notes in any less amount than one hundred
dollars shall be made at any one time: And provided furtheff
That no treasury notes shall be issued of a less denomination
than ten dollars, and that the whole amount of treasury notes, not
bearing interest, issued under the authority of this act, shall not
exceed fifty millions of dollars.
♦ ♦♦♦♦He**
Sec. 6. And be U further enacted^ That whenever any treasury
notes of a denomination less than fifty dollars, authorized to be
issued by this act, shall have been redeemed, the Secretary of
the Treasury may re-issue the same, or may cancel them and
issue new notes to an equal amount: Provided^ That the aggre-
gate amount of bonds and treasury notes issued under the fore-
going provisions of this act shall never exceed the full amount
authorized by the first section of this act; and the power to
issue, or re-issue such notes shall cease and determine after the
thirty-first of December, eighteen hundred and sixty-two.
Sec. 7. And he U further enacted^ That the Secretary of the
Treasury is hereby authorized, whenever he shall deem it ex-
pedient, to issue in exchange for coin, or in payment for public
dues, treasury notes of any of the denominations hereinbefore
specified, bearing interest not exceeding six per centxmi per
annum, and payable at any time not exceeding twelve months
from date, provided that the amount of notes so issued, or paid,
shall at no time exceed twenty millions of dollars.
♦ ♦♦♦♦♦♦♦
Sec. 9. And he U further enacted, That the faith of the United
States is hereby solemnly pledged for the payment of the inter-
est and redemption of the principal of the loan authorized by
this act.
**♦♦♦♦♦♦
438 EMPLOYMENT OF VOLUNTEERS [July aa
No. 1 20. Act authorizing the Employment
of Volunteers
July aa» 1861
A BILL to authorize the employment of volunteers, in accordance with the
recommendation of President Lincoln in his message of July 4, 1861, was in-
troduced in the Senate, July 6, by Henry Wilson of Massachusetts and passed
that house on the loth by a vote of 34 to 4. On the 12th the action was re-
considered, and the bill with further amendments was again passed by a vote
of 35 to 4. The passage of a substitute bill by the House caused a reference
of the matter to a conference committee, whose report was agreed to by the
two houses on the i8th. The discussion in each house had to do mainly with
the details of organization of the volunteers provided for by the bill.
References. — Text in U.S. Statutes at Large^ XIl., 268-271. For the
debates see the House and Senate Journals and Cong. Globe^ 37th Cong., ist
Sess. On the efficiency of volunteers and the condition of the militia see
House Exec. Doc. 54 and House Report 58, 36th Cong., 2d Sess., and House
Report I, 37th Cong., ist Sess. A summary view of early military legislation.
Union and Confederate, is given in McPherson, History of the RebeUion,
115-121.
An Ad to authorize the Employment of Volunteers to aid in enforc-
ing the Laws and protecting Public Property.
Whereas, certain of the forts, arsenals, custom-houses, navy
yards, and other property of the United States have been
seized, and other violations of law have been committed and
are threatened by organized bodies of men in several of the
States, and a conspiracy has been entered into to overthrow
the Government of the United States: Therefore,
Be it enacted . . . , That the President be, and he is hereby,
authorized to accept the services of volunteers, either as cavalry,
infantry, or artillery, in such numbers, not exceeding five hun-
dred thousand, as he may deem necessary, for the purpose of
repelling invasion, suppressing insurrection, enforcing the laws,
and preserving and protecting the public property: Provided^
That the services of the volunteers shall be for such time as the
President may direct, not exceeding three years nor less than
six months,^ and they shall be disbanded at the end of the war. . . .
* A supplementary act of July 25, 1861, provided that volunteers should "be
mustered in for 'during the war.*" — Ed.
1 861] RESOLUTION ON THE WAR 439
Sec. 2. And be U further enacled, That the said volunteers
shall be subject to the rules and regulations governing the army
of the United States, and that they shall be formed, by the Presi-
dent, into regiments of infantry, with the exception of such
numbers for cavahy and artillery, as he may direct, not to
exceed the proportion of one company of each of those arms to
every regiment of infantry, and to be organized as in the regu-
lar service. ...
[The remainder of the act relates to the organization of the
volunteers, the appointment of officers, etc.]
No. 121. Resolution on the Nature and
Object of the War
July 22, 1861
A RESOLUTION declaratory of the nature and object of the war was offered
in the Hotise, July 22, 1861, by John J. Crittenden of Kentucky. In the vote
the resolution was divided, the first part, through the word "capital/' being
adopted by a vote of 122 to 2, and the remainder by a vote of 1 17 to 2. A
resolution in practically identical terms was offered in the Senate, July 24, by
Andrew Johnson of Tennessee, and on the 25th, after a long discussion, was
adopted, the vote being 30 to 5. The resolutions, which "gave expression
to the common sentiment of the country," were the only formal declarations
out of a great number submitted which passed the houses.
References. — Text in House Journal^ 37th Cong., ist Sess., 123. For
the debates see the Cong. Globe, A list of the principal declaratory resolu-
tions submitted, with the action on each, is griven in McPherson, RebeUunif
285-290.
Resolved . . . , That the present deplorable civil war has been
forced upon the country by the disunionists of the southern
States, now in anns against the constitutional government, and
in arms around the capital ; that in this national emergency,
Congress, banishing all feelings of mere passion or resentment,
will recollect only its duty to the whole country ; that this war
is not waged on their part in any spirit of oppression, or for any
purpose of conquest or subjugation, or purpose of overthrowing
or interfering with the rights or established institutions of those
States, but to defend and maintain the supremacy of the Consti-
440 ACT FOR CALLING OUT THE MILITIA [July 2^
tution, and to preserve the Union with all the dignity, equality,
and rights of the several States unimpaired; and that as soon
as these objects are accomplished the war ought to cease.
No. 122. Act for Calling out the Militia
July 29, z86z
A BILL '*to provide for the suppression of rebellion," etc., was introduced
in the House, July 10, by John A. Bingham of Ohio, and on the i6th |>assed
without a division. The bill passed the Senate on the 26th, and on the 29th
the act was approved.
References. — Text in U.S. Statutes at Large, XII., 281, 282. For the
proceedings see the House and Senate Journals and the Cong. Globe. The
changes made by the act are set forth in the House proceedings of July 16;
compare President Buchanan's remarks on the employment of the militia
under the acts of 1795 and 1807, in his annual message of December 3, i860.
An Act to provide for the Suppression of Rebellion against and
Resistance to the Laws of the United States^ and to amend the
Act entitled '^ An Act to provide for calling forth the Militia to
execute the Laws of the Union,** fir'c., passed . . . [February 28,
1795]-
Be it enacted . . . , That whenever, by reason of unlawful
obstructions, combinations, or assemblages of persons, or rebel-
lion against the authority of the Government of the United
States, it shall become impracticable, in the judgment of the
President of the United States, to enforce, by the ordinary
course of judicial proceedings, the laws of the United States
within any State or Territory of the United States, it shall be
lawful for the President of the United States to call forth the
militia of any or all the States of the Union, and to employ such
parts of the land and naval forces of the United States as he may
deem necessary to enforce the faithful execution of the laws of
the United States, or to suppress such rebellion in whatever
State or Territory thereof the laws of the United States may be
forcibly opposed, or the execution thereof forcibly obstructed.
Sec. 2. And he it further enacted, That whenever, in the
judgment of the President, it may be necessary to use the mili-
i86i] PUNlSHxMENT OF CONSPIRACIES 441
tary force hereby directed to be employed and called forth bj
him, the President shall forthwith, by proclamation, command
such insurgents to disperse and retire peaceably to their respec-
tive abodes, within a limited time.
Sec. 3. And be it further enacted^ That the militia so called
into the service of the United States shall be subject to the same
rules and articles of war as the troops of the United States, and
be continued in the service of the United States until discharged
by proclamation of the President: Provided^ That such continu-
ance in service shall not extend beyond sixty days after the
commencement of the next regular session of Congress, unless
Congress shall expressly provide by law therefor : . . .
Sec. 7. And be it further enacted. That the marshals of the
several districts of the United States, and their deputies, shall
have the same powers in executing the laws of the United States
as sheriffs and their deputies in the several States, have by law,
in executing the laws of the respective States.
♦ «♦♦♦♦♦♦
No. 123. Act to Define and Punish certain
Conspiracies
July 31, x86x
A BILL "to define and punish certain conspiracies" was presented in the
House, July 1 5, by John Hickman of Pennsylvania, and passed by a vote of
1 23 to 7. In the Senate the printing of a minority report submitted by Bayard
of Delaware and Powell of Kentucky was refused by a vote of 10 to 29,
and on the 26th the bill in amended form passed the Senate. Nine Senators
entered a protest against the bill. The amendment of the Senate was con-
curred in by the House on the 30th, and the next day the act was approved.
References. — Text in U.S. Statutes at Large^ XII., 284. The important
proceedings are those of the Senate for July 24 and 26 {Cong. Globe, 37th
Cong., ist Sess.).
An Act to define and punish certain Conspiracies,
Be it enacted . . . , That if two or more persons within any
State or Territory oi the United States shall conspire together
442 CONFISCATION ACT [August 6
to overthrow, or to put down, or to destroy by force, the Govern-
ment of the United States, or to levy war against the United
States, or to oppose by force the authority of the Government
of the United States; or by force to prevent, hinder, or delay
the execution of any law of the United States; or by force to
seize, take, or possess any property of the United States against
the will or contrary to the authority of the United States; or by
force, or intimidation, or threat to prevent any person from
accepting or holding any office, or trust, or place of confidence,
under the United States; each and every person so oflFending
shall be guilty of a high crime, and upon conviction thereof in
any district or circuit court of the United States, having juris-
diction thereof, or district or supreme court of any Territory of
the United States having jurisdiction thereof, shall be punished
by a fine not less than five hundred dollars and not more than
five thousand dollars; or by imprisonment, with or without hard
labor, as the court shall determine, for a period not less than
six months nor greater than six years, or by both such fine and
imprisonment.
No. 124. Confiscation Act
August 6, z86i
A BILL "to confiscate property used for insurrectionary purposes" was
introduced in the Senate, July 1 5, by Lyman Trumbull of Illinois. When the
bill was reported by the Committee on the Judiciary, on the 25th, TrumbuU
proposed an additional section, embodying in a shorter form the provisions of
section four of the act. The amended bill passed the Senate July 22. The
proposed forfeiture of the claims of owners to such of their slaves as had been
compelled to work in aid of the rebellion aroused strong opposition in the
House, but an amendment in the form of a substitute for the final section of
the Senate bill, being section four of the act as passed, was agreed to, August 3,
by a vote of 60 to 48. By a vote of 24 to 11 the Senate concurred in the
amendment of the House, and on the 6th the act was approved. The Confis-
cation Act was the first legislative step towards emancipation.
References. — Text in U.S. Statutes at lAirge, XH., 319. For the pro-
ceedings see the House and Senate Journals, 37th Cong., ist Sess., and the
L 'ong. Globe. For the retaliatory act of the Confederate Congress, August 30,
see Confederate Statutes at Largey 201. On Butler's course see Butler's Book.
256 seq.f and War Records, Series I., Vol. I., 53.
i80i]
CONKISC'ATION ACT
4-
An Act Uf confiscate Property used for Insurrectionary Pur post
Be it enacted . . . , That if, during the present or any futu
insurrection against the Government of the United States, aft
the President of the United States shall have declared, by pro
lamation, that the laws of the United States are opposed, and tl
execution thereof obstructed, by combinations too powerful to I
suppressed by the ordinary course of judicial pioceedings, or I
the power vested in the marshals by law, any person or person
his, her, or their agent, attorney, or employ^, shall purchase <
acquire, sell or give, any property of whatsoever kind or descri]
tion, with inten^ to use or employ the same, or suffer the san
to be used or employed, in aiding, abetting, or promoting sue
insurrection or resistance to the laws, or any person or persoi
engaged therein; or if any person or persons, being the ownt
or owners of any such property, shall knowingly use or emplo;
or con^nt to the use or employment of the same as aforesaid, a
such property is hereby declared to be lawful subject of pri;
and capture wherever found; and it shall be the duty of tl
President of the United States to cause the same to be seizes
confiscated, and condemned.
Sec. 2. And be it further enacted^ That such prizes and caj
ture shall be condenmed in the district or circuit court of tl
United States having jurisdiction of the amount, or in admirall
in any district in which the same may be seized, or into whic
they may be taken and proceedings first instituted.
Sec. 3. And he it further enactedy That the Attorney- Genera
or any dbtrict attorney of the United States in which sal
property may at the time be, may institute the proceedings <
condenmation, and in such case they shall be wholly for tl
benefit of the United States ; or any person may file an info
mation with such attorney, in which case the proceedings sha
be for the use of such informer and the United States in equ
parts.
Sec. 4. And be it further enacted, That whenever hereafte
during the present insurrection against the Government of tl
United States, any person claimed to be held to labor or servi<
under the law of any State, shall be required or permitted by tl
person to whom such labor or service is claimed to be due, or I
444 SEIZURE OF RAILROAD AND TELEGRAPH LINES [Jan. 31
the lawful agent of such person, to take up arms against the
United States, or shall be required or permitted by the person
to whom such labor or service is claimed to be due, or his law^-
ful agent, to work or to be employed in or upon any fort, navy
yard, dock, armory, ship, entrenchment, or in any military or
naval service whatsoever, against the Government and lawful
authority of the United States, then, and in every such case, the
person to whom such labor or service is claimed to be due shall
forfeit his claim to such labor, any law of the State or of the
United States to the contrary notwithstanding. And whenever
thereafter the person claiming such labor or service shall seek to
enforce his claim, it shall be a full and sufficient answer to such
claim that the person whose service or labor is claimed had been
employed in hostile service against the Government of the
United States, contrary to the provisions of this act.
No. 125. Act authorizing the Seizure of
Railroad and Telegraph Lines
January 31, z86a
In his report of July i, 1861, the Secretary of War, Cameron, stated that
the resistance to the passage of troops through Baltimore, the d^structiomof
bridges on certain railroads, and the refusal of the Baltimore and Ohio Rail-
road Company to transport government forces and supplies, had made it
necessary ''to take possession of so much of the railway lines as was required
to form a connection with the States from which troops and supplies were
expected;" and an appropriation for the construction and operation, when
necessary, of railroad and telegraph lines was recommended. Further specific
recommendations for construction were made in the annual report of Decem-
ber I. A bill in accordance with the earlier recommendation was reported to
the Senate, January 22, by Benjamin F. Wade of Ohio, from the Joint Com-
mittee on the Conduct of the War, and passed with amendments on the aSth
by a vote of 23 to 12. The next day, by a vote of 113 to 28, the bill passed
the House, and on the 31st the act was approved. An order taking military
possession of all railroads was issued May 25.
References. — Text in US. Statutes at Large, XII., 334, 335. For the
proceedings see the House and Senate Journals, 37th Cong., 2d Sess., and the
Cong. Globe. The debate in the Senate is of most importance. Cameron's
report of 1861 is in the Globe, Appendix.
iS62| SEIZURE OF RAIEROAD AND TEEEC'.RAPH ELVES 4.
An Act to authorize the President of the United States in certa
Cases to take Possession of Railroad atid Telegraph Lines, ai
for other Purposes.
Be it enacted . . . , That the President of the United State
when in his judgment the public safety may require it, be, ai
he is hereby authorized to take possession of any or all the tel
graph lines in the United States, their offices and appurtenance
to take possession of any or all the railroad lines in the Uniti
States, dieir rolling-stock, their offices, shops, buildihgs, and i
their appendages and appurtenances; to prescribe rules ai
regulations for the holding, using, and maintaining of the afor
said telegraph and railroad lines, and to extend, repair, and cor
plete the same,' in the manner most conducive to the safety ai
interest of the Government; to place under military control i
the officers, agents, and employes belonging to the telegraph ai
railroad lines thus taken possession of by the President, so th
they shall be considered as a post road and a part 6f the milita
establishment of the United States, subject to all the restrictio:
impK>sed by the rules and articles of war.
Sec. 2. And he it further enacted, That any attempt by ai
party or parties whomsoever, in any State or District in whi(
the laws of the United States are opposed, or the •executi(
thereof obstructed by insurgents and rebels against the Unit<
States, too jjowerful to be suppressed by the ordinary course
judicial proceedings, to resist or interfere with the unrestraint
use by Government of the property described in the precedii
section, or any attempt to injure or destroy the property afor
said, shall be punished as a military offence, by death, or su(
other penalty as a court-martial may impose.
Sec. 4. And be it furtJter enacted, That the transportation
troops, munitions of war, equipments, military property ar
stores, throughout the United States, shall be under the immec
ate control and supervision of the Secretary of War and su(
agents as he may appoint; and all rules, regulations, article
usages, and laws in conflict with this provision are hereby annulle<
^F * ^F ^F ^h ^h ^ ^ 'r
' B J a joint resolution of July 14, 1863, so much of the act as authorized t
Goostnictioii, extension, or completion of any railroad was repealed. — Ed.
446 ISSUE OF LEGAL TENDER NOTES [Feb. as
No. 126. Act authorizing the Issue of L^al
Tender Notes
February 25, iMa
In his annual report of December 9, 1861, Secretary Chase stated that
loans to the amount of $aoo,coo,coo would be required to meet the estimated
ei^penditures for the fiscal year ending June 30, i86a. He proposed the
establishment of a national banking system, but did not recommend the fur-
ther issue of treasury notes. December a8 the New York banks suspended
specie payment. By a joint resolution of January ai, i86a, Congress an-
nounced its intention of raising $1 50,000,000 by taxes and duties. January a a
Elbridge G. Spaulding of New York reported to the House, from the Com-
mittee of Ways and Means, a bill to authorize the issue of legal tender notes,
etc., being a substitute for a bill for the issue of $100,000,000 demand notes,
but without the legal tender provision, reported by Spaulding January 7.
The bill encountered strong opposition both in and out of Congress, but on
February 6 it passed the House, with various amendments, by a vote of 93 to
59. On the 13th the Senate, by a vote of 17 to 22, rejected an amendment
striking out the legal tender clause, and passed the bill with amendments by
a vote of 30 to 7. The House refusing to concur in the amendments of
the Senate, the bill went to a conference committee, whose report was accepted
on the 24th by the House by a vote of 98 to 22, and by the 5>enate without a
division. The next day, however, on the motion of Fessenden, the action of
the Senate was reconsidered and a second conference asked for. The report
of this comjnittee was accepted by the houses, and on the a5th the act was
approved. A further issue of legal tender notes, to the amount of $1 50,000,000,
was authorized by an act of July 11, a third, to the amount of $100,000,000,
by a joint resolution of January 17, 1863, and a fourth, of $150,000,000,
March 3, 1863.
References. — Text in U.S, Statutes at Large^ XII., 345-348. For the
proceedings see the House and Senate Journals, 37th Cong., ad Sess., and the
Cong. Globe, where are also the texts of the numerous amendments offered.
Morrill's substitute, embodying the recommendations of business men and
bankers in consultation with Chase, and without the legal tender clause, is
summarized in the Globe for February 4. On the constitutionality of the legal
tender provision see Hepburn v, Griswold, 8 Wallace, toy. Legal Tender
Cases, I a ibid., 457; JuUlard v. Greenman, no U.S. Reports, 4ai.
An Act to authorize the Issue of United States Notes, and for the
Redemption or Funding thereof and for Funding the Floating
Debt of the United States.
Be it enacted . . . , That the Secretary of the Treasury is
hereby authorized to issue, on the credit of the United States,
i862] ISSUE OF LE(;AL TENDER NOTES 4
1 one hundred and fifty millions of dollars of United States note
not bearing interest, payable to bearer, at the Treasury of tl
United States, and of such denominations as he may deem e
pedient, not less than five dollars each : Provided^ however , Th
fifty millions of said notes shall be in lieu of the demand Trea
ury notes authorized to be issued by the act of . . . [July i
1861] . . . ; which said demand notes shall be taken up as rapid
as practicable, and the notes herein provided for substituted f(
them: And prcvided further y That the amount of the two kin<
of notes together shall at no time exceed the sum of one hundn
and fifty millions of dollars, and such notes herein authorized sh^
be receivable in payment of all taxes, internal duties, excises, debt
and demands of every kind due to the United States, except duti(
' on imports, and of all claims and demands against the Unite
States of every kind whatsoever, except for interest upon bon<
and notes, which shall be paid in coin, and shall also be lawfi
money and a legal tender in payment of all debts, public an
private, within the United States, except duties on imports an
interest as aforesaid. . . . And such United States notes shall 1
received the same as coin, at their par value, in payment for an
loans that may be hereafter sold or negotiated by the Secretary <
the Treasury, and may be re-issued from time to time as tl
exigencies of the public interests shall require.
Sec. 2. And be U further enacted^ That to enable the Seen
tary of the Treasury to fund the Treasury notes and floatir
debt of the United States, he is hereby authorized to issue, 0
the credit of the United States, coupon bonds, or registere
bonds, to an amount not exceeding five hundred millions <
dollars, redeemable at the pleasure of the United States aft<
five years, and payable twenty years from date, and bearin
interest at the rate of six per centum per annum, payable sem
annually . . . ; and all stocks, bonds, and other securities of tl
United States held by individuals, corporations, or association
within the United States, shall be exempt from taxation by (
under State authority.
Sec. '5. And be it further enacted. That all duties on importe
goods shall be paid in coin, or in notes payable on deman
heretofore authorized to be issued and by law receivable in pa]
448 ADDITIONAL ARTICLE OF WAR [March 13
ment of public dues, and the coin so paid shall be set apart as
a special fund, and shall be applied as follows:
First. To the payment in coin of thp intpr^^t nry \\^p> Kf>nHc
and notes of the United States.
Second. To the purchase or payment of one per centum of
the entire debt of the United States, to be made within each
fiscal year after . . . [July i, 1862 J . . . , which b to be set
apart as a sinking fund, and the interest of which shall in like
manner be applied to the purchase or payment of the public debt
as the Secretary of the Treasury shall from time to time direct.
Third. The residue thereof to be paid into the Treasury of
the United States.
No. 127. Act for an Additional Article of
War
March 13, i86a
July 9, 1861, the House of Representatives, by a vote of 92 to 55, resolved
that "it is no part of the duty of the soldiers of the United States to capture
and return fugitive slaves." December 23 the House Committee on Military
Affairs was instructed to report a bill to make an additional article of war for-
bidding the use of the United States troops to return fugitives from service or
labor. A bill to that effect was reported February 25, and [>assed, after much
obstructive opposition, by a vote of 95 to 51. March 10, in the Senate, an
amendment "that this article shall not apply in the States of Delaware, Mary-
land, Missouri, and Kentucky, nor elsewhere where the federal authority is
recognized or can be enforced," was rejected, and the bill, by a vote of 29 to 9,
passed.
References. — Text in U.S. Statutes at Large, XII., 354. For the debates
see the House and Senate Journals, 37th Cong., 2d Sess., and the Cong. Globe.
Various military orders and reports relating to the subject are collected in
Mcpherson, Rebellion, 244 seq.
An Act to make an additional Article of War.
Be it enacted . . . , That hereafter the following shall be pro-
mulgated as an additional article of war for the government of
the army of the United States, and shall be obeyed and observed
as such:
iS62j
coMi>F.NSA'rFj) r:M.\N(^iPAri()\
,IJ
Article — . All officers or persons in the military or naval se
vice of the United States are prohibited from employing any <
the forces under their respective commands for the purpose <
retviming fugitives from service or labor, who may have escape
from any persons to whom such service or labor is claimed to b
due, and any officer who shall be found guilty by a court-marti
of violating Uiis article shall be dismissed from the service.
No. 128. Joint Resolution on Compensate
Emancipation
April 10, z86a
The first proposition for compensated emancipation seems to have bee
brought forward by James B. McKean of New York, who introduced in i\
House, February 11, 1861, a resolution for the appointment of a select con
mittee to inquire into the practicability of emancipating the slaves in the bo
der States. No action was taken on the resolution. In a special message 1
Congress, March 6, i86a, Lincoln recommended the adoption of a resolutic
in the identical terms of the resolution following. The resolution was intn
duced in the House, March 10, by Roscoe Conkling of New York, under su:
pension of the rules, and the next day passed by a vote of 97 to 36. Th
Senate passed the resolution April a, the vote being 32 to 10. April 7, by
vote of 67 to 52, the House adopted a resolution, submitted by Albert 5
White of Indiana, for the appointment of a select committee of nine on con
penaated emancipation in the border States. On March 10, and again o
July I a, Lincoln had interviews with representatives of the border States, bi
the conferences were fruitless. In his proclamation of May 19, setting asid
General Hunter's proclamation declaring free the slaves in Georgia, Floridi
and South Carolina, Lincoln made an earnest plea for the acceptance of tb
offer proposed by the resolution ; while in his annual message of December :
i86a, he discussed the subject at length, and proposed an amendment to tli
Constitution to carry the plan into effect. Bills providing for compensate
emancipation in Missouri and Maryland were introduced in the House i
January, 1863, but failed to pass.
Refkrences. — Text in U.S. Statutes at Large, XII., 617. For the pre
ceedings see the House and Senate Journals^ 37th Cong., ist Sess., and th
Cong. Globe, Papers relating to Lincoln's interviews with representatives c
the border States are in McPherson, Rehellion, 213-220. Sec also Senate Ri
pert I a and House Report 148, 37th Cong., 2d Sess.; House Report 33, 391
Cong.« I St Sess.
450 SLAVERY IN DISTRICT OF COLUMBIA [April i6
Joint Resolution declaring that the United States ought to codffcrate
withf affording pecuniary Aid to any State which may adopt the
gradual Abolishment of Slavery.
Be it resolved . . . , That the United States ought to cooper-
ate with any State which may adopt gradual abolishment of
slavery, giving to such State pecuniary aid, to be used by such
State in its discretion, to compensate for the inconveniences,
public and private, produced by such change of system.
No. 129. Act abolishing Slavery in the
District of Columbia
April z6, i86a
A BILL "for the release of certain persons held to service or labor in the
District of Columbia'' was introduced in the Senate, December i6» 1861, by
Henry Wilson of Massachusetts. The debate on the bill began March 1 2 and
developed much opposition, but April 3, by a vote of 29 to 14, the bill passed.
In the House a motion to reject the bill was lost, 45 to 93, and on the i ith the
bill passed, the final vote being 85 to 40. In his message of approval Lincoln
suggested that further time be allowed for the presentation of claims, and that
provision be made for " minors, /fmm«5 covert ^ insane, or absent persons";
and a supplementary act was passed July 1 2 embodying these changes. The
civil appropriation act of July 16 made an appropriation of $5op,ooo for the
removal and colonization of the emancipated negroes, but this, as to the unex-
pended balance, together with section eleven of the act of April 16, was re-
pealed by the civil appropriation act of July 2, 1864. Acts of May 20 and ai
provided for the education of colored children in the District.
References. — Text in U.S. Statutes at Large, XII., 376-378. For the
proceedings see the House and Senate Journals, 37th Cong., 2d Sess.,and the
Cong. Globe. Calvert's minority report, March 12, is House Report 58. For
a report of the commissioners see House Exec. Doc. 42, 38th Cong., ist Sess.
An Act for the Release of certain Persons held to Service or Labor
in the District of Columbia.
Be it enacted . . . , That all persons held to service or labor
within the District of Columbia by reason of African descent are
hereby discharged and freed of and from all, claim to such service
1862] SLAVERY IN DISTRICT OF COLUMBIA 451
or labor; and from and after the passage of this act neither slav-
ery nor involuntary servitude, except for crime, whereof the party
shall be duly convicted, shall hereafter exist in said District.
Sec. 2. And be U further enacted^ That all persons loyal to the
United States, holding claims to service or labor against persons
discharged therefrom by this act, may, within ninety days from the
passage thereof, but not thereafter, present to the conmiissioners
hereinafter mentioned their respective statements or petitions in
writing, verified by oath or affirmation, setting forth the names,
ages, and personal description of such persons, the manner in which
said petitioners acquired such claim, and any facts touching the
value thereof, and declaring his allegiance to the Government of
the United States, and that he has not borne arms against the
United States during the present rebellion, nor in any way given
aid or comfort thereto: Provided^ That the oath of the party to
the petition shall not be evidence of the facts therein stated.
Sec. 3. And be U further enacted. That the President of the
United States, with the advice and consent of the Senate, shall
appoint three commissioners, residents of the District of Colum-
bia, . . . who shall receive the petitions above mentioned, and
who shall investigate and determine the validity and value of the
claims therein presented, as aforesaid, and appraise and apportion,
under the proviso hereto annexed, the value in money of the several
claims by them found to be valid: Provided, however, That the
entire sum so appraised and apportioned shall not exceed in the
aggregate an amount equal to three hundred dollars for each person
shown to have been so held by lawful claim : And provided, further,
That no claim shall be allowed for any slave or slaves brought
into said District after the passage of this act, nor for any slave
claimed by any person who has borne arms against the Govern-
ment of the United States in the present rebellion, or in any way
given aid or comfort thereto, or which originates in or by virtue
of any transfer heretofore made, or which shall hereafter be made
by any person who has in any manner aided or sustained the
rebellion against the Government of the United States.
^F ^F ^P •P ^h ^h ^F ^P
452 OATH OF OFFICE [July a
No. 130. Abolition of Slavery in the Ter-
ritories
June zg, i86a
March 24, 1862, Isaac N. Arnold of Illinois introduced in the House a bill
** to render freedom national and slavery sectional." Another bill with a simi-
lar title was introduced May i by Owen Lovejoy of Illinois. The latter bill,
with amended title, was reported May 8 as a substitute for the Arnold bill,
and on the 1 2th passed the House by a vote of 85 to 50. The Senate, June 9,
amended the House bill by substituting the text of the act as passed, the vote
being 28 to 10. On the 17th the House concurred in the Senate amendment,
and on the 19th the act was approved. The prohibition of the act was in-
corporated in the later acts organizing the Territories of Arizona and Idaho.
References. — Text in U.S. Statutes at Large^ XII., 432. For the pro-
ceedings see the House and Senate Journals^ 37th Cong., 2d Seas., and the
Cong. Globe,
An Act to secure Freedom to all Persons within the Territories
of the United States,
Be it enacted . . . , That from and after the passage of this
act there shall be neither slavery nor involuntary servitude in any of
the Territories of the United States now existing, or which may at
any time hereafter be formed or acquired by the United States,
otherwise than in punishment of crimes whereof the party shall
have been duly convicted.
No. 131. Oath of Office
July 2, i86a
By an act of August 6, 1861, all members of the civil departments of the
government were required to take an oath of allegiance to the United States
"against all enemies, domestic or foreign, . . . any ordinance, resolution, or
law of any State convention or legislature to the contrary notwithstanding."
An act of May 20, 1862, required voters in Washington and Georgetown, if
challenged for disloyalty, to take a similar oath, with the addition of a clause
declaring that the subscriber had "always been loyal and true to the Govern-
ment of the United States." An act of June 17 imposed upon grand and
i862] OATH OF OFFICE 453
petit jurors in United States courts an oath declaring "that you have noi
Hithout duress and constraint, taken up arms, or joined any insurrection or
rebellion against the United States; that you have not adhered to any in-
surrection or rebellion, giving it aid and comfort; that you have not, directly
or indirectly, given any assistance in money, or any other thing, to any person
or persons whom you knew, or had good ground to believe, had joined, or
was about to join, said insurrection and rebellion, or had resisted, or was about
to resist, with force of arms, the execution of the laws of the United States; and
that you have not counselled or advised any person or persons to join any re-
hellion against, or to resist with force of arms, the laws of the United States."
The so-called "iron-clad" oath of July 2 had its origin in a bill introduced in
the House, March 24, by James F. Wilson of Iowa, "declaring certain per-
sons ineligible to office.'* June 4 a substitute reported by the Committee on
Judiciary, being a modified form of an amendment previously offered by Hor-
ace Maynard of Tennessee to a bill to free the slaves of rebels, was agreed to,
and the bill passed, the vote being 78 to 47. The Senate, on motion of
Garrett Davis of Kentucky, added an amendment excepting the Vice-Presi-
dent and Senators and Representatives, the amended bill passing the Senate
on the 23d by a vote of 33 to 5. The House disagreeing, the Senate receded
from so much of its amendment as excepted Senators and Representatives,
and in this form the bill passed. The acts of June 17 and July 2 were re-
pealed by an act of May 13, 1884.
References. — Text in U.S. Statutes at Large, XII., 502, 503. For the
proceedings see the House and Senate Journals^ 37th Cong., 2d Sess., and
the Ci^ng. Globe. On the loyalty of government employees see House Report
16, 37th Cong., 2d Sess. On the modification of the oath see House Exec,
Doc, 81, 39th Cong., I St Sess., House Report , 51, ibid., Senate Exec, Doc, 38,
ibid,, and No. 159, post.
An Act to prescribe an Oath of Office, and for other Purposes.
Be it enacted . . . , That hereafter every person elected or
appointed to any office of honor or profit under the government
of the United States, either in the civil, military or naval depart-
ments of the public service, excepting the President of the United
States, shall, before entering upon the duties of such ofl&ce, and
before being entitled to any of the salary or other emoluments
thereof, take and subscribe the following oath or affirmation:
"I, A. B., do solemnly swear (or affirm) that I have never volun-
tarily borne arms against the United States since I have been a
citizen thereof; that I have voluntarily given no aid, countenance,
counsel, or encouragement to persons engaged in armed hostility
thereto; that I have neither sought nor accepted nor attempted
to exercise the functions of any office whatever, under any author-
454 CONFISCATION ACT [July i?
ity or pretended authority in hostility to the United States; that
I have not yielded a voluntary support to any pretended govern-
ment, authority, power or constitution within die United States,
hostile or inimical thereto. And I do further swear (or affirm)
that, to the best of my knowledge and ability, I will support and
defend the Constitution of the United States, against all enemies,
foreign and domestic; that I will bear true faith and allegiance
to the same; that I take this obligation freely, without any mental
reservation or purpose of evasion, and that I will well and faith-
fully discharge the duties of the office on which I am about to
enter, so help me God;" . . .
No. 132. Confiscation Act
July 17, i86a
A BILL "to confiscate the property of rebels for the pa3rment of the ex-
penses of the present rebellion" was reported in the House, May 14, 1862, by
Thomas D. Eliot of Massachusetts, from the select committee on the confisca-
tion of rebel property, together with a bill to free the slaves of rebels. On the
26th a substitute for the two bills, offered by Morrill of Vermont on the 20th,
was rejected by a vote of 25 to 122, and the bill passed, the vote being 8a to
68. The House bill was more stringent than the act finally passed, but a
substitute agreed to by the Senate, June 28, by a vote of 28 to 13, was thought
by the House too lenient, and by a vote of 8 to 123 the amendment of the
Senate was disagreed to. The report of the conference committee, being
the Senate substitute with amendments, was agreed to by the House, July ii,
by a vote of 82 to 42, and by the Senate, July 12, by a vote of 28 to 13.
President Lincoln had intended to veto the bill on the ground that under it
offenders would be forever divested of title to their real estate, and punish-
ment would thus be made to extend beyond the life of the guilty party. To
obviate this objection, a joint resolution explanatory of the act was hurried
through both houses July 17. Lincoln, in communicating to Congress his
approval of the act and the resolution, transmitted also the veto message
which he had already pre[>ared. A proclamation under section 6 of the act
was issued the same day that the act as approved, and December 8, 1863, a
proclamation of amnesty [No. 137] under section 13. The latter secdon
was repealed, with the purpose of restricting the [>ardoning power of the
President, July 17, 1867.
References. — Text in U.S. Statutes at Large^ XII., 589-592. For the
proceedings see the House and Senate JournalSy 37th Cong., 2d Sess., and the
Cong. Globe. The texts of all amendments and substitutes are in the GMte.
The debates called out numerous formal speeches. On the seizure of landi
^S^l CONFISCATION ACT
4SS
under the act see a report by O. O. Howard, House Exec. Doc, 19, 39th Cong.,
1st Sess.; sec also Senate Exec, Doc. 58, 40th Cong., ad Sess.
An Actio suppress Insurreclion, to punish Treason and Rebeilian^
to seize and confiscate the Property of Rebels, and for other Pur-
poses,
Be it enacted . . . , That every person who shall hereafter com-
mit the crime of treason against the United States, and shall be
adjudged guilty thereof, shall suffer death, and all his slaves, if
any, shall be declared and made free; or, at the discretion of the
court, he shall be imprisoned for not less than five years and fined
not less than ten thousand dollars, and all his slaves, if any, shall
be declared and made free; . . .
Sec 2. And be it further enacted. That if any person shall
hereafter incite, set on foot, assist, or engage in any rebellion or
insun^ction against the authority of the United States, or the laws
thereof, or shall give aid or comfort thereto, or shall engage in, or
give aid and comfort to, any such existing rebellion or insurrection,
and be convicted thereof, such person shall be punished by im-
pnsonment for a period not exceeding ten years, or by a fine not
exceeding ten thousand dollars, and by the liberation of all his
slaves, if any he have; or by both of said punishments, at the
discretion of the court.
^ Sec. 3. Af^d he it further erected. That every person guilty of
e^fner of the offences described in this act shall be forever incapable
and disqualified to hold any office under the United States.
^p ^p ^p ^p ^p ^^ ^^
S^c. 5. And he it further enacted, That, to insure the speedy
^'^ination of the present rebellion, it shall be the duty of the
^^dent of the United States to cause the seizure of all the estate
^^ property, money, stocks, credits, and effects of the persons
"^'■^inafter named in this section, and to apply and use the same
^^ the proceeds thereof for the support of the army of the United
^^^^, that is to say:
^irst. Of any person hereafter acting as an officer of the army
<^r na.vy of the rebels in arms against the government of the United
States.
Secondly. Of any person hereafter acting as President, Vice-
^^^^dent, member of Congress, judge of any court, cabinet officer,
4S6 CONFISCATION ACT [July 17
foreign minister, commissioner or consul of the so-called confeder-
ate states of America.
Thirdly. Of any person acting as governor of a state, member
of a convention or legislature, or judge of any court of any of the
so-called confederate states of America.'
Fourthly. Of any person who, having held an office of honor,
trust, or profit in the United States, shall hereafter hold an office
in the so-called confederate states of America.
Fifthly. Of any person hereafter holding any office or agency
under the government of the so-called confederate states of Amer-
ica, or under any of the several states of the said confederacy, or
the laws thereof, whether such office or agency be national, state,
or municipal in its name or character : Provided, That the persons,
thirdly, fourthly, and fifthly above described shall have accepted
their appointment or election since the date of the pretended
ordinance of recession of the state, or shall have taken an oath
of allegiance to, or to support the constitution of the so-called
confederate states.
Sixthly. Of any person who, owning property in any loyal
State or Territory of the United States, or in the District of
Columbia, shall hereafter assist and give aid and comfort to such
rebellion; . . .
^ •p ^r ^^ ^r ^r ^p ^r
Sec. 9. And he it further enacted, That all slaves of persons
who shall hereafter be engaged in rebellion against the govern-
ment of the United States, or who shall in any way give aid or
comfort thereto, escaping from such persons and taking refuge
within the lines of the army; and all slaves captiu^ed from such
persons or deserted by them and coming under the control of the
government of the United States; and all slaves of such persons
found on [or] being within any place occupied by rebel forces and
afterwards occupied by the forces of the United States, shall be
deemed captives of war, and shall be forever free of their servi-
tude, and not again held as slaves.
Sec. 10. And he it further enacted. That no slave escaping into
any State, Territory, or the District of Columbia, from any other
State, shall be delivered up, or in any way impeded or hindered of
his liberty, except for crime, or some offence against the laws,
> See joint resolution of July ij {U. S. Stat, at Large, XII., 627). — £0.
1862] EMANCIPATION PROCLAMATION 457
unless the person claiming said fugitive shall first make oath that
the person to whom the labor or service of such fugitive is alleged
to be due is his lawful owner, and has not borne arms against the
United States in the present rebellion, nor in any way given aid
and comfort thereto; and no person engaged in the military or
naval service of the United States shall, under any pretence what-
ever, assume to decide on the validity of the claim of any p>erson
to the service or labor of any other person, or surrender up any
such person to the claimant, on pain of being dismissed from the
service.
Sec. II. And be it further enacted, That the President of the
United States is authorized to employ as many persons of African
descent as he may deem necessary and proper for the suppression
of this rebellion, and for this purpose he may organize and use
them in such manner as he may judge best for the public welfare.
No. 133. Emancipation Proclamation
January z, 1863
A DRAFT of an emancipation proclamation was read to the Cabinet by
Lincoln July 2a, 1862, but at Seward's suggestion the paper was laid aside
until an important Union victory should have been won. The desired vic-
tory came at Antietam, September 16-17. A preliminary proclamation was
issued September 22, and the definitive one January i, 1863. December 15,
in the House, a resolution declaring that the proclamation of September 22
"is warranted by the Constitution," and that the policy of emancipation "was
well chosen as a war measure, and is an exercise of power with proper regard
for the rights of the States and the perpetuity of free government," was
adopted by a vote of 78 to 51.
References. — Text in U.S. Statutes at Large^ XII., 1 268, 1 269. Various
resolutions submitted in the House and Senate are collected in McPherson,
RebtUion^ 209-233; on Fremont's proclamation of August 31, 1861, see
ibid.t 245-247. See also House Exec, Doc, 72, 37th Cong., 3d Sess.
Whereas, on . . . [September 22, 1862] . . . , a proclamation
was issued by the President of the United States, containing, among
other things, the following, to wit :
''That on . . . [January i, 1863] . . . , all persons held as
458 EMANCIPATION PROCLAMATION [Jan. i
slaves within any state or designated part of a state, the people
whereof shall then be in rebellion against the United States,
shall be then, thenceforward, and forever, free; and the Execu-
tive Government of the United States, including the military
and naval authority thereof, will recognize and maintain the
freedom of such persons, and will do no act or acts to repress
such persons, or any of them, in any efforts they may make for
their actual freedom.
"That the Executive will, on the first day of January afore-
said, by proclamation, designate the states and parts of states,
if any, in which the people thereof, respectively, shall then be in
rebellion against the United States; and the fact that any state,
or the people thereof, shall on that day be in good faith repre-
sented in the Congress of the United States, by members chosen
thereto at elections wherein a majority of the qualified voters of such
states shall have participated, shall, in the absence of strong counter-
vailing testimony, be deemed conclusive evidence that such state,
and the people thereof, are not then in rebellion against the United
States."
Now, therefore, I, Abraham Lincoln, President of the United
States, by virtue of the power in me vested as commander-in-
chief of the army and navy of the United States, in time of actual
armed rebellion against the authority and Government of the
United States, and as a fit and necessary war measure for sup-
pressing said rebellion, do, on this first day of January, . . .
[1863] . . . , and in accordance with my purpose so to do, publicly
proclaimed for the full period of one hundred days from the day
first above mentioned, order and designate as the states and parts
of states wherein the people thereof, respectively, are this day in
rebellion against the United States, the following, to wit :
Arkansas, Texas, Louisiana, (except the parishes of St. Ber-
nard, Plaquemines, Jefferson, St. John, St. Charles, St. James,
Ascension, Assumption, Terre Bonne, Lafourche, St. Mary, St.
Martin, and Orleans, including the city of New Orleans,) Missis-
sippi, Alabama, Florida, Georgia, South Carolina, North Carolina,
and Virginia, (except the forty-eight counties designated as West
Virginia, and also the counties of Berkeley, Accomac, North-
ampton, Elizabeth City, York, Princess Ann, and Norfolk,
including the cities of Norfolk and Portsmouth,) and which
1863] ENROLMENT ACT 459
excepted parts are for the present left precisely as if this procla-
mation were not issued.
And by virtue of the power and for the purpose aforesaid, I
do order and declare that all persons held as slaves within said
designated states and parts of states are, and henceforward
shall be, free; and that the Executive Government of the United
States, including the military and naval authorities thereof, will
recognize and maintain the freedom of said persons.
And I hereby enjoin upon the people so declared to be free
to abstain from all violence, unless in necessary self-defence;
and I reconmiend to them that, in all cases when allowed, they
labor faithfully for reasonable wages.
And I further declare and make known that such persons, of
suitable condition, will be received into the armed service of the
United States to garrison forts, positions, stations, and other
places, and to man vessels of all sorts in said service.
And upon this act, sincerely believed to be an act of justice,
warranted by the Constitution upon military necessity, I invoke
the considerate judgment of mankind and the gracious favor of
Almighty God.
^P ^r ^r ^r ^P ^r ^r ^r
No. 134. Enrolment Act
March 3, 1863
August 4, 1862, Lincoln ordered a draft of 300,000 men. Four days later
it was ordered that no citizen liable to be drafted should be allowed to go to
a foreign country. The draft was completed early in September. A bill to
provide for enrolling and calling out the national forces was reported in the
Senate, February 9, 1863, by Wilson of Massachusetts, from the Committee
on Military Affairs and Militia, to whom the subject had been referred, and on
the i6th passed without a division. In the House a motion to limit the enrol-
ment to white citizens was lost by a vote of 53 to 85; an attempt to strike
out the $300 commutation clause also failed, the vote being 67 to 87. Febru-
ary 25 the bill passed the House. The Senate concurred in the House amend-
ments, and March 3 the act was approved. A proclamation under section
twenty-six of the act was issued March 10, followed May 8 by a proclamation
relative to the status of aliens under the act.
References. — Text in U.S. SkUuUs at Large, XII., 731-737. For the
460 ENROLMENT ACT [March 3
proceedings see the House and Senate Journals^ 37th Cong., 3d Sess., and the
Cong. Globe, A summary of the bill as reported in the Senate is in the Globe,
February 16. The executive orders of August 4 and 8, 1862, are in Richard-
son, Messages and Papers of the Presidents ^ VI., 120-iai. On the enforce-
ment of the act see the annual report of the Secretary of War, 1863.
An Act for enrolling and calling out the national Forces ^ and for
other Purposes, •
Whereas there now exist in the United States an insurrection
and rebellion against the authority thereof, and it is, under
the Constitution of the United States, the duty of the govern-
ment to suppress insurrection and rebellion, to guarantee to
each State a republican form of government, and to preserve
the public tranquillity; and whereas, for these high purposes,
a military force is indispensable, to raise and support which
all persons ought willingly to contribute; and whereas no ser-
vice can be more praiseworthy and honorable than that which
is rendered for the maintenance of the Constitution and Union,
and the consequent preservation of free government: There-
fore—
Be it enacted . . . , That all able-bodied male citizens of the
United States, and persons of foreign birth who shall have de-
clared on oath their intention to become citizens under and in
pursuance of the laws thereof, between the ages of twenty and
forty-five years, except as hereinafter excepted, are hereby declared
to constitute the national forces, and shall be liable to perform
military duty in the service of the United States when called out by
the President for that purjx)se.
Sec. 2. Arid he it further enacted. That the following persons
be, and they are hereby, excepted and exempt from the provi-
sions of this act, and shall not be liable to military duty under
the same, to wit: Such as are rejected as physically or mentally
unfit for the service; also. First the Vice-President of the United
States, the judges of the various courts of the United States, the
heads of the various executive departments of the government,
and the governors of the several States. Second, the only son
liable to military duty of a widow dependent upon his labor for
support. Third, the only son of aged or infirm parent or parents
dependent upon his labor for support. Fourth, where there are
two or more sons of aged or infirm parents subject to draft, the
1863I ENROLMENT ACT 461
father, or, if he be dead, the mother, may elect which son shall
be exempt. Fifth, the only brother of children not twelve years
old, having neither father nor mother dependent upon his labor
for support. Sixth, the father of motherless children under
twelve years of age dependent upon his labor for support. Sev-
enth, where there are a father and sons in the same family and
household, and two of them are in the military service of the
United States as non-conmiissioned officers, musicians, or pri-
vates, the residue of such family and household, not exceeding
two, shall be exempt. And no persons but such as are herein
excepted shall be exempt: Provided, however, That no person
who has been convicted of any felony shall be enrolled or per-
mitted to serve in said forces.
Sec. 3. And be it further enacted, That the national forces of
the United States not now in the military service, enrolled under
this act, shall be divided into two classes: the first of which
shall comprise all persons subject to do military duty between
the ages of twenty and thirty-five years, and all unmarried per-
sons subject to do military duty above the age of thirty-five and
under the age of forty-five; the second class shall comprise all
other persons subject to do military duty, and they shall not, in
any district, be called into the service of the United States until
those of the first class shall have been called.*
Sec. 4. And be it further enacted, That, for greater conven-
ience in enrolling, calling out, and organizing the national forces,
and for the arrest of deserters and spies of the enemy, the United
States shall be divided into districts, of which the District of
Columbia shall constitute one, each territory of the United
States shall constitute one or more, as the President shall
direct, and each congressional district of the respective states,
as fixed by a law of the state next preceding the enrolment, shall
constitute one : . . .
Sec. 5. And be it further enacted, That for each of said dis-
tricts there shall be appointed by the President a provost-mar-
shal, . . . who shall be under the direction and subject to the
orders of a provost-marshal-general, . . . whose office shall be
at the seat of government, forming a separate bureau of the War
Department. . . .
> Sec act of February 24, 1864, section 11. — Ed.
462 ENROLMENT ACT [March 3
[Sections 6 and 7. Duties of provost-marshal-general and pro-
vost marshals.]
Sec. 8. And be U further enacted^ That in each of said districts
there shall be a board of enrolment, to be composed of the pro-
vost-marshal, as president, and two other persons, to be ap-
pointed by the President of the United States, one of whom shall
be a licensed and practising physician and surgeon.
Sec. 9. And be U further enacted y That it shall be the duty of
the said board to divide the district into sub-districts of con-
venient size, if they shall deem it necessary, not exceeding two,
without the direction of the Secretary of War, and to appoint,
on or before the tenth day of March next, and in each alternate
year thereafter, an enrolling officer for each sub-district, and to
furnish him with proper blanks and instructions; and he shall
immediately proceed to enrol all persons subject to military
duty, noting their respective places of residence, ages on the
first day of July following, and their occupation, and shall, on or
before the first day of April, report the same to the board of
enrolment, to be consolidated into one list, a copy of which shall
be transmitted to the provost-marshal-general on or before the
first day of May succeeding the enrolment : . . .
^p ^^ ^h ^^ ^^ ^^ ^p ^p
Sec. II. And be it further enacted, That all persons thus en-
rolled shall be subject, for two years after the first day of July
succeeding the enrolment, to be called into the military service
of the United States, and to continue in service during the present
rebellion, not, however, exceeding the term of three years. . . .
Sec. 12. And be it further enacted, That whenever it -may be
necessary to call out the national forces for military service, the
President is hereby authorized to assign to each district the number
of men to be furnished by said district ; and thereupon the enrolling
board shall, under the direction of the President, make a draft of
the required number, and fifty per cent, in addition. . . .
Sec. 13. And be it further enacted, That any person drafted
and notified to appear as aforesaid, may, on or before the day
fixed for his appearance, furnish an acceptable substitute to
take his place in the draft; or he may pay to such person as the
Secretary of War may authorize to receive it, such sum, not ex-
ceeding three hundred dollars, as the Secretary may determine,
i86j] HABEAS CORPUS 463
for the procuration of each substitute; . . . And any person
failing to report after due service of notice, as herein prescribed,
without furnishing a substitute, or paying the required sum
therefor, shall be deemed a deserter ...
♦ ♦♦♦♦♦♦♦
Sec. 35. And be U further enacted, That if any person shall
resist any draft of men enrolled under this act into the service
of the United States, or shall counsel or aid any person to re-
sist any such draft; or shall assault or obstruct any officer in
making such draft, or in the performance of any service in rela-
tion thereto; or shall counsel any person to assault or obstruct
any such officer, or shall counsel any drafted men not to appear
at the place of rendezvous, or wilfully dissuade them from the
performance of military duty as required by law, such person
shall be subject to summary arrest by the provost-marshal, and
shall be forthwith delivered to the civil authorities, and, upon
conviction thereof, be punished by a fine not exceeding five hundred
dollars, or by imprisonment not exceeding two years, or by both
of said punishments.
No. 135. Act relating to Habeas Corpus
March 3, 1863
April 27, 1861, Lincoln by executive order authorized General Scott, in
his discretion, to suspend the privilege of the writ of habeas corpus on any
military line between Philadelphia and Washington. July 2 this authoriza-
tion was extended to the military line between New York and Washington.
A proclamation of May 10 authorized suspension in the islands of Key West,
the Tortugas, and Santa Rosa. Doubi as to the legality of these executive
orders, however, reinforced by public criticism of the numerous arrests of
civilians in pursuance of them, led to the issue, February 14, 1862, of an order
directing the release of political prisoners held in military custody, "on their
subscribing to a parole engaging them to render no aid or comfort to the
enemies in hostility to the United States''; but a proclamation of September
24 declared all disloyal persons subject to martial law, and suspended the
privilege of the writ as to such p)ersons. An act of August 6, 1861, had in the
meantime validated all the acts, proclamations, and orders of the President,
relating to military affairs, issued since the 4th of March preceding. A bill
464 HABEAS CORPUS [March 3
"to indemnify the President and other persons for suspending the privilege of
the writ of habeas cor pus ^ and acts done in pursuance thereof," was introduced
in the House, December 8, 1S62, by Thaddeus Stevens, and passed the same
day, notwithstanding strong opposition, by a vote of 91 to 46. On the a 2d
a protest against the bill, signed by thirty-six members of the House, was, by a
vote of 75 to 40, refused entry on the journal. The bill was reported with
amendments in the Senate January 15, 1863, and passed that body on the
27th, after long discussion, by a vote of ^^ to 7. The House, by a vote of 35
to 114, refused to agree to the Senate amendments, and the bill received its
final form from a conference committee, the Senate receding from its amend-
ments and accepting a modified form of the House bill. A proclamation of
September 15, under the act, declared a general suspension of the privilege
of the writ throughout the United States; this was revoked as to the loyal
States December i, 1865. An amendatory act was passed May 11, 1866.
An act of March 2, 1867, validated all acts, proclamations, and orders of the
President respecting martial law, &c., after March 4, 1861, and before
July I, 1866.
References. — Text in U.S. Statutes at Large, XH., 755-758. For the
proceedings see the House and Senate Journals^ 37th Cong., 3d Sess., and
the Cong. Globe. The Pendleton protest is in the Globe, December 22;
the Senate amendments, ibid., February 19, House proceedings. Numerous
orders, reports, letters, etc., are collected in McPherson, Rebellion, 152-194;
see also House Exec. Doc. 6, 37th Cong., ist Sess., and Senate Exec. Doc. 1 1,
37th Cong., 3d Sess. For Taney's opinion, 1861, against the right of the
President to suspend, see Ex parte Merryman, Taney*s Reports, 246; cf.
Tyler, Taney, chap. 6. The opinion of Bates affirming the right is in House
Exec. Doc. 5, 37th Cong., ist Sess. Cf. Ex parte Milligan (1866), 4 Wallace,
2, and Garfield's argument, Works, 1., 158; Vallandigham*s Case, i Wallace,
243. On Lincoln's proclamation of September 24, 1862, see Curtis, Constitu-
tional History, II., 668-686. The act of indemnity of March 2, 1867, is in
Mac Donald's Select Statutes, No. 58. See also Thayer, Cases on Constitu-
tional Law, 2374, 2375; reports of the Provost Marshal General; Whiting,
War Powers.
An Ad relating to Habeas Corpus, and regulating Judicial
Proceedings in Certain Cases,
Be it enacted . . . , That, during the present rebellion, the
President of the United States, whenever, in his judgment, the
public safety may require it, is authorized to suspend the privi-
lege of the writ of habeas corpus in any case throughout the
United States, or any part thereof. And whenever and wher-
ever the said privilege shall be suspended, as aforesaid, no mili-
tary or other officer shall be compelled, in answer to any writ
of habeas corpus, to return the body of any person or persons
1863] HABEAS CORPUS 465
detained by him by authority of the President; but upon the
certificate, under oath, of the officer having charge of any one
so detained that such person is detained by him as a prisoner
under authority of the President, further proceedings under the
writ of habeas corpus shall be suspended by the judge or court
having issued the said writ, so long as said suspension by the
President shall remain in force, and said rebellion continue.
Sec. 2. And be it further enacted, That the Secretary of State
and the Secretary of War be, and they are hereby, directed, as
soon as may be practicable, to furnish to the judges of the
circuit and district courts of the United States and of the Dis-
trict of Columbia a list of the names of all persons, citizens of
states in which the administration of the laws has continued
unimpaired in the said Federal courts, who are now, or may
hereafter be, held as prisoners of the United States, by order or
authority of the President of the United States or either of said
Secretaries, in any fort, arsenal, or other place, as state or politi-
cal prisoners, or otherwise than as prisoners of war; the said
list to contain the names of all those who reside in the respec-
tive jurisdictions of said judges, or who may be deemed by the
said Secretaries, or either of them, to have violated any law of
the United States in any of said jurisdictions, and also the date
of each arrest; . . . And in all cases where a grand jury, hav-
ing attended any of said courts having jurisdiction in the prem-
ises, after the passage of this act, and after the furnishing of
said list, as aforesaid, has terminated its session without finding
an indictment or presentment, or other proceeding against any
such person, it shall be the duty of the judge of said court forth-
with to make an order that any such prisoner desiring a dis-
charge from said imprisonment be brought before him to be
discharged; and every officer of the United States having cus-
tody of such prisoner is hereby directed immediately to obey and
execute said judge's order; and in case he shall delay or refuse
so to do, he shall be subject to indictment for a misdemeanor,
and be punished by a fine of not less than five hundred dollars
and imprisonment in the common jail for a period not less than
six months, in the discretion of the court; Provided, however.
That no person shall be discharged by virtue of the provisions of
this act until after he or she shall have taken an oath of allegiance
2H
466 HABEAS CORPUS [March 3
to the Government of the United States, and to support the Con-
stitution thereof; and that he or she will not hereafter in any way
encourage or give aid and comfort to the present rebellion, or the
supporters thereof. . . .
Sec. 3. And be it further enacted^ That in case any of such
prisoners shall be under indictment or presentment for any
offence against the laws of the United States, and by existing
laws bail or a recognizance may be taken for the appearance
for trial of such person, it shall be the duty of said judge at
once to discharge such person upon bail or recognizance for
trial as aforesaid. And in case the said Secretaries of State
and War shall for any reason refuse or omit to furnish the said
list of persons held as prisoners as aforesaid at the time of the
passage of this act within twenty days thereafter, and of such
persons as hereafter may be arrested within twenty days from
the time of the arrest, any citizen may, after a grand jury shall
have terminated its session without finding an indictment or
presentment, as provided in the second section of this act, by
a petition alleging the facts aforesaid touching any of the per-
sons so as aforesaid imprisoned, supported by the oath of such
petitioner or any other credible person, obtain and be entitled
to have the said judge's order to discharge such prisoner on the
same terms and conditions prescribed in the second section of
this act: Provided, however, That the said judge shall be satis-
fied such allegations are true.
Sec. 4. And he it further enacted. That any order of the Presi-
dent, or under his authority, made at any time during the exist-
ence of the present rebellion, shall be a defence in all courts to
any action or prosecution, civil or criminal, pending, or to be
commenced, for any search, seizure, arrest, or imprisonment,
made, done, or committed, or acts omitted to be done, under
and by virtue of such order, or under color of any law of Con-
gress, and such defence may be made by special plea, or under
the general issue.
1863] FOREIGN MEDIATION 467
■
No. 136. Resolution against Foreign
Mediation
March 3, 1863
December 4, 1862, Thaddeus Stevens offered in the House four resolu-
tions, one of which declared "that this government can never accept the
mediation nor permit the intervention of any foreign nation during this re-
bellion in our domestic affairs." A report from the Secretary of State, with
documents, "on the subjects of mediation, arbitration, or other measures look-
ing to the termination of the existing civil war," was laid before the Senate
February 12, 1863, and referred to the Committee on Foreign Relations, which
reported on the 28th, through Charles Sumner, the resolution following. The
resolution passed the Senate March 3, by a vote of 31 to 5, and the House on
the same day by a vote of 103 to 28.
References. — TeoU in Senate Journaly 37th Cong , 3d Sess., 367, 368.
There was no debate in the House. For the diplomatic correspondence see
British and Foreign State Papers, LV., 412-451.
Whereas it appears from the diplomatic correspondence sub-
mitted to Congress that a proj)osition, friendly in form, looking
to pacification through foreign meditation, has been made to the
United States by the Emperor of the French and promptly
declined by the President; and whereas the idea of mediation
or intervention in some shape may be regarded by foreign gov-
ernments as practicable, and such governments, through this
misunderstanding, may be led to proceedings tending to embar-
rass the friendly relations which now exist between them and
the United States; and whereas, in order to remove for the
future all chance of misunderstanding on this subject, and to
secure for the United States the full enjoyment of that freedom
from foreign interference which is one of the highest rights of
independent states, it seems fit that Congress should declare its
convictions thereon : Therefore —
Resolved, (the House of Representatives concurring,) That
while in times past the United States have sought and accepted
the friendly mediation or arbitration of foreign powers for the
pacific adjustment of international questions, where the United
States were the party of the one part and some other sovereign
power the party of the other part; and while they are not dis-
468 FOREIGN MEDIATION [Maich 3
posed to misconstrue the natural and humane desire of foreign
powers to aid in arresting domestic troubles, which, widening in
their influence, have afficted other countries, especially in view
of the circumstance, deeply regretted by the American people,
that the blow aimed by the rebellion at the national life has fallen
heavily upon the laboring population of Europe: yet, notwith-
standing these things. Congress cannot hesitate to regard every
proposition of foreign interference in the present contest as so
far unreasonable and inadmissible that its only explanation will
be found in a misunderstanding of the true state of the question,
and of the real character of the war in which the republic is
engaged.
Resolved, That the United States are now grappling with an
unprovoked and wicked rebellion, which is seeking the destruc-
tion of the republic that it may build a new power, whose
corner-stone, according to the confession of its chief, shall be
slavery; that for the suppression of this rebellion, and thus to
save the republic and to prevent the establishment of such a
power, the national government is now employing armies and
fleets, in full faith that through these efforts all the purposes of
conspirators and rebels will be crushed; that while engaged in
this struggle, on which so much depends, any proposition from
a foreign power, whatever form it may take, having for its object
the arrest of these efforts, is, just in proportion to its influence,
an encouragement to the rebellion, and to its declared preten-
sions, and, on this account, is calculated to prolong and embitter
the conflict, to cause increased expenditure of blood and treas-
ure, and to postpone the much-desired day of peace ; that, with
these convictions, and not doubting that every such proposition,
although made with good intent, is injurious to the national
interests, Congress will be obliged to look upon any further
attempt in the same direction as an unfriendly act which it
earnestly deprecates, to the end that nothing may occur abroad
to strengthen the rel)ellion or to weaken those relations of good
will ^ith foreign powers which the United States are happy to
cultivate.
Resolvedj That the reljellion from its beginning, and far back
even in the conspiracy which preceded its outbreak, was encour-
aged by the hope of support from foreign powers; that its chiefs
i863l FOREIGN MEDIATION 469
frequentiy boasted that the people of Europe were so far de-
pendent upon regular supplies of the great southern staple that,
sooner or later, their governments would be constrained to take
side with the rebellion in some effective form, even to the extent
of forcible intervention, if the milder form did not prevail; that
the rebellion is now sustained by this hope, which every propo-
sition of foreign interference quickens anew, and that, without
this life-giving support, it must soon yield to the just and paternal
authority of the national government; that, considering these
things, which are aggravated by the motive of the resistance
thus encouraged, the United States regret that foreign powers
have not frankfy told the chiefs of the rebellion that the work in
which they are engaged Ls hateful, and that a new government,
such as they seek to found, with slavery as its acknowledged
cornerstone, and with no other declared object of separate exist-
ence, is so far shocking to civilization and the moral sense of
mankind that it must not expect welcome or recognition in the
commonwealth of nations.
Resolved, That the United States, confident in the justice of
their cause, which is the cause, also, of good government and of
human rights everywhere among men; anxious for the speedy
restoration of peace, which shall secure tranquillity at home and
remove all occasion of complaint abroad; and awaiting with
well-assured trust the final suppression of the rebellion, through
which all these things, rescued from present danger, will be
secured forever, and the republic, one and indivisible, trium-
phant over its enemies, will continue to stand an example to
mankind, hereby announce , as their unalterable purpose, that the
war will be vigorously prosecuted, according to the humane
principles of Christian states, until the rel>ellion shall be over-
come; and they reverently invoke upon their cause the bless-
ings of Almighty God.
Resolved, That the President be requested to transmit a copy
of these resolutions, through the Secretary of State, to the min-
isters of the United States in foreign countries, that the declara-
tion and protest herein set forth may be communicated by them
to the governments to which they are accredited.
470 PROCLAMATION OF AMNESTY [Dec. 8
No. 137. Proclamation of Amnesty
December 8» 1863
The proclamation of December 8, 1863, offering amnesty on conditions,
was issued under authority of the so-called Confiscation Act of July 17, i86a
[No. 132]. In his annual message of the same date, Lincoln urged the
propriety of the proclamation, and expressed the opinion "that nothing is
attempted beyond what is amply justified by the Constitution." A supple-
mentary proclamation of March 26, 1864, explained that the previous procla-
mation did not apply to prisoners of war.
References. — Text in U.S. Statutes at Large, XIII., Appendix, vii-ix.
A circular to United States district attorneys is in McPherson, Rebellion, 148,
149-
[The proclamation begins with a statement of the constitu-
tional right of the President to grant pardons, of the existence
of rebellion in certain States, of the authorization of pardon by
proclamation under the Confiscation Act, and of the previous
issuance of proclamations **in regard to the liberation of slaves,"
and continues:] and
Whereas, it is now desired by some persons heretofore en-
gaged in said rebellion to resume their allegiance to the United
States, and to reinaugurate loyal state governments within and
for their respective states: Therefore —
I, Abraham Lincoln, President of the United States, do pro-
claim, declare, and make known to all persons who have, directly
or by implication, participated in the existing rebellion, except
as hereinafter excepted, that a full pardon is hereby granted to
them and each of them, with restoration of all rights of property,
except as to slaves, and in property cases where rights of third
parties shall have intervened, and upon the condition that every
such person shall take and subscribe an oath, and thenceforward
keep and maintain said oath inviolate; and which oath shall be
registered for permanent preservation, and shall be of the tenor
and effect following, to wit : —
"I, , do solemnly swear, in presence of Almighty
God, that I vnW henceforth faithfully support, protect, and de-
fend the Constitution of the United States and the Union of the
States thereunder; and that I will, in like manner, abide by and
faithfully support all acts of congress passed during the existing
1863] PROCLAMATION OF AMNESTY 471
rebellion with reference to slaves, so long and so far as not re-
pealed, modified, or held void by congress, or by decision of the
supreme court; and that I will, in like manner, abide by and
faithfully support all proclamations of the President made during
the existing rebellion having reference to slaves, so long and so
far as not modified or declared void by decision of the supreme
court. So help me God."
The persons excepted from the benefits of the foregoing pro-
visions are all who are, or shall have been, civil or diplomatic
officers or agents of the so-called Confederate government; all
who have left judicial stations under the United States to aid
the rebellion; ail who are, or shall have been, military or naval
officers of said so-called Confederate government above the rank
of colonel in the army or of lieutenant in the navy; all who left
seats in the United States congress to aid the rebellion; all who
resigned commissions in the army or navy of the United States
and afterwards aided the rebellion; and all who have engaged
in any way in treating colored persons, or white persons in
charge of such, otherwise than lawfully as prisoners of war, and
which persons may have been found in the United States service
as soldiers, seamen, or in any other capacity.
And I do further proclaim, declare, and make known that
whenever, in any of the States of Arkansas, Texas, Louisiana,
Mississippi, Tennessee, Alabama, Georgia, Florida, South Caro-
lina, and North Carolina,* a numl^er of persons, not less than
one tenth in number of the votes cast in such state at the presi-
dential election ... [of i860] . . . > each having taken the oath
aforesaid, and not having since violated it, and being a qualified
voter by the election law of the state existing immediately before
the so-called act of secession, and excluding all others, shall re-
establish a state government which shall be republican, and in
nowise contravening said oath, such shall be recognized as the
true government of the state, and the state shall receive there-
under the benefits of the constitutional provision which declares
that "the United States shall guaranty to every state in this Union
a republican form of government, and shall protect each of them
1 The omission of Virginia is explained by the fact that Lincoln had already
recognised the so-called Pierpont government. — Ed.
472 PROCLAMATION OF AMNESTY [Dec. 8
against invasion; and on application of the legislature, or the
executive, (when the legislature cannot be convened,) against
domestic violence."
And I do further proclaim, declare, and make known that any
provision which may be adopted by such state government in
relation to the freed people of such state, which shall recognize
and declare their permanent freedom, provide for their educa-
tion, and which may yet be consistent as a temporary arrange-
ment with their present condition as a laboring, landless, and
homeless class, will not be objected to by the National Executive.
And it is suggested as not improper that, in constructing a
loyal state government in any state, the name of the state, the
boundary, the subdivisions, the constitution, and the general
code of laws, as before the rebellion, be maintained, subject only
to the modifications made necessary by the conditions hereinbe-
fore stated, and such others, if any, not contravening said con-
ditions, and which may be deemed expedient by those framing
the new state government.
To avoid misunderstanding, it may be proper to say that this
proclamation, so far as it relates to state governments, has no
reference to states wherein loyal state governments have all the
while been maintained. And, for the same reason, it may be
proper to further say, that whether members sent to congress
from any state shall be admitted to seats constitutionally rests
exclusively with the respective houses, and not to any extent
with the Executive. And still further, that this proclamation is
intended to present the people of the states wherein the national
authority has been suspended, and loyal state governments have
been subverted, a mode in and by which the national authority
and loyal state governments may be reestablished within said
states, or in any of them; and, while the mode presented is the
best the Executive can suggest, with his present impressions,
it must not be imderstood that no other possible mode would
be acceptable.
i864l NATIONAL. BANK ACT 47^
No. 138. National Bank Act
June 3, X864
The beginning of the present national bank system is to be found in the
act "to provide a national currency, secured by a pledge of United States
stocks, and to provide for the circulation and redemption thereof," approved
February 25, 1863. This act, however, proved defective, and the comp-
troller of the currency, in a report accompanying the annual report of the
Secretary of the Treasury, December 10, 1863, made numerous suggestions
for amendment. A bill with the same title as the existing act was reported
in the House, March 14, by Hooper of Massachusetts, from the Committee
of Ways and Means, and after protracted discussion was laid on the table by
a vote of 90 to 44. Another bill with similar title was introduced by Hooper
April IT, and passed the House on the i8th by a vote of 80 to 66. A bill to
the same effect had been introduced in the Senate, April 8, by John Sherman
of Ohio, and referred to the Committee on Finance, which, on the 21st, re-
ported the House bill with amendments. The amended bill passed the Senate
May II, by a vote of 30 to 9. The House disagreed to the Senate amend-
ments, and the bill received its final form from a conference committee, whose
report was accepted by the houses June i .
References. — Text in U.S. Statutes at Large^ XHI., 99-118. Only the
most important parts of the act arc given below. The act has been many
times amended ; editions showing the various changes are issued from time to
time by the comptroller of the currency. For the proceedings see the House
and Senate Journals, 38lh Cong., ist Sess., and the Cong. Glohey where will
be found the texts of all the important amendments proposed or adopted. A
comj^arison of Hooper's first bill with the act of February 25 will be found in
the Globe J March 23.
An Act to provide a National Currency y secured by a Pledge oj
United States Bonds, and to provide for the CirctUation and
Redemption thereof.
Be it enacted . . . , That there shall be established in the
treasury department a separate bureau, which shall be charged
with the execution of this and all other laws that may be passed
by congress resjjecling the issue and regulation of a national
currency secured by United States bonds. The chief officer of
the said bureau shall be denominated the comptroller of the
currency, and shall be under the general direction of the Secre-
tary of the Treasur\'. He shall be appointed by the President,
on the recommendation of the Secretary of the Treasury', by
and with the advice and consent of the Senate, and shall hold
474 NATIONAL . BANK ACT [June 3
his office for the term of five years unless sooner removed by
the President, upon reasons to be communicated by him to the
Senate. . . . The comptroller and deputy-comptroller shall not,
cither directly or indirectly, be interested in any association issuing
national currency under the provisions of this act.
Sec. 5. And be ii further enacted, That associations for carry-
ing on the business of banking may be formed by any number
of persons, not less in any case than five, who shall enter into
articles of association, which shall sjjecify in general terms the
object for which the association is formed, and may contain any
other provisions, not inconsistent with the provisions of this act,
which the association may see fit to adopt for the regulation of
the business of the association and the conduct of its affairs,
which said articles shall be signed by the persons uniting to
form the association, and a copy of them forwarded to the
comptroller of the currency, to be filed and preserved in his
office.
Sec. 7. And be it further enacted, That no association shall
be organized under this act, with a less capital than one hun-
dred thousand dollars, nor in a city whose population exceeds
fifty thousand persons, with a less capital than two hundred
thousand dollars: Provided, That banks with a capital of not
less than fifty thousand dollars may, with the approval of the
Secretary of the Treasury, be organized in any place the«popu-
lation of which does not exceed six thousand inhabitants.^
Sec. 8. And be it further enacted, That every association formed
pursuant to the provisions of this act shall from the date of the
execution of its organization certificate, be a body corporate, but
shall transact no business except such as may be incidental to its
organization and necessarily preliminary, until authorized by the
comptroller of the currency to commence the business of banking.
Such association shall have power to adopt a corporate seal,
and shall have succession by the name designated in its organi-
zation certificate, for the period of twenty years from its organi-
zation, unless sooner dissolved according to the provisions of its
articles of association, or by the act of its shareholders owning two
' Sec act of March 14, 1900, section zo. — Ed.
i864] NATIONAL BANK ACT 475
thirds of its stock, or unless the franchise shall be forfeited by a
violation of this act; by such name it may make contracts . . .
[ &c.] . . . , and exercise under this act all such incidental powers
as shall be necessary to carry on the business of banking by dis-
counting and negotiating promissory notes, drafts, bills of exchange,
and other evidences of debt; by receiving deposits; by buying
and selling exchange, coin, and bullion; by loaning money on
personal security; by obtaining, issuing, and circulating notes
according to the provisions of this act . . .
Sec. 9. And be it further enacted y That the aflfairs of every
association shall be managed by not less than five directors, one
of whom shall be the president. Every director shall, during
his whole term of service, be a citizen of the United States; and
at least three fourths of the directors shall have resided in the
state, territory, or district in which such association is located
one year next preceding their election as directors, and be resi-
dents of the same during their continuance in office. Each
director shall own, in his own right, at least ten shares of the
capital stock of the associiadon of which he is a director. . . .
Sec. II. And he it further enacted, That in all elections of
directors, and in deciding all questions at meetings of share-
holders, each shareholder shall be entitied to one vote on each
share of stock held by him. . . .
Sec. 12. And be it further enacted, That the capital stock of
any association formed under this act shall be divided into shares
of one hundred dollars each, and be deemed personal property
and transferable on the books of the association in such manner
as may be prescribed in the by-laws or articles of association. . . .
The shareholders of each association formed under the provisions
of this act, and of each existing bank or banking association that
may accept the provisions of this act, shall be held individually
responsible, equally and ratably, and not one for another, for all
contracts, debts, and engagements of such association to the extent
of the amount of their stock therein at the par value thereof, in
addition to the amount invested in such shares; except that share-
holders of any banking association now existing under state laws,
having not less than five millions of dollars of capital actually psud
in, and a surplus of twenty per centum on hand, both to be deter-
476 NATIONAL BANK ACT I June 3
mined by the comptroller of the currency, shall be liable only to
the amount invested in their shares ^ . .
Sec. 14. And be U further enacted. That at least fifty per
centum of the capital stock of every association shall be paid in
before it shall be authorized to commence business; and the re-
mainder of the capital stock of such association shall be paid
in instalments of at least ten per centum each on the whole amount
of the capital as frequently as one instalment at the end of each
succeeding month from the time it shall be authorized by the
comptroller to commence business. . . .
Sec. 16. And be it further enacted, That every association,
after having complied with the provkions of this act, prelimi-
nary to the commencement of banking business under its pro-
visions, and before it shall be authorized to commence business,
shall transfer and deliver to the treasurer of the United States
any United States registered bonds bearing interest to an amount
not less than thirty thousand dollars nor less than one third of the
capital stock paid in, which bonds shall be deposited with the
treasurer of the United States and by him safely kept in his oflSce
until the same shall be otherwise disposed of, in pursuance of the
provisions of this act ; and the Secretary of the Treasury is hereby
authorized to receive and cancel any United States coupon bonds,
and to issue in lieu thereof registered bonds of like amount, bearing
a like rate of interest, and having the same time to run; and the
deposit of bonds shall be, by every association, increased as its
capital may be paid up or increased, so that every association shall
at all limes have on deposit with the treasurer registered United
States bonds to the amount of at least one third of its capital stock
actually paid in. . . .
Sec. 21. And be it further enacted. That upon the transfer
and delivery of bonds to the treasurer, as provided in the fore-
going section, the association making the same shall be entitled
to receive from the comptroller of the currency circulating notes
of different denominations, in blank, registered and counter-
> This exception was designed to include the Bank of Commerce of New York.
— Ed.
1864] NATIONAL BANK ACT 477
signed as hereinafter provided, equal in amount to ninety per
centum of the current market value of the United States bonds
so transferred and delivered, but not exceeding ninety per cen-
tum of the amount of said bonds at the par value thereof, if bearing
interest at a rate not less than five per centum per annum; ^ ^nd
at no time shall the total amount of such notes, issued to any such
association, exceed the amount at such time actually paid in of its
capital stock.
Sec. 22. And be it further enacted, That the entire amount of
notes for circulation to be issued under this act shall not exceed
three hundred millions of dollars. . . .
Sec. 23. And be it further enacted, That after any such asso-
ciation shall have caused its promise to pay such notes on demand
to be signed by the president or vice-president and cashier thereof,
in such manner as to make them obligatory promissory notes,
payable on demand, at its place of business, such association is
hereby authorized to issue and circulate the same as money; and
the same shall be received at par in all parts of the United States
in payment of taxes, excises, public lands, and all other dues to the
United States, except for duties on imports; and also for all salaries
and other debts and demands owing by the United States to in-
dividuals, corporations, and associations within the United States,
except interest on the public debt, and in redemption of the national
currency. And no such association shall issue post notes or any
other notes to circulate as money than such as are authorized by the
foregoing provisions of this act.'
Sec. 26. And be it further enacted, That the bonds transferred
to and deposited with the treasurer of the United States, as here-
inbefore provided, by any banking association for the security
of its circulating notes, shall be held exclusively for that purpose,
until such notes shall be redeemed, except as provided in this
act; but the comptroller of the currency shall give to any such
banking association powers of attorney to receive and appropriate
to its own use the interest on the bonds which it shall have so trans-
» Sec act of March 3, 1865 (U. S. Stal. at Large, XIII., 498), relative to the
allotment of circulation. — Ed.
> As to State taxation of national hank currency and United States notes, see
act of August 13. 1894 (U. S. Stat, at Urge, XXVIII., 278). — Ed.
478 NATIONAL BANK ACT • Dunc3
ferred to the treasurer; but such powers shall become inoperative
whenever such banking association shall fail to redeem its circulat-
ing notes as aforesaid. Whenever the market or cash value of
any bonds deposited with the treasurer of the United States, as
aforesaid, shall be reduced below the amount of the circulation
issued for the same, the comptroller of the currency is hereby
authorized to demand and receive the amount of such depreda-
tion in other United States bonds at cash value, or in money, from
the association receiving said bills, to be deposited with the treasurer
of the United States as long as such depreciation continues. . . .
Sec. 29. And be il further enacted^ That the total liabilities to
any association, of any person, or of any company, corporation,
or firm for money borrowed, including in the liabilities of a com-
pany or firm the liabilities of the several members thereof, shall
at no time exceed one tenth part of the amount of the capital
stock of such association actually paid in: Provided^ That the
discount of bona fide bills of exchange drawn against actually
existing values, and the discount of commercial or business paper
actually owned by the person or persons, corporation, or firm
negotiating the same shall not be considered as money borrowed.
Sec. 30. And he U further enacted. That every association
may take, receive, reserve, and charge on any loan or discount
made, or upon any note, bill of exchange, or other evidences of
debt, interest at the rate allowed by the laws of the state or ter-
ritory where the bank is located, and no more. . . . And when no
rate is fixed by the laws of the state or territory, the bank may take,
receive, reserve, or charge a rate not exceeding seven per cen-
tum. . . .
Sec. 31. And be it further enacted, That every association in
the cities hereinafter named shall, at all times, have on hand, in
lawful money of the United States, an amount equal to at least
twenty-five per centum of the aggregate amount of its notes in
circulation and its deposits; and every other association shall,
at all times, have on hand, in lawful money of the United States,
an amount equal to at least fifteen per centum of the aggregate
amount of its notes in circulation, and of its deposits. And
whenever the lawful money of any association in any of the cities
hereinafter named shall be below the amount of twenty-five per
i864l NATIONAL BANK ACT 479
centum of its circulation and deposits, and whenever the lawful
money of any other association shall be below fifteen per centum
of its circulation and deposits, such association shall not increase
its liabilities by making any new loans or discounts otherwise
than by discounting or purchasing bills of exchange payable at
sight, nor make any dividend of its profits until the required pro-
portion between the aggregate amount of its outstanding notes of
circulation and deposits and its lawful money of the United States
shall be restored: Provided, That three fifths of said fifteen per
centum may consist of balances due to an association available
for the redemption of its circulating notes from associations
approved by the comptroller of the currency, organized under
this act, in the cities of Saint Louis, Louisville, Chicago, Detroit,
Milwaukee, New Orleans, Cincinnati, Cleveland, Pittsburg,
Baltimore, Philadelphia, Boston, New York, Albany, Leaven-
worth, San Francisco, and Washington City : * Provided, also, That
clearing-house certificates, representing specie or lawful money
specially deposited for the purpose of any clearing-house associa-
tion, shall be deemed to be lawful money in the possession of any
association belonging to such clearing-house holding and owning
such certificate, and shall be considered to be a part of the lawful
money which such association is required to have under the fore-
going provisions of this section : Provided, That the cities of Charles-
ton and Richmond may be added to the list of cities in the national
associations of which other associations may keep three fifths of
their lawful money, whenever, in the opinion of the comptroller of
the currency, the condition of the southern states will warrant it.
And it shall be competent for the comptroller of the currency to
notify any association, whose lawful money reserve as aforesaid
shall be below the amount to be kept on hand as aforesaid, to
make good such reserve; and if such association shall fail for
thirty days thereafter so to make good it's reserve of lawful money
of the United States, the comptroller may, with the concurrence
of the Secretary of the Treasury, appoint a receiver to wind up the
business of such association, as prorided in this act.
Sec. 32. And be it further enacted, That each association
organized in any of the cities named in the foregoing section
« Sec act d March 3, 1887, chap. 378 (U. S. Stat, at Large, XXIV.. 559, 560).
— Ed.
480 NATIONAL BANK ACT [June 3
shall select, subject to the approval of the comptroller of the
currency, an association in the city of New York, at which it
will redeem its circulating notes at par. And each of such as-
sociations may keep one half of its lawful money reserve in cash
deposits in the city of New York. And each association not
organized within the cities named in the preceding section shall
select, subject to the approval of the comptroller of the currency,
an association in either of the cities named in the preceding section
at which it will redeem its circulating notes at par. . . . [Provided]
. . . , That every association formed or existing under the pro-
visions of this act shall take and receive at par, for any debt or
liability to said association, any and all notes or bills issued by
any association existing under and by virtue of this act.
^p ^F ^^ ^^ •^ •^ •^ ^p
Sec. 36. And be U further enacted, That no association shall
at any time be indebted, or in any way liable, to an amount ex-
ceeding the amount of its capital stock at such time actually
paid in and remaining undiminished by losses or otherwise, except
on the following accounts, that is to say : —
First. On account of its notes of circulation.
Second. On account of moneys deposited with, or collected
by, such association.
Third. On account of bills of exchange or drafts drawn
against money actually on deposit to the credit of such associa-
tion, or due thereto.
Fourth. On account of liabilities to its stockholders for divi-
dends and reserved profits.
Sec. 38. And be itfurtfier enacted, That no association, or an/
member thereof, shall, during the time it shall continue its bank-
ing operations, withdraw, or permit to be withdrawn, either in
form of dividends or othen\ise, any portion of its capital. And
if losses shall at any time have been sustained by any such asso-
ciation equal to or exceeding its undivided profits then on hand,
no dividend shall be made; and no dividend shall ever be made
by any association, while it shall continue its banking operations,
to an amount greater than its net profits then on hand, deduct*
ing therefrom its losses and bad debts. . . .
i864) NATIONAL BANK ACT 481
Sec. 41. And be it further enacted , That the plates and special
dies to be procured by the comptroller of the currency for the
printing of such circulating notes shall remain under his control
and direction, and the expenses necessarily incurred in execut-
ing the provisions of this act respecting the procuring of such
notes, and all other expenses of the bureau, shall be paid out of
the proceeds of the taxes or duties now or hereafter to be assessed
on the circulation, and collected from associations organized
under this act. And in lieu of all existing taxes, every asso-
ciation shall pay to the treasurer of the United States, in the
months of January and July, a duty of one half of one per centum
each half year from and after . . . [January i, 1864] . . . ,
upon the average amount of its notes in circulation, and a duty of
one quarter of one per centum each half year upon the average
amount of its deposits, and a duty of one quarter of one per centum
each half year, as aforesaid, on the average amount of its capital
stock beyond the amount invested in United States bonds; . . .
Provided . . . , That nothing in this act shall exempt the real es-
tate of associations from either state, county, or municipal taxes to
the same extent, according to its value, as other real estate is taxed.
^h ^r ^r ^r ^h ^r ^r ^h
Sec. 44. And he U further enacted ^ That any bank incorporated
by special law, or any banking institution organized under a gen-
eral law of any state, may, by authority of this act, become a
national association under its provisions, by the name prescribed
in its organization certificate. . . . Provided y however ^ That no
such association shall have a less capital than the amount pre-
scribed for banking associations under this £ict.^
Sec. 45. And be it further enacted^ That all associations under
this act, when designated for that purpose by the Secretary of
the Treasury, shall be depositaries of public money, except re-
ceipts from customs, under such regulations as may be prescribed
by the Secretary; and they may also be employed as financial
agents of the government ; and they shall perform all such reason-
able duties, as depositaries of public moneys and financial agents
of the government, as may be required of them. And the Secretary
of the Treasury shall require of the associations thus designated
> See act of February 14, x88o (C/^. 5. Slot, at Large, XXI., 661). — Ed.
21
482 PROCLAMATION REGARDING RECONSTRUCTION [July S
satisfactory security, by the deposit of United States bonds and
otherwise, for the safe-keeping and prompt payment of the public
money deposited with them, and for the faithful performance
of their duties as financial agents of the government: Provided,
That every association which shall be selected and designated as
receiver or depositary of the public money shall take and receive
at par all of the national currency bills, by whatever association
issued, which have been paid in to the government for internal
revenue, or for loans or stocks.
No. 139. Proclamation regarding Recon-
struction
July 8, Z864
December 15, 1863, on motion of Henry Winter Davis of Maryland, so
much of Lincoln's message of December 8 as related "to the duty of the
United Stales to guaranty a republican form of government to the States
in which the governments recognized by the United States have been abro-
gated or overthrown" was referred, by a vote of 91 to 80, to a select com-
mittee of the House, with instructions to report bills to carry into execution
the said guarantee. A bill was reported by the committee February 15, 1864,
and {>assed the House May 4 by a vote of 74 to 66. July i the Senate, by a
vote of 30 to 13, adopted a substitute, proposed by B. Gra^ pmwn of Mis-
souri, declaring that when the inhabitants of any State had been declared in
insurrection by proclamation under the act of July 13, 186 1, they should be
** incapable of casting any vote for electors of President or Vice President of
the United States, or of electing Senators and Representatives in Congress,
until said insurrection in said State is suppressed or abandoned and said in-
habitants have returned to their obedience to the Government of the United
States, nor until such return to obedience shall be declared by proclamation
of the President, issued by virtue of an act of Congress, hereafter to be
passed, authorizing the same." The House refused to concur, and July a
the Senate, by a vote of 18 to 14, receded, and the House bill passed. Lin-
coln was opposed to the bill and >\ithhcld his approval, but immediately upon
the adjournment of Congress issued the following proclamation with the bill
attached. The bill was the first formal plan of reconstruction agreed upon
by Congress.
References. — Text in U. S. Statutes at Large, XIII., Appendix, xiv-xvii.
For the proceedings see the House and Settate JournalSf 38th Cong., ist Sess.,
and the Cong, Glob;
i864l PROCLAMATION REGARDING RECONSTRUCTION 483
(The proclamation recites the (passage of the bill annexed, and its presenta-
tion to the President " less than one hour before the sine die adjournment of
said session," and continues:)
And whereas the said bill contains, among other things, a plan
for restoring the states in rebellion to their proper practical relation
in the Union, which plan expresses the sense of congress upon that
subject, and which plan it is now thought fit to lay before the
people for their consideration :
Now, therefore, I, Abraham Lincoln, President of the United
States, do proclaim, declare, and make known, that, while I am
(as I was in December last, when by proclamation I propounded
a plan for restoration) unprepared by a formal approval of this
bill, to be inflexibly committed to any single plan of restoration;
and, while I am also unprepared to declare that the free state
constitutions and governments abeady adopted and installed in
Arkansas and Louisiana shall be set aside and held for nought,
thereby repelling and discouraging the loyal citizens who have
set up the same as to further effort, or to declare a constitutional
competency in congress to abolish slavery in states, but am at
the same time sincerely hoping and expecting that a constitu-
tional amendment abolishing slavery throughout the nation may
be adopted, nevertheless I am fully satisfied with the system for
restoration contained in the bill as one very proper plan for the
loyal people of any state choosing to adopt it, and that I am, and
at all times shall be, prepared to give the executive aid and as-
sistance to any such people, so soon as the military resistance to
the United States shall have been suppressed in any such state,
and the people thereof shall have sufficiently returned to their
obedience to the constitution and the laws of the United States,
in which cases military governors will be appointed, with directions
to proceed according to the bill.
A Bill to guarantee to certain States whose Governments have been usurped or
overthrown a Republican Form of Government,
Be it enacted . . ., That in the states declared in rebellion against the
United States, the President shall, by and with the advice and consent of the
Senate, appoint for each a provisional governor, . . . who shall be charged
with the dvil administration of such state until a state government therein
shall be recognized as hereinafter provided.
484 PROCLAMATION REGARDING RECONSTRUCTION [July 8
Sec. a. And be U further eiMcted, That so soon as the military resistance to
the United States shall have been suppressed in any such state, and the people
thereof shall have sufficiently returned to their obedience to the constitution
and the laws of the United States, the provisional governor shall direct the
marshal of the United States, as speedily as may be, to name a sufficient
number of deputies, and to enroll all white male citizens of the United States,
resident in the state in their respective counties, and to request each one to
take the oath to support the constitution of the United States, and in his
enrolment to designate those who take and those who refuse to take that
oath, which rolls shall be forthwith returned to the provisional governor; and
if the persons taking that oath shall amount to a majority of the persons
enrolled in the state, he shall, by proclamation, invite the loyal people of the
state to elect delegates to a convention charged to declare the will of the
people of the state relative to the re^tablishment of a state government sub-
ject to, and in conformity with, the constitution of the United States.
Sec. 3. And be U further enacted^ That the convention shall consist of as
many members as both houses of the last constitutional state legislature, ap-
portioned by the provisional governor among the counties, parishes, or dis-
tricts of the state, in proportion to the white population, returned as electors,
by the marshal, in compliance with the provisions of this act. The provi-
sional governor shall, by proclamation, declare the number of delegates to
be elected by each county, parish, or election district; name a day of election
not less than thirty days thereafter; designate the places of voting in each
county, parish, or district, conforming as nearly as may be convenient to the
places used in the state elections next preceding the rebellion ; appoint one
or more commissioners to hold the election at each place of voting, and pro-
vide an adequate force to keep the peace during the election.
Sec. 4. And be it further enacted^ That the delegates shall be elected by
the loyal white male citizens of the United States of the age of twenty-one
years, and resident at the lime in the county, parish, or district in which they
shall offer to vote, and enrolled as aforesaid, or absent in the military service
of the United States, and who shall take and subscribe the oath of allegiance
to the United States in the form contained in the act of . . . [July 2, 1862]
. . . ; and all such citizens of the United States who are in the military ser-
vice of the United States shall vote at the headquarters of their resi)ective
commands, under such regulations as may be prescribed by the provisional
governor for the taking and return of their votes; but no person who has
held or exercised any office, civil or military, state or confederate, under the
rebel usurpation, or who has voluntarily borne arms against the United
States, shall vote, or be eligible to be elected as delegate, at such
election.
Sec. 5. And be it further enacted^ That the said commissioners, or either of
them, shall hold the election in conformity with this act and, so far as may be
consistent therewith, shall proceed in the manner used in the state prior to the
rebellion. The oath of allegiance shall be taken and subscribed on the poll-
book by every voter in the form abbve prescribed, but every person known
by, or proved to, the commissioners to have held or exercised any office, civil
or military, state or confederate, under the rebel usurpation, or to have
1864] PROCLAMATION REGARDING RECONSTRUCTION 485
voluntarily borne arms against the United States, shall be excluded, though
he offer to take the oath ; and in case any person who shall have borne arms
against the United States shall offer to vote he shall be deemed to have borne
arms voluntarily unless he shall prove the contrary by the testimony of a
qualified voter. The poll-book, showing the name and oath of each voter,
shall be returned to the provisional govern:.! by the commissioners of election
or the one acting, and the provisional governor shall canvass such returns,
and declare the person having the highest number of votes elected.
Sec. 6. And be U further enactedy That the provisional governor shall, by
proclamation, convene the delegates elected as aforesaid, at the capital of the
state, on a day not more than three months after the election, giving at least
thirty days' notice of such day. In case the said capital shall in his judgment
be unfit, he shall in his proclamation appoint another place. He shall preside
over the deliberations of the convention, and administer to each delegate,
before taking his seat in the convention, the oath of allegiance to the United
States in the form above prescribed.
Sec. t. And be U further enacted. That the convention shall declare, on
behalf of the people of the state, their submission to the constitution and laws
of the United States, and shall adopt the following provisions, hereby pre-
scribed by the United States in the execution of the constitutional duty to
guarantee a republican form of government to every state, and incorporate
them in the constitution of the state, that is to say :
First. No person who has held or exercised any office, civil or military,
except offices merely ministerial, and military offices below the grade of colo-
nel, state or confederate, under the usurping power, shall vote for or be a
member of the legislature, or governor.
Second. Involuntary servitude is forever prohibited, and the freedom of
all p>ersons is guaranteed in said state.
Third. No debt, state or confederate, created by or under the sanction of
the usurping power, shall be recognized or paid by the state.
Sec. %. And be it further enacUd, That when the convention shall have
adopted those provisions, it shall proceed to reestablish a republican form of
government, and ordain a constitution containing those provisions, which,
when adopted, the convention shall by ordinance provide for submitting to
the people of the state, entitled to vote under this law, at an election to be
held in the manner prescribed by the act for the election of delegates; but
at a time and place named by the convention, at which election the said
electors, and none others, shall vote directly for or against such constitution
and form of state government, and the returns of said election shall be made
to the provisional governor, who shall canvass the same in the presence of the
electors, and if a majority of the votes cast shall be for the constitution and
form of government, he shall certify the same, with a copy thereof, to the
President of the United States, who, after obtaining the assent of congress,
shall, by proclamation, recognize the government so established, and none
other, as the constitutional government of the state, and from the date of
such recognition, and not before, Senators and Representatives, and electors
for President and Vice-President may be elected in such state, according to
the laws of the state and of the United States.
486 PROCLAMATION REGARDING RECONSTRUCTION [July 8
Sec. 9. And be it furtlier enacted^ That if the convention shall refuse to
reestablish the state government on the conditions aforesaid, the provisional
governor shall declare it dissolved ; but it shall be the duty of the President,
whenever he shall have reason to believe that a sufficient number of the
people of the state entitled to vote under this act, in number not less than a
majority of those enrolled, as aforesaid, are willing to reestablish a state gov-
ernment on the conditions aforesaid, 1? direct the provisional governor to
order another election of delegates to a convention for the purpose and in
the manner prescribed in this act, and to proceed in all respects as herein-
before provided, either to dissolve the convention, or to certify the state
government reestablished by it to the President.
Sec. 10. And he it further enacted^ That, until the United States shall have
recognized a republican form of state government, the provisional governor in
each of said states shall see that this act, and the laws of the United States,
and the laws of the state in force when the state government was overthrown
by the rebellion, are faithfully executed >\'ithin the state; but no law or usage
whereby any person was heretofore held in involuntary servitude shall be
recognized or enforced by any court or officer in such state, and the laws for
the trial and punishment of white persons shall extend to all persons, and
jurors shall have the qualifications of voters under this law for delegates to
the convention. The President shall appoint such officers provided for by the
laws of the state when its government was overthrown as he may find neces-
sary to the dvil administration of the state, all which officers shall be entitled
to receive the fees and emoluments provided by the state laws for such officers.
Sec. II. And he it further enacted^ That until the recognition of a state
government as aforesaid, the provisional governor shall, under such regula-
tions as he may prescribe, cause to be assessed, levied, and collected, for the
year eighteen hundred and sixty-four, and every year thereafter, the taxes
provided by the laws of such state to be levied during the fiscal year preced-
ing the overthrow of the state government thereof, in the manner prescribed
by the laws of the state, as nearly as may be; and the officers appointed, as
aforesaid, are vested with all powers of levying and collecting such taxes, by
distress or sale, as were vested in any officers or tribunal of the state govern-
ment aforesaid for those purposes. The proceeds of such taxes shall be
accounted for to the prorisional governor, and be by him applied to the ex-
penses of the administration of the laws in such state, subject to the direction
of the President, and the surplus shall be deposited in the treasury of the
United States to the credit of such state, to be paid to the state upon an ap-
propriation therefor, to be made when a republican form of government
shall be recognized therein by the United States.
Sec. 12. And he it further enacted ^ That all persons held to involuntary
servitude or labor in the states aforesaid are hereby emancipated and dis-
charged therefrom, and they and their posterity shall be forever free. And
if any such persons or their posterity shall be restrained of liberty, under pre-
tence of any claim to such service or labor, the courts of the United States
shall, on habeas corpus, discharge them.
Sec. 13. And he it further enacted^ That if any person declared free by this
act, or any law of the United States, or any proclamation of the President, be
i864l ELECTORAL COUNT 487
restrained of liberty, with intent to be held in or reduced to involuntary servi-
tude or labor, the person convicted before a court of competent jurisdiction
of such act shall be punished by fine of not less than fifteen hundred dollars,
and be imprisoned not less than five nor more than twenty years.
Sec. 14. And be it further enacted ^ That every person who shall hereafter
hold or exercise any office, civil or military, except offices merely ministerial,
and military offices below the grade of colonel, in the rebel service, state or
confederate, is hereby declared not to be a citizen of the United States.
No. 140. Electoral Count
February 8, 1865
A JOINT resolution declaring certain States not eligible to representation
in the electoral college was presented in the House December 19, 1864, by
Wilson of Iowa, and passed the House January 30, 1865. The resolution
was reported in the Senate February i, with an amendment to the preamble.
An amendment to strike out Louisiana from the list of States named was
rejected, and on the 4th, by a vote of 29 to 10, the amended resolution passed
the Senate. The House concurred in the Senate amendment. In his mes-
sage of approval, February 8, Lincoln disclaimed "all right of the Executive
to interfere in any way in the matter of canvassing or counting electoral
votes," and further disclaimed "that by signing said resolution he has ex-
pressed any opinion^n the recitals of the preamble or any judgment of his
own upon the subject of the resolution."
References. — Text in U. S. Statutes at Large, XIII., 567, ^68. For the
proceedings see the House and Senate Journals, 38th Cong., 2d Sess., and the
Cong. Globe.
Joint Resolution declaring certain States not entitled to Representa •
tion in the Electoral College.
Whereas the inhabitants and local authorities of the States
of Virginia, North Carolina, South Carolina, Georgia, Florida,
Alabama, Mississippi, Louisiana, Texas, Arkansas, and Ten-
nessee rebelled against the government of the United States,
and were in such condition on . . . [November 8, 1864,] . . .
that no valid election for electors of President and Vice-President
of the United States, according to the constitution and laws thereof,
was held therein on said day : Therefore,
Be it resolved . . . , That the states mentioned in the preamble
488 FREEDMEN'S BUREAU [March j
to this joint resolution are not entitled to representation in the
electoral college for the choice of President and Vice-President
of the United States, for the term of office commencing . . .
[March 4, 1865] . . . ; and no electoral votes shall be received
or counted from said states concerning the choice of President and
Vice-President for said term of office.
No. 141. Freedmen's Bureau
March 3, 1865
A BILL ** to establish a bureau of emancipation " was reported in the House
December 22, 1863, by Eliot of Massachusetts, from the Select Committee on
Emancipation, and recommitted. The bill was reported with amendments
January 13, 1864, and March i passed the House by a vote of 69 to 67. In
the Senate the bill was referred to the Select Committee on Slavery and
Freedmen, of which Sumner was chairman. A bill to establish a bureau of
freedmen was reported from the committee April 1 2. May 25 the committee
reported the House bill with a substitute amendment, and the bill thus
amended passed the Senate June 29 by a vote of 21 to 9. The select com-
mittee of the House recommended that the amendments of the Senate be
disagreed to. Further action was postponed until December. December 20
a conference committee was appointed. The report of the committee was
accepted by the House February 9, 1865, by a vote of 64 to 62, 56 not vot-
ing, but rejected by the Senate on the 2 2d by a vote of 14 to 24. March 3
the report of a second conference committee was agreed to by both houses.
An act of July 16, 1866, continued the act of 1865 in force until July 16,
1868, and enlarged the scope of the bureau.
References. — Text in U. S. Statutes at Large, XIII., 507-509. For the
proceedings see the House and Senate Journals, 38th Cong., ist and 2d Sess.,
and the Cong. Globe. The supplementary act of 1866 is in MacDonald's
Select Statutes, No. 51. On the work of the bureau see Senate Exec, Doc.
28, 38th Cong., 2d Sess.; House Exec. Docs. 11, 70, and 120, 39th Cong.,
I St Sess.; House Exec. Doc. 7, 39th Cong., 2d Sess.; House Report 30, 40th
Cong., 2d Sess.; House Exec. Doc. 329, ibid.; House Exec. Doc. 142, 41st
Cong., 2d Sess.; House Afisc. Doc. 87, 42d Cong., 3d Sess.; House Exec.
Doc. 10, 43d Cong., ist Sess.; House Exec. Doc. 144, 44th Cong., ist Sess.
On the condition of freedmen see Senate Exec. Doc. 53, and Senate Report 25,
38th Cong., ist Sess. ; House Exec. Doc. 1 18, 39th Cong., ist Sess. Southern
State legislation respecting freedmen is summarized in McPherson, Recon-
struction, 29-44.
1865I FREEDMEN'S BUREAU 489
An Ad to establish a Bureau for the Relief of Freedmen and
Refugees.
Be it enacted . . . , That there is hereby established in the
War Department, to continue during the present war of rebel-
lion, and for one year thereafter, a bureau of refugees, freed-
men, and abandoned lands, to which shall be committed, as
hereinafter provided, the supervision and management of all
abandoned lands, and the control of all subjects relating to refu-
gees and freedmen from rebel states, or from any dktrict of
country within the territory embraced in the operations of the
army, under such rules and regulations as may be prescribed by
the head of the bureau and approved by the President. The
said bureau shall be under the management and control of a
commissioner to be appointed by the President, by and with the
advice and consent of the Senate. . . .
Sec. 2. And be it further enacted. That the Secretary of
War may direct such issues of provisions, clothing, and fuel, as
he may deem needful for the immediate and temporary shelter
and supply of destitute and suffering refugees and freedmen
and their wives and children, under such rules and regulations
as he may direct.
Sec. 3. And be it. further enacted, That the President may,
by and with the advice and consent of the Senate, appoint an
assistant commissioner for each of the states declared to be in
insurrection, not exceeding ten in number, who shall, under the
direction of the commissioner, aid in the execution of the provi-
sions of this act ; . . . And any military officer may be detailed and
assigned to duty under this act without increase of pay or allow-
ances. . . .
Sec. 4. And be it further enacted. That the commissioner,
under the direction of the President, shall have authority to set
apart, for the use of loyal refugees and freedmen, such tracts of
land within the insurrectionary states as shall have been aban-
doned, or to which the United States shall have acquired title
by confiscation or sale, or otherwise, and to every male citizen,
whether refugee or freedman, as aforesaid, there shall be
assigned not more than forty acres of such land, and the person
to whom it was so assigned shall be protected in the use and
490 FREEDOM FOR SOLDIERS' FAMILIES [March 3
enjoyment of the land for the term of three years at an annual
rent not exceeding six per centum upon the value of such land,
as it was appraised by the state authorities in the year eighteen
hundred and sixty, for the purpose of taxation, and in case no
such appraisal can be found, then the rental shall be based upon
the estimated value of the land in said year, to be ascertained
in such manner as the commissioner may by regulation prescribe.
At the end of said term, or at any time during said term, the occu-
pants of any parcels so assigned may purchase the land and re-
ceive such title thereto as the United States can convey, upK>n
paying therefor the value of the land, as ascertained and fiixed
for the purpose of determining the annual rent aforesaid.
No. 142. Freedom for Soldiers' Families
March 3, 1865
A BILL to secure the freedom of soldiers' families was introduced in the
Senate December 13, 1864, by Wilson of Massachusetts, and passed that
Ixxiy January 9, 1865, notwithstanding strong opposition, by a vote of 27 to
10. The vote in the House, February 22, on the {Passage of the bill was 74
to 63, 45 not voting.
References. — Text in U.S. Statutes at Large, XIII., 571. For the pro-
ceedings see the House and Senate JourmilSy 38th Cong., 2d Sess., and the
Cong, Globe, The important debate was in the Senate.
A Resolution to encourage Enlistments and to promote the Effi-
ciency of the military Forces of the United States,
Resolved . . . , That, for the purpose of encouraging enlistments
and promoting the efficiency of the military and naval forces of
the United States, it is hereby enacted that the wife and children,
if any he have, of any person that has been, or may be, mustered
into the military or naval service of the United States, shall,
from and after the passage of this act, be forever free, any law,
usage, or custom whatsoever to the contrary notwithstanding . . .
1865J GOVERNOR FOR NORTH CAROLINA 491
No. 143. Proclamation appointing a Gov-
ernor for North Carolina
May 29, X865
The appointment of military goveraors in the States lately in rebellion,
and the reestablishment of the State governments under their direction, were
steps of primary importance in the plan of executive reconstruction proposed
by President Johnson. Appointments similar to that in North Carolina were
proclaimed June 13, for Mississippi; June 17, for Georgia and* Texas; June
21, for Alabama; June 30, for South Carolina, and July 13, for Florida. An
executive order of May 9 had declared the authority of the United States
reestablished in Virginia, directed the various departments of the national
government to resume operations in that State, and promised federal aid to
Governor Pierpont if necessary.
References. — Text in U.S. Statutes at Large ^ XIII., 760, 761. On
Johnson's theory of reconstruction in this connection, see his annual message
of December 4, 1865.
Whereas the fourth section of the fourth article of the Con-
stitution of the United States declares that the United States
shall guarantee to every state in the Union a republican form of
government, and shall protect each of them against invasion and
domestic violence; and whereas the President of the United
States is, by the constitution, made commander-in-chief of the
army and navy, as well as chief civil executive officer of the
United States, and is bound by solemn oath faithfully to execute
the office of President of the United States, and to take care
that the laws be faithfully executed; and whereas the rebellion,
which has been waged by a portion of the people of the United
States against the properly constituted authorities of the govern-
ment thereof, in the most violent and revolting form, but whose
organized and armed forces have now been almost entirely over-
come, has, in its revolutionary progress, deprived the people of
the State of North Carolina of all civil government; and where-
as it becomes necessary and proper to carry out and enforce
the obligations of the United States to the people of North Caro-
lina, in securing them in the enjoyment of a republican form of
government :
Now, therefore, in obedience to the high and solemn duties
492 GOVERNOR FOR NORTH CAROLINA [May 29
imposed upon me by the Constitution of the United States, and
for the purpose of enabling the loyal people of said state to or-
ganize a state government, whereby justice may be established,
domestic tranquillity insured, and loyal citizens protected in all
their rights of life, liberty, and property, I, ANDREW JOHN-
SON, President of the United States, and commander-in-chief of
the army and navy of the United States, do hereby appoint William
W. Holden provisional governor of the State of North Carolina,
whose duty it shall be, at the earliest practicable period, to
prescribe such rules and regulations as may be necessary and
proper for convening a convention, comf)osed of delegates to be
chosen by that portion of the people of said state who are loyal
to the United States, and no others, for the purpose of altering
or amending the constitution thereof; and with authority to
exercise, within the limits of said state, all the powers necessary
and proper to enable such loyal people of the State of North
Carolina to restore said state to its constitutional relations to the
federal government, and to present such a republican form of
state government as will entitle the state to the guarantee of the
United States therefor, and its people to protection by the
United States against invasion, insurrection, and domestic vio-
lence; Provided that, in any election that may be hereafter held
for choosing delegates to any state convention as aforesaid, no
person shall be qualified as an elector, or shall be eligible as
a member of such convention, unless he shall have previously
taken and subscribed the oath of amnesty, as set forth in the
President's Proclamation of May 29, A.D. 1865, and is a voter
qualified as prescribed by the constitution and laws of the State
of North Carolina in force immediately before the 20th day of
May, A.D. 1861, the date of the so-called ordinance of secession;
and the said convention, when convened, or the legislature that
may be thereafter assembled, will prescribe the qualification of
electors, and the eligibility of persons to hold office under the
constitution and laws of the state, — a power the people of the
several states composing the Federal Union have rightfully exer-
cised from the origin of the government to the present time.
And I do hereby direct —
First, That the military commander of the department, and
all officers and persons in the military or naval service, aid and
iS6s] GOVERNOR FOR NORTH CAROLINA 493
assist the said provisional governor in carrying into effect this
Proclamation, and they be enjoined to abstain from, in any way,
hindering, impeding, or discouraging the loyal people from the
organization of a state government as herein authorized.
Second. That the Secretary of State proceed to put in force
all laws of the United States, the administration whereof belongs
to the State Department, applicable to the geographical limits
aforesaid.
Third, That the Secretary of the Treasury proceed to nomi-
nate for appointment assessors of taxes, and collectors of customs
and internal revenue, and such other ofl&cers of the Treasury
Department as are authorized by law, and put in execution the
revenue laws of the United States within the geographical limits
aforesaid. In making appointments, the preference shall be
given to qualified loyal persons residing within the districts
where their respective duties are to be performed. But if suit-
able residents of the districts shall not be found, then persons
residing in other states or districts shall be appointed.
Fourth. That the Postmaster-General proceed to establish
post-offices and post-routes, and put into execution the postal
laws of the United States within the said state, giving to loyal
residents the preference of appointment; but if suitable resi-
dents are not found, then to appoint agents, &c., from other
states.
Fifth. That the district judge for the judicial district in which
North Carolina is included proceed to hold courts within said
state, in accordance with the provisions of the act of congress.
The Attorney-General will instruct the proper officers to libel,
and bring to judgment, confiscation, and sale, property subject
to confiscation, and enforce the administration of justice within
said state in all matters within the cognizance and jurisdiction
of the federal courts.
Sixth. That the Secretary of the Navy take possession of all
public property belonging to the Navy Department within said
geographical limits, and put in operation all acts of congress in
relation to naval affairs having application to the said state.
Seventh. That the Secretary of the Interior put in force the
laws relating to the Interior Department applicable to the geo-
graphical limits aforesaid.
494 FIRST CIVIL RIGHTS ACT [April 9
No. 144. Thirteenth Amendment
December 18, 1865
January ii, 1864, John B. Henderson of Missouri ofiFered in the Senate a
joint resolution for an amendment to the Constitution providing that "slavery
or involuntary servitude, except as a punishment for crime, shall not exist in
the United States." February 8 Sumner proposed an amendment declaring
that ** everywhere within the limits of the United States, and of each State or
Territory thereof, all persons are equal before the law, so thait no person can
hold another as a slave." Both of these resolutions were referred to the Com-
mittee on the Judiciary, which reported, February 10, a- resolution proposing
an amendment in the terms of the thirteenth amendment subsequently ratified.
On the 15th the House, by a vote of 78 to 62, resolved in favor of an amend-
ment abolishing slavery. The joint resolution passed the Senate April 8, by
a vote of 38 to 6. The resolution was not taken up in the House until May 31,
and June 15, by a vote of 95 to 66 (less than the required two- thirds), was
rejected. January 31, 1865, the vote was reconsidered and the resolution
passed, the vote being 121 to 24, 37 not voting. The ratification of the
amendment by twenty-seven States was proclaimed December 18, 1865.
References. — Text in Revised Statutes of the United States (ed. 1878),
30. For the proceedings in Congress see the House and Senate JoumalSf
38th Cong., ist and 2d Sess., and the Cong. Globe. The principal proposi-
tions submitted are collected in McPherson, Rebellionf 255-259. On the
scope of the amendment see Slaughter House Cases, 16 WaUace, 36.
Article XIII.
Sec. I. Neither slavery nor involuntary servitude, save as
a punishment for crime whereof the party shall have been duly
convicted, shall exist within the United States, or any place
subject to their jurisdiction.
Sec* 2. Congress shall have power to enforce this article by
appropriate legislation.
No. 145. First Civil Rights Act
April 9, 1866
A BILL "to protect all persons in the United States in their civil rights and
furnish the means of their vindication *' was introduced in the Senate January
5, 1866, by Lyman Trumbull of Illinois, and referred to the Committee on
Judiciary. Amendments reported by the committee were agreed to on the
i866] FIRST CIVIL RIGHTS ACT 495
i2tb. February i an amendment submitted by Trumbull, regarding the
citizenship of persons bom in the United States, being the first part of sec-
tion I of the act, was agreed to by a vote of 31 to 10, but the following day
an amendment striking out the provision for the employment of military force
was rejected, the vote being 12 to 24. The bill passed the Senate February 2,
and the House, with further amendments, March 13, the vote in the House
being 11 1 to 38, 34 not voting. The Senate agreed to the House amend-
ments. March 27 President Johnson vetoed the bill. The bill was passed
over the veto by the Senate, after a long discussion, April 6, by a vote of 3^ to
15, and by the House April 9, by a vote of 132 to 41, 21 not voting.
References. — Text in U.S. Statutes at Large^ XIV., 27-29. For the
proceedings see the House and Senate Journals^ 39th Cong., ist Sess., and the
Cong. Globe, The text of the Senate bill as reported by the committee is in
the Globe for January 1 2. The veto message is in the Globe and the Journals,
FoT a report of February 19, 1867, on violations of the act, see Senate Exec,
Doc. 29, 39th Cong., 2d Sess.; for State laws relating to freedmen see Senate
Exec, Doc, 6, ibid.
An Ad to protect all Persons in the United States in their Civil
Rights, and furnish the Means of their Vindication,
Be it enacted . . . , That all persons born in the United States
and not subject to any foreign power, excluding Indians not taxed,
are hereby declared to be citizens of the United States; and
such citizens, of every race and color, without regard to any
previous condition of slavery or involuntary servitude, except as
a punishment for crime whereof the party shall have been duly
convicted, shall have the same right, in every State and Terri-
tory in the United States, to make and enforce contracts, to sue,
be parties, and give evidence, to inherit, purchase, lease, sell,
hold, and convey real and personal property, and to full and
equal benefit of all laws and proceedings for the security of per-
son and property, as is enjoyed by white citizens, and shall be
subject to like punishment, pains, and penalties, and to none
other, any law, statute, ordinance, regulation, or custom, to the
contrary notwithstanding.
Sec. 2. And be it further enacted, That any person who,
under color of any law, statute, ordinance, regulation, or custom,
shall subject, or cause to be subjected, any inhabitant of any
State or Territory to the deprivation of any right secured or
protected by this act, or to different punishment, pains, or penal-
ties on account of such person having at any time been held in a
condition of slavery or involuntary servitude, except as a punish-
496 FIRST CIVIL RIGHTS ACT [April 9
ment for crime whereof the party shall have been duly convicted,
or by reason of his color or race, than is prescribed for the
punishment of white persons, shall be deemed guilty of a mis-
demeanor, and, on conviction, shall be punished by fine not
exceeding one thousand dollars, or imprisonment not exceeding
one year, or both, in the discretion of the court.
Sec. 3. And be U further enacted^ That the district courts of
the United States, within their respective districts, shall have,
exclusively of the courts of the several States, cognizance of all
crimes and offences committed against the provisions of this act,
and. also, concurrently with the circuit courts of the United
States, of all causes, civil and criminal, affecting persons who are
denied or cannot enforce in the courts or judicial tribunals of
the State or locality where they may be any of the rights secured
to them by the first section of this act. . . . The jurisdiction in
civil and criminal matters hereby conferred on the district and
circuit courts of the United States shall be exercised and enforced
in conformity with the laws of the United States, so far as such
laws are suitable to carry the same into effect; but in all cases
where such laws are not adapted to the object, or are deficient
in the provisions necessary to furnish suitable remedies and
punish offences against law, the common law, as modified and
changed by the constitution and statutes of the State wherein
the court having jurisdiction of the cause, civil or criminal, is
held, so far as the same is not inconsistent with the Constitution
and laws of the United States, shall be extended to and govern
said courts in the trial and disposition of such cause, and, if of
a criminal nature, in the infliction of punishment on the party
found guilty.
Sec. 4. And he U further enacted, That the district attor-
neys, marshals, and deputy marshals of the United States, the
commissioners appointed by the circuit and territorial courts
of the United States, with powers of arresting, imprisoning, or
bailing offenders against the laws of the United States, the
officers and agents of the Freedmen's Bureau, and every other
officer who may be specially empowered by the President of
the United States, shall be, and they are hereby, specially
authorized and required, at the expense of the United States, to
institute proceedings against all and every f)erson who shall
1 866] FIRST CIVIL RIGHTS ACT 497
violate the provisions of this act, and cause him or them to be
arrested and imprisoned, or bailed, as the case may be, for trial
before such court of the United States or territorial court as by
this act has cognizance of the offence. And with a view to
affording reasonable protection to all persons in their constitu-
tional rights of equality before the law, without distinction of
race or color, or previous condition of slavery or involuntary
servitude, except as a punishment for crime, whereof the party
shall have been duly convicted, and to the prompt discharge of
the duties of this act, it shall be the duty of the circuit courts of
the United States and the superior courts of the Territories
of the United States, from time to time, to increase the number
of commissioners, so as to afford a speedy and convenient means
for the arrest and examination of persons charged with a viola-
tion of this act . . .
^^ ^P ^^ ^^ ^^ ^^ ^p ^p
Sec. 8. And be it further enacted, That whenever the Presi-
dent of the United States shall have reason to believe that
offences have been or are likely to be committed against the
provisions of this act within any judicial district, it shall be law-
ful for him, in his discretion, to direct the judge, marshal, and
district attorney of such district to attend at such place within
the district, and for such time as he may designate, for the pur-
jx>se of the more speedy arrest and trial of persons charged
with a violation of this act; and it shall be the duty of every
judge or other ofl&cer, when any such requisition shall be re-
ceived by him, to attend at the place and for the time therein
designated.
Sec. 9. And be it further enacted, That it shall be lawful for
the President of the United States, or such person as he may
empower for that purpose, to employ such part of the land or
naval forces of the United States, or of the militia, as shall be
necessary to prevent the violation and enforce the due execution
of this act.
Sec. 10. And be it further enacted, That upon all questions of
law arising in any cause under the provisions of this act a final
appeal may be taken to the Supreme Court of the United States.
2K
498 RESTORATION OF TENNESSEE [July 24
No. 146. Restoration of Tennessee
July 24, x866
A BILL to restore Tennessee, accompanied by certain testimony And other
papers, was reported in the House March 5, 1866, by Bingham of Ohio, from
the Joint Select Committee on Reconstruction, and recommitted. It was
taken up July 19, and agreed to on the 20th, the vote on the preamble being
86 to 48, 48 not voting, and on the resolution 1 26 to 1 2, 45 not voting. In the
Senate an amendment proposed by Sumner, providing that there should be
no denial of equal legal rights on account of race or color, was rejected, 4 to
34, and an amended preamble agreed to, the latter vote being 23 to 20. The
amendments to the resolution were agreed to by the House July 23, without
a division, and the amendment to the preamble by a vote of 93 to 26, 62 not
voting.
References. — Text in U.S. Statutes at Large, XIV., 364. For the pro-
ceedings see the House and Senate Journals, 39th Cong., ist Sess., and the
Cong, Globe. The majority and minority reports of March 5 and 6 arc
House Reports 29 and 30. In the history of the act the evolution of the pre-
amble is particularly important.
JoirU Resolution restoring Tennessee to her Relations to the Union.
Whereas, in the year eighteen hundred and sixty-one, the
government of the State of Tennessee was seized upon and taken
p>ossession of by persons in hostility to the United States, and
the inhabitants of said State in pursuance of an act of Congress
were declared to be in a state of insurrection against the United
States; and whereas said State government can only be restored
to its former political relations in the Union by the consent of
the law-making power of the United States; and whereas the
people of said State did, on . . . [February 22, 1865] . . . , by
a large popular vote, adopt and ratify a constitution of govern-
ment whereby slavery was abolished, and all ordinances and laws
of secession and debts contracted under the same were declared
void ; and whereas a State government has been organized under
said constitution which has ratified the amendment to the Con-
stitution of the United States abolishing slavery, also the amend-
ment proposed by the thirty-ninth Congress, and has done other
acts proclaiming and denoting loyalty; Therefore,
Be it resolved . . . , That the State of Tennessee is hereby
restored to her former proper, practical relations to the Union,
i866] FRANCHISE IN THE DISTRICT OF COLUMBIA 499
and is again entitled to be represented by senators and repre-
sentatives in Congress.
No. 147. Franchise in the District of
Columbia
January 8, 1867
A BILL to regulate the elective franchise in the District of Columbia was
introduced in the Senate December 4, 1865, by Wade of Ohio, and reported
with amendments on the 20th. January 10, 1866, the bill was recommitted,
and on the 12th again reported with an amendment. It was not taken up
until June 28, when further consideration was postponed until December.
The bill was taken up December 10, and on the 13th passed the Senate, the
vote being 32 to 13. On the 14th the bill passed the House by a vote of 127
to 46, 18 not voting. January 7, 1867, President Johnson vetoed the bill.
The bill was passed over the veto by the Senate on the 7th, by a vote of 29 to
10, and by the House on the 8th, by a vote of 112 to 38, 41 not voting.
References. — Text in U.S, Statutes at Large ^ XIV., 375, 376. For the
proceedings see the House and Senate Journals^ 39th Cong., 2d Sess., and the
Cong. Globe. A minority report in the House, December 19, 1865, is House
Report 2, 39th Cong., ist Sess.
AN ACT to regulate the elective franchise in the District of
Columbia.
Be it enacted . . . , That, from and after the passage of thb
act, each and every male person, excepting paupers and persons
under guardianship, of the age of twenty-one years and upwards,
who has not been convicted of any infamous crime or ofifence,
and excepting persons who may have voluntarily given aid and
comfort to the rebels in the late rebellion, and who shall have
been bom or naturalized in the United States, and who shall
have resided in the said District for the period of one year, and
three months in the ward or election precinct in which he shall
offer to vote next preceding any election therein, shall be en-
titied to the elective franchise, and shall be deemed an elector
and entided to vote at any election in said District, without any
distinction on account of color or race.
^P ^P ^P ^p ^P ^p ^p ^p
500 FIRST RECONSTRUCTION ACT [March %
No. 148. Elective Franchise in the Terri-
tories
January 31, 1867
A BILL to amend the organic acts of the several Territories was introduced
in the House April 24, 1866, by James M. Ashley of Ohio, and referred to
the Committee on Territories. The bill was reported without amendment on
the 26th, recommitted, and again reported May 3. A substitute offered by
Ashley May 15, the ninth section of which prohibited the denial of the elective
franchise on account of race or color, was agreed to by a vote of 79 to 43, 61
not voting, a motion to strike out the ninth section being defeated by a vote
of 36 to 76, 72 not voting. The bill was reported with amendments in the
Senate May 31, but went over until the next session. January 10, 1867,
a substitute in the words of the act following, offered by Wade of Ohio, was
agreed to. The Senate amendment was accepted by the House by a vote of
104 to 38, 49 not voting. The bill became a law without the President's
approval.
References. — Text in U.S. Statutes at Large, XIV., 379. For the pro-
ceedings see the House and Senate Journals^ 39th Cong., ist and 2d Sess.,
and the Cong. Globe. An abstract of the House bill of May 3 is in the Globe
for that date; Ashley's substitute, ibid., May 15.
An Act to regtdate the elective Franchise in the Territories of the
United States,
Be it enacted . . ., That from and after the passage of this act,
there shall be no denial of the elective franchise in any of the
Territories of the United States, now, or hereafter to be organ-
ized, to any citizen thereof, on account of race, color, or pre-
vious condition of servitude; and all acts or parts of acts, either
of Congress or the Legislative Assemblies of said Territories,
inconsistent with the provisions of this act are hereby declared
null and void.
a
♦
No. 149. First Reconstruction Act
March a, 1867
The question of the restoration of the insurrectionary States to a place in
the Union early engaged the attention of Congress, and many resolutions
setting forth the opinions of their framers as to the way in which such resto-
ration should be brought about, were submitted. A concurrent resolution
1 867 J FIRST RECONSTRUCTION ACT 501
of March 2, 1866, declared " that, in order to close agitation upon a question
which seems likely to disturb the action of the government, as well as to quiet
the uncertainty which is agitating the minds of the people of the eleven
States which have been declared to be in rebellion, no senator or representa-
tive shall be admitted into either branch of Congress from any of said States
until Congress shall have declared such State entitled to such representation."
The majority report of the Joint Committee on Reconstruction was submitted
June 18, 1866, and the minority report four days later. A bill to reconstruct
North Carolina was introduced by Thaddeus Stevens December 13. Febru-
ary 6, 1867, however, Stevens reported from the joint committee a general
reconstruction bill. On the 13th a substitute offered by Stevens was agreed
lo, and the bill passed the House, the vote being 109 to 55, 26 not voting.
An amendment submitted by James G. Blaine of Maine, providing that when
Congress should have approved the Constitution of any State conferring
suffrage in accordance with the Fourteenth Amendment, the other sections
of the bill should become inoperative, was rejected. In the meantime the
Fourteenth Amendment had been rejected by all the seceding States except
Tennessee. The Blaine amendment, offered by Sherman in the Senate,
was accepted by that house, and the amended bill passed, February 16, by
a vote of 29 to 10. On the 19th the House, by a vote of 73 to 98, refused
to concur, but the next day receded from its disagreement, and concurred
in the amendments of the Senate, with the addition of amendments embrac-
ing section 6 and the proviso of section 5 of the act as passed. The bill was
vetoed by President Johnson March 2, but was promptly passed over the
veto the same day, the vote in the House being 138 to 51, 3 not voting,
and in the Senate 35 to 11. An act of January 22 had provided "for the
meeting of the fortieth and all succeeding Congresses immediately after the
adjournment of the preceding Congress," while another act of February 21
directed the clerk of the House to include in the roll of representatives for
the next Congress members from those States only which had been repre-
sented in the preceding Congress. A joint resolution of March 30 appro-
priated $500,000 for the expenses of executing the various reconstruction acts.
References. — Text in U.S. Statutes at Large, XIV., 428, 429. For the
proceedings see the House and Senate Journals, 39th Cong., 2d Sess., and the
Cong. Globe. The bill reported February 6 is the same as the act as passed,
except the fifth and sixth sections, which were added as amendments. For
the texts of the more important resolutions on reconstruction, vnih the action
upon them, see McPherson, Reconstruction, 109-114, 183-187. Johnson's
message of July 20, 1867, transmitting a report of a cabinet meeting, is in
Richardson, Messages and Papers of the Presidents, VI., 527-531. The docu-
mentary literature is extensive. The report of the Joint Committee on Recon-
struction is House Report 30, 39th Cong., ist Sess. On the early disturb-
ances in the South see House Exec. Doc. 96 and House Report loi, 39th Cong.,
1st Sess.; House Exec. Docs. 61, 68, and 72 and House Report 16, 39th Cong.,
ad Sess. The most important orders, etc., relating to military reconstruction,
are in Senate Exec. Doc. 14, 40th Cong., ist Sess.; see also Senate Exec. Doc.
14, and Senate Report 14, 38th Cong., ist Sess. ; House Report 23, 39th Cong.,
502 FIRST RECONSTRUCTION ACT [March 2
ad Sess.; House Exec. Doc, 342, 40th Cong., 2d Sess. The State constitu-
tions of the reconstruction period are in Poore, Charters and ConstittUians,
On political conditions see House Exec. Doc. 131, Senate Exec. Doc. 43, Sen-
ate Misc. Doc. 62, and Senate Report 112, 39th Cong., ist Sess.; House Exec,
Docs. 20 and 34 and House Misc. Docs. 29 and 53, 40th Cong., ist Sess.;
House Exec. Docs. 53 and 276 and Senate Exec. Doc. 53, 40th Cong., 2d Sess.;
Senate Exec. Doc. 13, 41st Cong., 2d Sess. On the constitutional ques-
tion see particularly Mississippi v. Johnson, 4 Wailace, 475; Georgia v»
Stanton, 6 ibid., 51; Texas v. White, 7 ibid., 200.
An Act to provide for the more efficient Government of the Rd>d
States,
Whereas no legal State governments or adequate protection
for life or property now exists in the rebel States of Virginia,
North Carolina, South Carolina, Georgia, Mississippi, Alabama,
Louisiana, Florida, Texas, and Arkansas; and whereas it is
necessary that peace and good order should be enforced in said
States until loyal and republican State governments can be
legally established: Therefore,
Be it enacted . . . , That said rebel States shall be divided
into military districts and made subject to the military author-
ity of the United States as hereinafter prescribed, and for that
purpose Virginia shall constitute the first district; North Caro-
lina and South Carolina the second district; Georgia, Alabama,
and Florida the third district; Mississippi and Arkansas the
fourth district ; and Louisiana and Texas the fifth district.
Sec. 2. And he it further enacted, That it shall be the duty of
the President to assign to the command of each of said districts
an officer of the army, not below the rank of brigadier-general,
and to detail a sufficient military force to enable such officer to
perform his duties and enforce his authority within the district
to which he is assigned.
Sec. 3. And he it further enacted, That it shall be the duty
of each officer assigned as aforesaid, to protect all persons in
their rights of person and property, to suppress insurrection,
disorder, and violence, and to punish, or cause to be punished,
all disturbers of the public peace and criminals; and to this
end he may allow local civil tribunals to take jurisdiction of
and to try offenders, or, when in his judgment it may be
necessary for the trial of offenders, he shall have power to
1867] FIRST RECONSTRUCTION ACT 503
organize military commissions or tribunals for that puq>cse,
and all interference under^ color of State authority with the
exercise of military authority under this act, shall be null and
void.
Sec. 4. And be it further enacted, That all persons put under
military arrest by virtue of this act shall be tried without un-
necessary delay, and no cruel or unusual punishment shall be
inflicted, and no sentence of any military commission or tribu-
nal hereby authorized, affecting the life or liberty of any person,
shall be executed until it is approved by the officer in command
of the district, and the laws and regulations for the government
of the army shall not be affected by this act, except in so far as
they conflict with its provisions: Provided, That no sentence
of death under the provisions of this act shall be carried into
effect wifhout the approval of the President.
Sec. 5. And he it further enacted, That when the people of
any one of said rebel States shall have formed a constitution of
government in conformity with the Constitution of the United
States in all respects, framed by a convention of delegates
elected by the male citizens of said State, twenty-one years old
and upward, of whatever race, color, or previous condition, who
have been resident in said State for one year previous to the
day of such election, except such as may be disfranchised for
participation in the rebellion or for felony at common law, and
when such constitution shall provide that the elective franchise
shall be enjoyed by all such persons as have the qualifications
herein stated for electors of delegates, and when such constitu-
tion shall be ratified by a majority of the persons voting on the
question of ratification who are qualified as electors for delegates,
and when such constitution shall have been submitted to Con-
gress for examination and approval, and Congress shall have
approved the same, and when said State, by a vote of its legis-
lature elected under said constitution, shall have adopted the
amendment to the Constitution of the United States, proposed
by the Thirty-ninth Congress, and known as article fourteen,
and when said article shall have become a part of the Consti-
tution of the United States said State shall be declared entitled
to representation in Congress, and senators and representatives
shall be admitted therefrom on their taking the oath prescribed
S04 TENURE OF OFFICE ACT [March 2
by law, and then and thereafter the preceding sections of this
act shall be inoperative in said State: Provided, That no person
excluded from the privilege of holding office by said proposed
amendment to the Constitution of the United States, shall be
eligible to election as a member of the convention to frame a
constitution for any of said rebel States, nor shall any such
person vote for members of such convention.
Sec. 6. And he it further enacted. That, until the people of
said rebel States shall be by law admitted to representation in
the Congress of the United States, any civil governments which
may exist therein shall be deemed provisional only, and in all
respects subject to the paramount authority of the United States
at any time to abolish, modify, control, or supersede the same;
and in all elections to any office under such provisional govern-
ments all persons shall be entitied to vote, and none others,
who are entitled to vote, under the provisions of the fifth sec-
tion of this act; and no f)ersons shall be eligible to any office
under any such provisional governments who would be dis-
qualified from holding office under the provisions of the third
article of said constitutional amendment.
No. 150. Tenure of Office Act
March a, 1867
A BILL "to regulate the tenure of offices" was introduced in the Senate
December 3, 1866, the first day of the session, by George H. Williams of
Oregon, and referred to the Joint Select Committee on Retrenchment. On
the loth a substitute amendment was reported by George F. Edmunds of Ver-
mont, who also offered the next day a further amendment, being the last five
secti9ns of the act. The amended bill passed the Senate on the i8th by a
vote of 29 to 9, 14 not voting. The House, by a vote of 82 to 63, 46 not vot-
ing, added an amendment striking out the clause excepting cabinet officers
from the operation of the act, the vote on the passage of the amended bill
being 1 1 1 to 38, 42 not voting. The Senate refused to concur, but the insist-
ence of the House on its principal amendment forced the Senate to agree to
the compromise contained in the first section of the act. The report of the
conference committee was accepted by the Senate February 18, by a vote of
22 to 10, and by the House the following day by a vote of 112 to 41, 37 not
voting. March 2 the bill was vetoed by President Johnson, but was passed
over the veto the same day, the vote in the Senate being 35 to 11, 6 not vot*
1867] TENURE OF OFFICE ACT 505
ing, and in the House 138 to 51, 3 not voting. Sections i and 2 of the
act were repealed by an act of April 5, 1869, and the remainder by an act of
^iarch 3, 1887.
REFERENCES. — Tcxt in U.S, StattUes at Large , XW., 430-432. For the
proceedings see the House and Senate Journals^ 39th Cong., 2d Sess., and the
Cong, Globe. See also Senate Exec, Doc. 9, 40th Cong., Special Scss.
An Act regulating the Tenure of certain Civil Offices.
Be it enacted . . . , That every person holding any civil
office to which he has been appointed by and with the advice
and consent of the Senate, and every person who shall here-
after be appointed to any such office, and shall become duly
qualified to act therein, is, and shall be entided to hold such
office until a successor shall have been in like manner appointed
and duly qualified, except as herein othen;vise provided: Pro-
z^idedj That the Secretaries of State, of the Treasury, of War,
of the Navy, and of the Interior, the Postmaster-General, and
the Attorney-General, shall hold their offices respectively for
and during the term of the President by whom they may have
been appointed and for one month thereafter, subject to removal
by and with the advice and consent of the Senate.
Sec. 2. And be it further enctcted, That when any officer
appointed as aforesaid, excepting judges of the United States
courts, shall, during a recess of the Senate, be shown, by evi-
dence satisfactory to the President, to be guilty of misconduct
in office, or crime, or for any reason shall become incapable or
legally disqualified to perform its duties, in such case, and in
no other, the President may suspend such officer and designate
some suitable person to perform temporarily the duties of such
office until the next meeting of the Senate, and until the case
shall be acted upon by the Senate . . . ; and in such case it
shall be the duty of the President, within twenty days after the
first day of such next meeting of the Senate, to report to the
Senate such suspension, with the evidence and reasons for his
action in the case, and the name of the person so designated to
perform the duties of such office. And if the Senate shall
concur in such suspension and advise and consent to the
removal of such officer, they shall so certify to the President,
who may thereupon remove such officer, and, by and with the
advice and consent of the Senate, appoint another person to such
506 TENURE OF OFFICE ACT [March a
office. But if the Senate shall refuse to concur in such sus-
pension, such officer so suspended shall forthwith resume the
functions of his office, and the powers of the person so perform-
ing its duties in his stead shall cease, and the official salary and
emoluments of such officer shall, during such suspension, belong
to the person so performing the duties thereof, and not to the
officer so suspended. . . .
Sec. 3. And be it further enacted. That the President shall
have power to fill all vacancies which may happen during the
recess of the Senate, by reason of death or resignation, by grant-
ing commissions which shall expire at the end of their next ses-
sion thereafter. And if no appointment, by and with the advice
and consent of the Senate, shall be made to such office so vacant
or temporarily filled as aforesaid during such next session of the
Senate, such office shall remain in abeyance, without any salary,
fees, or emoluments attached thereto, until the same shall be
filled by appointment thereto, by and with the advice and con-
sent of the Senate; and during such time all the powers and
duties belonging to such office shall be exercised by such other
officer as may by law exercise such powers and duties in case
of a vacancy in such office.
Sec. 4. And be it further enacted, That nothing in this act
contained shall be construed to extend the term of any office
the duration of which is limited by law.
Sec. 5. And be it further enacted, That if any person shall,
contrary to the provisions of this act, accept any appointment
to or employment in any office, or shall hold or exercise or at-
tempt to hold or exercise, any such office or employment, he
shall be deemed, and is hereby declared to be, guilty of a high
misdemeanor, and, upon trial and conviction thereof, he shall
be punished therefor by a fine not exceeding ten thousand dol-
lars, or by imprisonment not exceeding five years, or both said
punishments, in the discretion of the court.
Sec. 6. And be it further enacted, That every removal, appK)int-
ment, or employment, made, had, or exercised, contrary to the
provisions of this act, and the making, signing, sealing, counter-
signing, or issuing of any commission or letter of authority for
or in respect to any such appointment or employment, shall be
deemed, and are hereby declared to be, high misdemeanors,
i867l COMMAND OF THE ARMY 507
and, upon trial and conviction thereof, every person guilty
thereof shall be punished by a fine not exceeding ten thoi^nd
dollars, or by imprisonment not exceeding five years, or both
said punishments, in the discretion of the court. . . .
No. 151. Command of the Army
March 2, 1867
Section a of the anny appropriatioi) act of March 2, 1867, virtually
deprived the President, in certain cases, of the command of the army. The
constitutionality of the provision was debated at some length, but an amend-
ment oflFercd in the Senate February 26, by Reverdy Johnson of Maryland, to
strike out the section was lost by a vote of 8 to 28, and other motions to the
same effect failed of support. Sections 5 and 6 were added to the bill by
the Senate. President Johnson approved the bill in order not to defeat the
appropriations, but he entered his protest against the army provision. The
section relating to the militia was repealed by acts of January 14 and March
3, 1869.
References. — Text in U.S. Statutes at Large, XIV., 486, 487. For the
proceedings see the House and Senate Journals, 39th Cong., 2d Sess., and
the Cong, Globe, The important discussion was in the Senate.
An Act making appropriations for the support of the army for the
year ending . . . [June 30, 1868] . . . , and for other purposes.
^r ^r ^r ^P ^P ^P ^P ^P
Sec. 2. And be it further enacted, That the headquarters of
the General of the army of the United States shall be at the
city of Washington, and all orders and instructions relating to
military operations issued by the President or Secretary of War
shall be issued through the General of the army, and, in case
of his inability, through the next in rank. The General of the
army shall not be removed, suspended, or relieved from com-
mand, or assigned to duty elsewhere than at said headquarters,
except at his own request, without the previous approval of the
Senate; and any orders or instructions relating to military
operations issued contrary to the requirements of this section
shall be null and void; and any officer who shall issue orders
or instructions contrary to the provisions of this section shall be
5o8 SECOND RECONSTRUCTION ACT [March 23
deemed guilty of a misdemeanor in office; and any officer of
the army who shall transmit, convey, or obey any orders or
instructions so issued contrary to the provisions of thb section,
knowing that such orders were so issued, shall be liable to im-
prisonment for not less than two nor more than twenty years,
upon conviction thereof in any court of competent jurisdiction.
♦ ♦♦♦♦♦♦♦
No. 152. Second Reconstruction Act
March 23, 1867
By a resolution of March 7, 1867, the House Committee on the Judiciary
were instructed " to report a bill declaring who shall call conventions for the
reorganization of the rebel States, and providing for the registration of voters
within said rebel States, and all elections for members of said conventions, or
for the adoption or rejection of constitutions formed by said conventions, or
for the choice of public officers, State and municipal, until the constitutions of
said States shall have been approved by Congress, shall be by ballot." A bill
in accordance with the resolution was reported March 11, and passed the
same day, the vote being 117 to 27, 16 not voting. The Senate Committee
on the Judiciary reported a substitute, which, with further amendments,
passed that body on the i6th by a vote of 38 to 2. To the bill as thus amended
the House added further amendments, the principal of which required the
approval by a majority of the registered voters of the constitution submitted
for ratification. The bill received its final form from a conference committee.
March 23 President Johnson vetoed the bill, but it was passed over the veto
the same day, in the House by a vote of 114 to 25, 25 not voting, and in the
Senate by a vote of 40 to 7.
References. — Text in U.S. Statutes at Large, XV., 2-4. For the pro-
ceedings see the House and Senate Journals^ 40th Cong., ist Sess., and the
Cong. Globe. The texts of the numerous amendments submitted are in the
Globe.
An Act supplementary to an Act entitled **An Act to provide for
the more efficient Government of the Rebel StateSy** passed . . .
[March 2, 1867] . . . , and to facilitate Restoration,
Be it enacted . . . , That before . . . [September i, 1867] . . . ,
the commanding general in each district defined by . . . [the act
of March 2, 1867] • • • » shall cause a registration to be made
of the male citizens of the United States, twenty-one years of age
1867] SECOND RECONSTRUCTION ACT 509
and upwards, resident in each county or parish in the State or
States included in his district, which registration shall include
only those persons who are qualified to vote for delegates by the
act aforesaid, and who shall have taken and subscribed the follow-
ing oath or aflirmation: **I, , do solemnly swear (or
affirm), in the presence of Almighty God, that I am a citizen of
the State of ; that I have resided in said State for
months next preceding this day, and now reside in the county of
, or the parish of , in said State (as the case may be) ;
that I am twenty-one years old; that I have not been disfran-
chised for participation in any rebellion or civil war against the
United States, or for felony committed against the laws of any
State or of the United States; that I have never been a member
of any State legislature, nor held any executive or judicial office
in any State, and afterwards engaged in insurrection or rebellion
against the United States, or given aid or comfort to the enemies
thereof ; that I have never taken an oath as a member of Congress
of the United States, or as an officer of the United States, or as a
member of any State legislature, or as an executive or judicial
officer of any State, to support the Constitution of the United
States, and afterwards engaged in insurrection or rebellion against
the United States, or given aid or comfort to the enemies thereof;
that I will faithfully support the Constitutfon and obey the laws
of the United States, and will, to the best of my ability, encour-
age others so to do, so help me God." . . .
Sec. 2, And be U further enactedy That after the completion
of the registration hereby provided for in any State, at such
time and places therein as the commanding general shall appoint
and direct, of which at least thirty days' public notice shall be
given, an election shall be held of delegates to a convention for
the purpose of establishing a constitution and civil government
for such State loyal to the Union, said convention in each State,
except Virginia, to consist of the same number of members as
the most numerous branch of the State legislature of such State
... [in i860] . . . , to be apportioned among the several dis-
tricts, counties, or parishes of such State by the commanding
general, giving to each representation in the ratio of voters regis-
tered as aforesaid as nearly as may be. The convention in Vir-
ginia shall consist of the same number of members as represented
5IO SECOND RECONSTRUCTION ACT [March a|
the territory now constituting ^^rgmia in the most numerous
branch of the legislature of said State . . . |ln i860] . . . , to be
apportioned as aforesaid.
Sec. 3. And be U further enacted, That at said election the
registered voters of each State shall vote for or against a con-
vention to form a constitution therefor under this act. ... K
a majority of the votes given on that question shall be for a
convention, then such convention shall be held as hereinafter
provided; but if a majority of said votes shall be against a
convention, then no such convention shall be held under this
act : PraiHded, That such convention shall not be held unless a
majority of all such registered voters shall have voted on the
question of holding such convention.
Sec. 4. And be it further enacted. That the commanding
general of each district shall appoint as many boards of regis-
tration as may be necessary, consisting of three loyal officers or
persons, to make and complete the registration, superintend the
election, and make return to him of the votes, lists of voters,
and of the persons elected as delegates by a plurality of the
votes cast at said election; and upon receiving said returns he
shall op)en the same, ascertain the persons elected as delegates,
according to the returns of the officers who conducted said
election, and make proclamation thereof; and if a majority of
the votes given on that question shall be for a convention, the
commanding general, within sixty days from the date of election,
shall notify the delegates to assemble in convention, at a time
and place to be mentioned in the notification, and said con-
vention, when organized, shall proceed to frame a constitution
and civil government according to the provisions of this act,
and the act to which it is supplementary; and when the same
shall have been so framed, said constitution shall be submitted
by the convention for ratification to the persons registered under
the provisions of this act at an election to be conducted by the
officers or persons appointed or to be appointed by the com-
manding general, as hereinbefore provided, and to be held after
the expiration of thirty days from the date of notice thereof, to
be given by said convention; and the returns thereof shall be
made to the commanding general of the district.
Sec. 5. And be it further enacted, That if, according to said
i^i67l CESSION OF ALASKA 511
returns, the constitution shall be ratified by a majority of the
votes of the registered electors qualified as herein specified,
cast at said election, at least one half of all the registered voters
voting upon the question of such ratification, the president of
the convention shall transmit a copy of the same, duly certi-
fied, to the President of the United States, who shall forthwith
transmit the same to Congress . . . ; and if it shall moreover
appear to Congress that the election was one at which all the
registered and qualified electors in the State had an opportunity
to vote freely and without restraint, fear, or the influence of fraud,
and if the Congress shall be satisfied thatjsuch constitution meets
the approval of a majority of all the qualified electors in the
State, and if the said constitution shall be declared by Congress
to be in conformity with the provisions of the act to which this is
supplementary, and the other provisions of said act shall have
been complied with, and the said constitution shall be approved
by Congress, the State shall be declared entitled to representation,
and senators and representatives shall be admitted therefrom as
therein provided.
No. 153. Treaty with Russia for the Ces-
sion of Alaska
March 30, 1867
By the fourth article of the treaty of 1824 between the United States and
Russia, it was agreed that for ten years the vessels of both powers might fish
and trade in the interior waters on the northwest coast of North America,
both north and south of 54° 40'. Negotiations for the continuance of the
agreement failed, and the encroachments of American seamen in Russian ter-
ritory were from time to time the subject of diplomatic correspondence. The
friendly behavior of Russia towards the United States during the Civil War,
though joined, doubtless, with an unwillingness on the part of the United
States to sec the power of Russia in North America increase, led to an accept-
ance of the offer of Russia to sell Alaska. The treaty was communicated to
the Senate July 16, 1867, and the formal transfer of the territory was made
October 18. Copies of the treaty and correspondence were laid before the
House February 17, 1868. The debate in the House raised the question of
the constitutional relation of the House to treaties involving the appropria*
512 CESSION OF ALASKA [March 30
tion of money. The preamble of the bill making the appropriation, as it
passed the House, asserted that the consent of that body was necessary to the
ratification of such treaties. The Senate refused to accept the bill in that
form, and the preamble was modified. The appropriation bill became law
July 37. Another act of the same date extended the laws of the United
States relating to customs, commerce, and navigation over Alaska, and estab-
lished it as a collection district.
References. — Text in U.S. Statutes at Large, XV., 539-543. For the
documents and correspondence see Senate Exec. Doc. 17, 40th Cong., 1st
Sess.; House Exec. Docs. 125 and 177, 40th Cong., 2d Sess. Banks*s report
in favor of ratification is House Report 37, 40th Cong., 2d Sess. For the
House proceedings see the Cong. Globe, 40th Cong., 2d Sess.
Article I.
His Majesty the Emperor of all the Russias agrees to cede
to the United States ... all the territory and dominion now
possessed by his said Majesty on the continent of America and
in the adjacent islands, the same being contained within the geo-
graphical limits herein set forth, to wit: The eastern limit is the
line of demarcation between the Russian and the British posses-
sions in North America, as established by the convention between
Russia and Great Britain, of February 28-16, 1825, and described
in Articles III and IV of said convention, in the following terms:
*' Commencing from the southernmost point of the island
called Prince of Wales Island, which point lies in the parallel
of 54 degrees 40 minutes north latitude, and between the 131st
and 133d degree of west longitude, (meridian of Greenwich,)
the said line shall ascend to the north along the channel called
Portland Channel, as far as the point of the continent where it
strikes the 56th degree of north latitude; from this last-men-
tioned point, the line of demarcation shall follow the summit of
the mountains situated parallel to the coast, as far as the point
of intersection of the 141st degree of west longitude, (of the
same meridian ;) and finally, from the said point of intersection,
the said meridian line of the 141st degree, in its prolongation as
far as the Frozen Ocean.
**IV. With reference to the line of demarcation laid down in
the preceding article, it is understood —
**ist. That the island called Prince of Wales Island shaU
i867l CESSION OF ALASKA 513
belong wholly to Russia," (now, by this cession to the United
States.)
"2d. That whenever the summit of the mountains which
extend in a direction parallel to the coast from the 56th degree
of north latitude to the point of intersection of the 141st degree
of west longitude shall prove to be at the distance of more than
ten marine leagues from the ocean, the limit between the British
possessions and the line of coast which is to belong to Russia
as above mentioned, (that is to say, the limit to the possessions
ceded by this convention,) shall be formed by a line parallel
to the winding of the coast, and which shall never exceed the
distance of ten marine leagues therefrom."
The western limit within which the territories and dominion
conveyed are contained passes through a point in Behring's
Straits on the parallel of sixty-five degrees thirty minutes north
latitude, at its intersection by the meridian which psLsses midway
between the islands of Krusenstem or Ignalook, and the island
of Ratmanoff, or Noonarbook, and proceeds due north without
limitation, into the same Frozen Ocean. The same western
limit, beginning at the same initial point, proceeds thence in a
course nearly southwest, through Behring's Straits and Behring's
Sea, so as to pass midway between the northwest point of the
island of St. Lawrence and the southeast point of Cape Chou-
kotski, to the meridian of one hundred and seventy-two west
longitude; thence, from the intersection of that meridian, in a
southwesterly direction, so as to pass midway between the island
of Attou and the Copper Island of the Kormandorski couplet or
group, in the North Pacific Ocean, to the meridian of one hun-
dred and ninety-three degrees west longitude, so as to include
in the territory conveyed the whole of the Aleutian Islands east
of that meridian.
Article III.
The inhabitants of the ceded territory, according to their
choice, reserving their natural allegiance, may return to Russia
within three years; but if they should prefer to remain in the
ceded territory, they, with the exception of uncivilized native
tribes, shall be admitted to the enjoyment of all the rights, advan-
21.
514 THIRD RECONSTRUCTION ACT [July 19
tages, and immunities of citizens of the United States, and shall
be maintained and protected in the free enjoyment of their
liberty, property, and religion. The uncivilized tribes will be
subject to such laws and regulations as the United States may
from time to time adopt in regard to aboriginal tribes of that
country.
♦ ♦♦♦♦♦«♦
Article VI.
In consideration of the cession aforesaid, the United States
agree to pay at the Treasury in Washington, within ten months
after the exchange of the ratifications of this convention, to the
diplomatic representative or other agent of His Majesty the
Emperor of all the Russias, duly authorized to receive the same,
seven million two hundred thousand dollars in gold. . . .
♦ ♦♦♦♦♦♦ ♦!
No. 154. Third Reconstruction Act
July 19, 1867
The difficulties encountered by the military commanders in enforcing the
acts of March 2 and 23, 1867, especially in regard to the oath prescribed in
the second of the two acts, led to the issue on June 20, through the Adjutant
General's office, and with the approval of all the members of the Cabinet ex-
cept Stanton, of instructions setting forth the view of the Executive as to the
meaning and scope of the acts in question. From the standpoint of Congress,
the instructions were a serious limitation on the effectiveness of the acts.
A bill to interpret and give effect to the reconstruction acts of March 2
and 23 was reported in the Senate July 8, by Trumbull of Illinois, from
the Committee on the Judiciary, but was laid aside on the nth in favor
of a bill of similar purport which had passed the House. The Senate then
substituted its own bill for the House bill, the bill in this form passing by
a vote of 32 to 6. The bill received its final form from a conference com-
mittee. July iQ President Johnson vetoed the bill, but it was at once passed
over the veto, in the House by a vote of 109 to 25, 37 not voting, and in the
Senate by a vote of 30 to 6. A joint resolution of the same date appropriated
$1,000,000 to carry into effect the reconstruction acts.
References. — Text in U.S. Statutes at Large, XV., 14-16. For the pro-
ceedings see the House and Senate Journals, 40th Cong., ist Sess., and ^he
> Signed: "WiUiam H. Seward, Edouard de Stoeckl." — Ed.
1867I TfflRD RECONSTRUCTION ACT 515
Cong. Globe. For the opinions of Attorney General Stanbery, May 34 and
June 12, see Senate Exec. Doc. 14, 40th Cong., ist Sess. The executive in-
structions of June 20 are in Richardson, Messages and Papers of the Presi-
dents, VI., 552-55<^-
An Act suppiemerUary to an Act entitled '^An Act to provide for
the more efficient Government of the Rebel States y* passed . . .
[March 2, 1867] . . . , and the Act supplementary thereto, passed
. . . [March 23, 1867].
Be ii enacted . . . , That it is hereby declared to have been
the tnie intent and meaning ... [of the acts of March 2 and
March 23, 1867] . . . , that the governments then existing in
the rebel States of Virginia, North Carolina, South Carolina,
Georgia, Mississippi, Alabama, Louisiana, Florida, Texas, and
Arkansas were not legal State governments; and that thereafter
said governments, if continued, were to be continued subject
in all respects to the military commanders of the respective
districts, and to the paramount authority of Congress.
Sec. 2. And be it further enacted. That the commander of any
district named in said act shall have power, subject to the dis-
approval of the General of the army of the United States, and
to have effect till disapproved, whenever in the opinion of such
commander the proper administration 'of said act shall require
it, to suspend or remove from office, or from the performance of
official duties and the exercise of official powers, any officer or
person holding or exercising, or professing to hold or exercise,
any civil or military office or duty in such district under any
power, election, appointment or authority derived from, or
granted by, or claimed under, any so-called State or the govern-
ment thereof, or any municipal or other division thereof, and
upon such suspension or removal such commander, subject to
the disapproval of the General as aforesaid, shall have power to
provide from time to time for the performance of the said duties
of such officer or person so suspended or removed, by the detail
of some competent officer or soldier of the army, or by the ap-
pointment of some other person, to perform the same, and to
fill vacancies occasioned by death, resignation, or otherwise.
Sec. 3. And be it further enacted, That the General of the
army of the United States shall be invested with all the powers
5l6 TfflRD RECONSTRUCTION ACT [July 19
of suspension, removal, appointment, and detail granted in the
prececUng section to district commanders.
Sec. 4. And be U further enacted^ That the acts of the oflScers
of the army already done in removing in said districts persons
exercising the functions of civil officers, and appointing others
in their stead, are hereby confirmed: Provided, That any person
heretofore or hereafter appointed by any district commander to
exercise the functions of any civil office, may be removed either
by the military officer in command of the district, or by the
General of the army. And it shall be the duty of such com-
mander to remove from office as aforesaid all persons who are
disloyal to the government of the United States, or who use
their official influence in any manner to hinder, delay, prevent,
or obstruct the due and proper administration of this act and
the acts to which it is supplementary.
Sec. 5. And be U further enacted, That the boards of regis-
tration provided for in the act . . . [of March 23, 1867] . . . ,
shall have power, and it shall be their duty before allowing the
registration of any person, to ascertain, upon such facts or
information as they can obtain, whether such person is entitled
to be registered under said act, and the oath required by said
act shall not be conclusive on such question, and no person
shall be registered unless such board shall decide that he is
entitled thereto; and such board shall also have power to exam-
ine, under oath, . . . any one touching the qualification of any
person claiming registration ; but in every case of refusal by the
board to register an applicant, and in every case of striking his
name from the list as hereinafter proxided, the board shall make a
note or memorandum, which shall be returned with the registra-
tion list to the commanding general of the district, setting forth
the grounds of such refusal or such striking from the list: Pro-
videdy That no person shall be disqualified as member of any
board of registration by reason of race or color.
Sec 6. And be it further enacted, That the true intent and
meaning of the oath prescribed in said supplementary act is,
(among other things,) that no person who has been a member
of the legislature of any State, or who has held any executive
or judicial office in any State, whether he has taken an oath to
support the Constitution of the United States or not, and whether
i867] THIRD RECONSTRUCTION ACT 517
he was holding such office at the commencement of the rebel-
lion, or had held it before, and who has afterwards engaged in
insurrection or rebellion against the United States, or given aid
or comfort to the enemies thereof, is entitled to be registered
or to vote; and the words "executive or judicial office in any
State" in said oath mentioned shall be construed to include all
civil offices created by law for the administration of any general
law of a State, or for the administration of justice.
Sec. 7. And be it further enacted^ That the time for complet-
ing the original registration provided for in said act may, in the
discretion of the commander of any district, be extended to . . .
[October i, 1867] . . . ; and the boards of registration shall
have power, and it shall be their duty, commencing fourteen days
prior to any election under said act, and upon reasonable public
notice of the time and place thereof, to revise, for a period of
five days, the registration lists, and upon being satisfied that any
person not entitled thereto has been registered, to strike the name
of such person from the list, and such f)erson shall not be allowed
to vote. And such board shall also, during the same period, add
to such registry the names of all persons who at that time possess
the qualifications required by said act who have not been already
registered; and no person shall, at any time, be entitled to
be registered or to vote by reason of any executive pardon or
anmesty for any act or thing which, without such pardon or
amnesty, would disqualify him from registration or voting.
Sec. 8. And be it furtlter enacted^ That section four of said
last-named act shall be construed to authorize the commanding
general named therein, whenever he shall deem it needful, to
remove any member of a board of registration and to appoint
another in his stead, and to fill any vacancy in such board.
Sec. 9. And be it further enacted, That all members of said
boards of registration and all persons hereafter elected or ap-
pointed to office in said military districts, under any so-called
State or municipal authority, or by detail or appointment of the
district commanders, shall be required to take and to subscribe
the oath of office prescribed by law for officers of the United States.
Sec. 10. And be it further enacted. That no district com-
mander or member of the board of registration, or any of
the officers or appointees acting under them, shall be bound
5l8, ARTICLES OF IMPEACHMENT [March 2/3
in his action by any opinion of any civil officer of the United
States.
Sec. II. And be U further enacted^ That all provisions of this
act and of the acts to which this is supplementary shall be con-
strued liberally, to the end that all the intents thereof may be
fully and perfectly carried out.
No. 155. Articles of Impeachment
March 2^3, z868
December 17, 1866, James M. Ashley of Ohio moved in the House to
suspend the rules for the purpose of reporting from the Committee on Terri-
tories a resolution for the appointment of a select committee "to inquire
whether any acts have been done by any oflScer of the Government of the
United States which, in contemplation of the Constitution, are high crimes or
misdemeanors, and whether said acts were designed or calculated to over-
throw, subvert, or corrupt the Government of the United States, or any de-
partment thereof." The vote was 90 to 49, but two-thirds being necessary,
the motion was lost. January 7, 1867, resolutions for the impeachment of
President Johnson were offered by Benjamin F. Loan and John R. Kelso of
Missouri, and referred, respectively, to the Committee on Reconstruction
and the Committee on the Judiciary. On the same day Ashley, as a question
of privilege, impeached Johnson of high crimes and misdemeanors, charging
him "with a usurpation of power and violation of law" in having corruptly
used the powers of appointment, pardon, and veto, "corruptly disposed of
public property of the United States," and "corruptly interfered in elections,
and committed acts which, in contemplation of the Constitution, are high
crimes and misdemeanors." By a vote of 108 to 39 the charges were re-
ferred to the Committee on the Judiciary for investigation. February aS the
committee reported that, from lack of time, it had reached no conclusion.
March 7 a resolution submitted by Ashley directed the continuance of
the investigation, and on the 29th, on motion of Sidney Clarke of Kansas, the
committee was requested to report at the first meeting of the House after the
recess. November 25 George S. Bout well of Massachusetts submitted the
majority report of the committee. The report closed with a resolution that
the President "be impeached for high crimes and misdemeanors." Decem-
ber 7, by a vote of 57 to 108, the resolution was disagreed to. The evidence
taken by the Committee on the Judiciary, together with the correspondence
between Johnson and Grant, was referred to the Committee on Reconstruction.
February 21, 1868, Stanton communicated to the House Johnson's order"
removing him from the office of Secretary of War; this, with a resolution foi^
the impeachment of the President, was also referred to the Committee on.
Reconstruction. On the 2 2d the committee reported a resolution recom—
i868] ARTICLES OF IMPEACHMENT 519
mending impeachment, which was agreed to on the 24th by a vote of 1 28 to 47.
Committees were appointed to prepare the articles of impeachment and to
notify the Senate. The action of the House was communicated to the Senate
on the 25th. Nine articles of impeachment were agreed to by the House
March 2, two additional articles being approved the following day. On the
4th the articles were read to the Senate, and on the 6th an order was entered
directing the issuance of a summons to the President to file an answer to the
charges, the order being made returnable March 13. A request for more
time in which to prepare an answer secured an extension to the 23d. On
that date the answer of the President was read. A request for thirty days in
which to complete preparations for the trial was denied, the vote being 12 to
41. The trial began March 30, Chief Justice Chase presiding, and continued
until May 12. May 16 a vote was taken on Article XI. of the charges. The
vote was 35 "guilty," 19 "not guilty." Votes on Articles II. and III., May
26, show^ the same result, whereupon the court, by a vote of 34 to 16,
adjourned sine die. Judgment of acquittal was entered on the three articles
on which a vote was taken.
For convenience, the votes on the adoption of the several articles are
given in brackets after each article in the text following.
References. — Text in House Journal^ 40th Cong., 2d Sess., 440-465.
For the proceedings prior to the trial see the House and Senate Journals and
theC(w;. Globe; for the trial see the Senate Journal^ Appendix, and the Cong,
GUbe^ Supplement. The report of November 25, 1867, is House Report 7,
40th Cong., ist Sess. On the Stanton-Grant episode see House Exec. Docs.
S7i 149, 168 and 183, 40th Cong., 2d Sess. Extracts from Johnson's inter-
^^•cwsand speeches are given in McPherson, Reconstruction ^ 44-63, 127-143.
The early impeachment testimony is in House Report 7, 40th Cong., ist Sess. ;
»or the articles and fuller testimony see House Misc. Doc. 91, 40th Cong.,
^ Sess. On the conduct of the impeachment see House Reports 74 and 75,
•^^*wte Report 59, and Senate Misc. Doc. 43, 40th Cong., 2d Sess. See also
^ Witt, Impeachment and Trial of Andrew Johnson; Foster, Commentaries
^ ^ Constitutian, I., 546-564.
AtTiCLE I. That said Andrew Johnson, President of the
United States, on . . . [February 21, 1868] . . . , at Washington,
^ the District of Columbia, unmindful of the high duties of his
^ce, of his oath of office, and of the requirement of the Consti-
"l^on that he should take care that the laws be faithfully executed,
"*" Unlawfully, and in violation of the Constitution and laws of
r^ United States, issue an order in writing for the removal of
^''^ M. Stanton from the office of Secretary for the Department
^' War, said Edwin M. Stanton having been theretofore duly
yfK>inted and commissioned, by and with the advice and consent
^Hc Senate of the United States, as such Secretary, and said
^^l^ew Johnson, President of the United States, on . . . [August
520 ARTICLES OF IMPEACHMENT [March 2/3
12, 1867] . . . , and during the r^ess of said Senate, having
suspended by his order Edwin M. Stanton from said office, and
within twenty days after the first day of the next meeting of said
Senate, that is to say, on the twelfth day of December in the year
last aforesaid, having reported to said Senate such suspension
with the evidence and reasons for his action in the case and the
name of the person designated to perform the duties of such office
temporarily until the next meeting of the Senate, and said Senate
thereafterwards on . . . [January 13, 1868] . . . , having duly
considered the evidence and reasons reported by said Andrew
Johnson for said suspension, and having refused to concur in
said suspension, whereby and by force of the provisions of . . .
[the Tenure of Office Act] . . . , said Edwin M. Stanton did
forthwith resume the functions of his office, whereof the said
Andrew Johnson had then and there due notice, and said Eklwin
M. Stanton, by reason of the premises, on said twenty-first day
of February, being lawfully entitled to hold said office of Secretary
for the Department of War, which said order for the removal
of said Edwin M. Stanton is in substance as follows, that is to say:
Executive Mansion,
Washington, D.C., February 21, 1868.
Sir: By virtue of the power and authority vested in me as President by
the Constitution and lawsof the United States, you are hereby removed from
office as Secretary for the Department of War, and your functions as such will
terminate upon receipt of this communication.
You will transfer to Brevet Major General Lorenzo Thomas, Adjutant
General of the army, who has this day been authorized and empowered to
act as Secretary of War ad interim, all records, books, papers, and other pub-
lic property now in your custody and charge.
Respectfully, yours, ANDREW JOHNSON.
To the Hon. Edwtn M. Stanton, Washington, D,C,
Which order was unlawfully issued with intent then and there
to violate . . . [the Tenure of Office Act] . . . , and with the
further intent, contrary to the provisions of said act, in violation
thereof, and contrary to the provisions of the Constitution of the
United States, and without the advice and consent of the Senate
of the United States, the said Senate then and there being in session,
to remove said Edwin M. Stanton from the office of Secretary
1868J ARTICLES OF IMPEACHMENT 521
for the Department of War, the said Edwin M. Stanton bcfing
then and there Secretary for the Department of War, and being
then and there in the due and lawful execution apd discharge of
the duties of said office, whereby said Andrew Johnson, President
of the United States, did then and there commit and was guilty of
a high misdemeanor in office.
[Agreed to, 127 to 42, 20 not voting.]
Article II. That on said twenty-first day of February . . .
[1868] . . . , at Washington, . . . said Andrew Johnson . . . ,
unmindful of the high duties of his office, of his oath of office,
and in violation of the Constitution of the United States, and
contrary to the provisions of . . . [the Tenure of Office Act]
. . . , without the advice and consent of the Senate of the United
States, said Senate then and there being in session, and without
authority of law, did, with intent to violate the Constitution of
the United States, and the dct aforesaid, issue and deliver to one
Lorenzo Thomas a letter of authority in substance as follows,
that is to say:
Executive Mansion,
Washington, D.C, February 21, 1868,
Sir: The Hon. Edwin M. Stanton having been this day removed from
office as Secretary for the Department of War, you are hereby authorized and
empowered to act as Secretary of War ad interim^ and will immediately enter
upon the discharge of the duties pertaining to that office.
Mr. Stanton has been instructed to transfer to you all the records, books,
papers, and other public property now in his custody and charge.
Respectfully, yours, ANDREW JOHNSON.
To Brevet Major General Lorenzo Thomas,
Adjutant General U,S, Army, Washington, D,C.
Then and there being no vacancy in said office of Secretary
for the Department of War, whereby said Andrew Johnson,
President of the United States, did then and there commit and
was guilty of a high misdemeanor in office.
[Agreed to, 124 to 41, 24 not voting.]
Article III. That said Andrew Johnson, . . . [on February
21, 1868] . . . , at Washington, . . . did commit and was guilty
of a high misdemeanor in office in this, that, without authority
of law, while the Senate of the United States was then and there
ARTK1J:S Ol- 1MI>KA( IIMK.Ni
ssion, he did appoint one Lorenzo Thomas to he Secretary
the Department of War ad interim^ without the adviee and
sent of the Senate, and with intent to violate the Constitution
the United States, no vacancy having happened in said office
Secretary for the Department of War during the recess of the
nate, and no vacancy existing in said office at the time. . . .
[Agreed to, 124 to 40, 25 not voting.]
Article IV. That said Andrew Johnson, . . . [on February
21, 1868] . . . , at Washington, . . . did unlawfully conspire
with one Lorenzo Thomas, and with other i)ersons to the House
of Representatives unknown, with intent, by intimidation and
threats, unlawfully to hinder and prevent Edwin M. Stanton,
then and there the Secretary for the Department of War, duly
appointed under the laws of the United States, from holding
said office of Secretary for the Department of War, contrary to
and in violation of the Constitution of the United States, and of
the provisions of . . . [the Conspiracy Act of July 31, 186 1].
[Agreed to, 127 to 42, 20 not voting.]
Article V. That said Andre ,v Johnson, . . . [on February
21, 1868] . . . , and on divers other days and times in said year
. . . [before March 2, 1868] . . . , at Washington, . . . did un-
lawfully conspire with one Lorenzo Thomas, and with other par-
sons to the House of Representatives unknown, to prevent and
hinder the execution of . . . [the Tenure of Office Act] . . . ,
and in pursuance of said conspiracy did unlawfully attempt to
prevent Edwin M. Stanton, then and there being Secretary for
the Department of War, duly appointed and commissioned under
the laws of the United States, from holding said office . . .
[Agreed to, 127 to 42, 20 not voting.]
Article VI. That said Andrew Johnson, . . . [on February
21, 1868] . . . , at Washington, . . . did unlawfully conspire
with one Lorenzo Thomas, by force to seize, take, and possess
the property of the United States in the Department of War, and
then and there in the custody and charge of Edwin M. Stanton,
Secretary for said department, contrary to the provisions of . . .
[the act of July 31, 1861] . . . , and with intent to violate and
disregard . . . [the Tenure of Office Act] . . .
[Agreed to, 127 to 42, 20 not voting.]
Artictlk VII. That said Andrew Johnson, . . . [on February
x868l ARTICLES OF IMPEACHMENT 523
ai» 1^868] . . . , at Washington, . . . did unlavrfully conspire
^th One Lorenzo Thomas with intent unlawfully to seize, take,
and possess the proj)erty of the United States in the Department
of War, in the custody and charge of Edwin M. Stanton, Secretary
for said department, with intent to violate and disregard . . .
[the Tenure of Office Act] . . .
[Agreed to, 127 to 42, 20 not voting.]
Article VIII. That said Andrew Johnson, . . . with intent
unlawfully to control the disbursements of the moneys appro-
priated for the military service and for the Department of
War, . . . [on February 21, 1868] . . . , at Washington, . . .
did unlawfully and contrary to the provisions of . . . [the Tenure
of Office Act] . . . , and in violation of the Constitution of the
United States, and without the advice and consent of the Senate
of the United States, and while the Senate was then and there
in session, there being no vacancy in the office of Secretary for
the Department of War, and with intent to violate and disregard
the act aforesaid, then and there issue and deliver to one Lorenzo
Thomas a letter of authority in writing, in substance as follows,
that is to say:
[Here follows the letter of appointment as in Article II.]
[Agreed to, 127 to 42, 20 not voting.]
Article IX. That said Andrew Johnson, . . . [on February
22,1868]. . . , at Washington, . . . in disregard of the Constitution
and the laws of the United States duly enacted, as commander-in-
chief of the army of the United States, did bring before himself
then and there William H. Emory, a major general by brevet
in the army of the United States, actually in command of the
department of Washington and the military forces thereof, and
did then and there, as such commander-in-chief, declare to and
instruct said Emory that part of . . . [the Army Appropriation
Act of March 2, 1867] . . . , especially the second section thereof,
. . . was unconstitutional, and in contravention- of the commis-
sion of said Emory, and which said provision of law had been
theretofore duly and legally promulgated by General Order for
the government and direction of the army of the United States,
as the said Andrew Johnson then and there well knew, with intent
thereby to induce said Emory in his official capacity as commander
of the department of Washington to violate the provisions of said
524 ARTICLES OF IMPEACHMENT [March %fi
act, and to take and receive, act upon, and 'obey such orders as he,
the said Andrew Johnson, might make and give, and which should
not be issued through the General of the army of the United States,
according to the provisions of said act, and with the further intent
thereby to enable him, the said Andrew Johnson, to prevent
the execution of . . . [the Tenure of Office Act] . . . , and to
unlawfully prevent Edwin M. Stanton, then being Secretary for
the Department of War, from holding said office and discharg-
ing the duties thereof . . .
[Agreed to, io8 to 4-, 40 not voting.]
Article X. That said Andrew Johnson, . . . unmindful of
the high duties of his office and the dignity and proprieties thereof,
and of the harmony and courtesies which ought to exist and be
maintained between the executive and legislative branches of the
government of the United States, designing and intending to set
aside the rightful authority and powers of Congress, did attempt
to bring into disgrace, ridicule, hatred, contempt, and reproach
the "Congress of the United States, and the several branches thereof,
to impair and destroy the regard and respect of all the good people
of the United States for the Congress and legislative power
thereof, (which all officers of the government ought inviolably
to preserve and maintain,) and to excite the odium and resent-
ment of all the good people of the United States against Con-
gress and the laws by it duly and constitutionally enacted ; and in
pursuance of his said design and intent openly and publicly, and
before divers assemblages of the citizens of the United States
•convened in divers parts thereof to meet and receive said
Andrew Johnson as the Chief Magistrate of the United States,
did, . . , [on August 18, 1866] . . . , and on divers other days
and times, as well before as afterward, make and deliver with a
loud voice certain intemperate, inflammatory and scandalous
harangues, and did therein utter loud threats and bitter menaces
as well against Congress as the laws of the United States duly
enacted thereby, amid the cries, jeers, and laughter of the mul-
titudes then assembled and in hearing, which are set forth in
the several specifications hereinafter written, in substance and
effect, that is to say:
Specification First. In this, that at Washington, ... in
the Executive Mansion, to a committee of citizens who called
i868] ARTICLES OF IMPEACHMENT 525
upon the President of the United States, si)eaking of and con-
cerning the Congress of the United States, said Andrew Johnson,
. . . [on August 18, 1866] . . . , did, in a loud voice, declare in
substance and effect, among other things, •that is to say:
"We have witnessed in one department of the government
every endeavor to prevent the restoration of peace, harmony,
and union. We have seen hanging upon the verge of the gov-
ernment, as it were, a body called, or which assumes to be, the
Congress of the United States, while in fact it is a Congress of
only a part of the States. We have seen this Congress pretend
to be for the Union, when its every step and act tended to j)er-
petuate disunion and make a disruption of the States inevitable.
* * * We have seen Congress gradually encroach, step by
step, upon constitutional rights, and violate, day after day and
month after month, fundamental principles of the government.
We have seen a Congress that seemed to forget that there was
a limit to the sphere and scope of legislation. We have seen a
Congress in a minority assume to exercise power which, allowed
to be consummated, would result in despotism or monarchy
itself."
Specification Second. In this, that at Cleveland, ... [on
September 3, 1866] . . . , before a public assemblage of citizens
and others, said Andrew Johnson, . . . speaking of and con-
cerning the Congress of the United States, did, in a loud voice,
declare in substance and efiFcct, among other things, that is to say:
"I will tell you what I did do. I called upon your Congress
that is trying to break up the government."
^r ^r ^r ^r ^r ^p ^r ^r
"In conclusion, beside that. Congress had taken much pains
to poison their constituents against him. But what had Con-
gress done? Have they done anything to restore the union of
these States? No; on the contrary, they had done everything
to prevent it; and because he stood now where he did when the
rebellion commenced, he had been denounced as a traitor. Who
had run greater risks or made greater sacrifices than himself?
But Congress, factious and domineering, had undertaken to
poison the minds of the American people."
526 ARTICLES OF IMPEACHMENT [March 2/5
Specification Third. In this, that at St. Louis, . . . [on
September 8, 1866] . . . , before a public assemblage of citizens
and others, said Andrew Johnson, . . . si)eaking of and con-
cerning the Congress of the United States, did, in a loud voice,
declare, in substance and effect, among other things, that is to
say:
"Go on. Perhaps if you had a word or two on the subject of
New Orleans you might understand more about it than you do.
And if you will go back — if you will go back and ascertain the
cause of the riot at New Orleans perhaps you will not be so.
prompt in calling out *New Orleans.' If you will take up the
riot at New Orleans and trace it back to its source or its imme-
diate cause, you will find out who was responsible for the blood
that was shed there. If you will take up the riot at New
Orleans and trace it back to the radical Congress, you will find
that the riot at New Orleans was substantially planned. If you
will take up the proceedings in their caucuses you will under-
stand that they there knew that a convention was to be called
which was extinct by its power having expired; that it was said
that the intention was that a new government was to be organ-
ized, and on the organization of that government the intention
was to enfranchise one portion of the population, called the col-
ored population, who had just been emancipated, and at the
same time disfranchise white men. When you design to talk
about New Orleans you ought to understand what you are talk-
ing about. When you read the speeches that were made, and
take up the facts on the Friday and Saturday before that con-
vention sat, you will there find that speeches were made incen-
diary in their character, exciting that portion of the population,
the black population, to arm themselves and prepare for the
shedding of blood. You will also find that that convention did
assemble in violation of law, and the intention of that conven-
tion was to supersede the reorganized authorities in the State
government of Louisiana, which had been recognized by the
government of the United States; and every man engaged in
that rebellion in that convention, with the intention of supersed-
ing and upturning the civil government which had been recog-
nized by the government of the United States, I say that he was
a traitor to the Constitution of the United States, and hence you
xSeS] ARTICLES OF IMPEACHMENT 527
&nd tbat another rebellion was commenced, having Us origin in
the radical Congress,
"So much for the New Orleans riot. And there was the
cause and the origin of the blood that was shed; and every
drop of blood that was shed is upon their skirts and they are
responsible for it. I could test this thing a little closer, but
will not do it here to-night. But when you talk about the
causes and consequences that resulted from proceedings of that
kind, perhaps, as I have been introduced here, and you have
provoked questions of this kind, though it does not provoke
me, I will tell you a few wholesome things that have been
done by this radical Congress in connection with New Orleans
and the extension of the elective franchise.
"I know that I have been traduced and abused. I know it
has come in advance of me here as elsewhere — that I have
attempted to exercise an arbitrary power in resisting laws that
were intended to be forced upon the government; that I had
exercised that power; that I had abandoned the party that
elected me, and that I was a traitor, because I exercised the
veto power in attempting and did arrest for a time a bill that
was called a 'Freedman's Bureau' bill; yes, that I was a
traitor. And I have been traduced, I have been slandered, I
have been maligned, I have been called Judas Iscariot, and all
that. Now, my countrymen here to-night, it is very easy to
indulge in epithets; it is easy to call a man Judas, and cry out
traitor; but when he is called upon to give arguments and facts
he is very often found wanting. Judas Iscariot — Judas. There
was a Judas, and he was one of the .twelve apostles. Oh yes,
the twelve apostles had a Christ. The twelve apostles had a
Christ, and he never could have had a Judas unless he had
had twelve apostles. If I have played the Judas, who has
been my Christ that I have played the Judas with? Was it
Thad. Stevens? Was it Wendell PhiUips? Was it Charles
Sunmer? These are the men that stop and compare them-
selves with the Saviour; and everybody that differs with them
in opinion, and to try to stay and arrest their diabolical and
nefarious policy, is to be denounced as a Judas."
528 ARTICLES OF IMPEACHMENT [March 2/3
**Well, let me say to you, if you will stand by me in this action,
if you will stand by me in trying to give the people a fair chance —
soldiers and citizens — to participate in these offices, God being
willing, I will kick them out. I will kick them out just as fast as
I can.
"Let me say to you, in concluding, that what I have said I
intended to say. I was not provoked into this, and I care not
for their menaces, the taunts, and the jeers. I care not for threats.
I do not intend to be bullied by my enemies nor overawed by my
friends. But God willing, with your help, I will veto their meas-
ures whenever any of them come to me."
Which said utterances, declarations, threats, and harangues,
highly censurable in any, are peculiarly indecent and unbecoming
in the Chief Magistrate of the United States, by means whereof
said Andrew Johnson has brought the high office of the President
of the United States into contempt, ridicule, and disgrace, to the
great scandal of all good citizens . . .
[Agreed to, 88 to 44, 57 not voting.]
Article XL That said Andrew Johnson, . . . unmindful
of the high duties of his office and of his oath of office, and in dis?
regard of the Constitution and laws of the United States, did . . .
on the i8th day of August, 1866, at the city of Washington, . . .
by public speech, declare and affirm, in substance, that the thirty-
ninth Congress of the United States was not a Congress of the
United States authorized by the Constitution to exercise legislative
j)ower under the same; but, on the contrary, was a Congress of
only part of the States, thereby denying and intending to deny that
the legislation of said Congress was valid or obligatory upon him,
the said Andrew Johnson, except in so far as he saw fit to approve
the same, and also thereby denying and intending to deny the
power of the said thirty-ninth Congress to propose amendments to
the Constitution of the United States; and in pursuance of said
declaration, the said Andrew Johnson, . . . afterward, to wit,
on the 2 1 St day of February, 1868, at the city of Washington, . . .
did unlawfully and in disregard of the requirements of the Con-
stitution, that he should take care that the laws be faithfully exe-
cuted, attempt to prevent the execution of ... [the Tenure of
Office Act] . . . , by unlawfully devising and contriving, and
attempting to devise and contrive, means by which he should
t868] FOUKTH RECONSTRUCTON ACT 529
prevent Edwin M. Stanton from forthwith resuming the functions
of the office of Secretary for the Department of War, notwithstand-
ing the refusal of the Senate to concur in the suspension theretofore
made by said Andrew Johnson of said Edwin M. Stanton from said
office of Secretary for the Department of War, and also by further
unlawfully devising and contriving and attempting to devise and
contrive means then and there to prevent the execution of . . .
[the Army Appropriation Act of March 2, 1867] . . . ,'and
also to prevent the execution of . . . [the Reconstruction Act
of March 2, 1867] . . .
[Agreed to, 109 to 32, 48 not voting.]
No. 156. Fourth Reconstruction Act
March zz, z868
A BILL "to facilitate the restoration of the late rebel States" was intro-
duced in the Hoiise December 5, 1867, by Ashley of Ohio, and referred to
the Committee on the Judiciary. On the i8th the bill was withdrawn in
favor of a bill of similar purport, substantially identical with the act as passed,
brought forward by Thaddeus Stevens. The latter bill passed the House the
same day by a vote of 104 to 37, 47 not voting. The bill was not at once con-
sidered in the Senate. The rejection, February 4, 1868, of the proposed con-
stitution of Alabama, however, when "the registered voters refrained from
voting upon the question of ratification in sufficient numbers to reduce tiic
vote to several thousand less than half the registration," hastened action.
A substitute for the House bill was reported February 17, and on the 26th
was agreed to, the vote being 28 to 6. The House, by a vote of 96 to 32,
61 not voting, concurred. March 11 the bill became law by the ten days
rule.
References. — Text in U.S. Statutes at Large, XV., 4 1 . For the proceed-
ings sec the House and Senate Journals, 40th Cong., 2d Sess., and the Cong.
Globe. The text of Ashley's bill is in the Globe, December 18, House pro-
ceedings. On elections in the Southern States see House Exec. Doc. 291,
40th Cong., ist Sess.; annual report of the Secretary of War, 1868.
An Act to amend the Act ... [of March 23, 1867] . . .
Be U enacted . . . , That hereafter any election authorized by
the act [of March 23, 1867] . . . , shall be decided by a majority
of the votes actually cast ; and at the election in which the question
21c
530 RESTORATION OF ARKANSAS [June 2a
of the adoption or rejection of any constitution is submitted, any
person duly registered in the State may vote in the election district
where he offers to vote when he has resided therein for ten days
next preceding such election, upon presentation of his certificate
of registration, his affidavit, or other satisfactory evidence, under
such regulations as the district commanders may prescribe.
Sec. 2. And be it further enacted. That the constitutional
convention of any of the States mentioned in the acts to which
tills is amendatory may provide that at the time of voting upon
the ratification of the constitution the registered voters may
vote also for members of the House of Representatives of the
United States, and for all elective officers provided for by the
said constitution; and the same election officers who shall make
the return of the vote§ cast on the ratification or rejection of
the constitution, shall enumerate and certify the votes cast for
members of Congress.
No. 157. Act admitting Arkansas to Rep-
resentation in Congress
June aa, z868
Under Lincoln's proclamation of December 8, 1863 [No. 137], Arkansas
formed a State government, but its representatives were refused admittance
by Congress, and the joint resolution of February 8, 1865 [No. 140], included
the State in the list of those whose electoral votes should not be counted.
The reconstruction government was, however, recognized by President John-
son, and the State was counted in the list of those whose legislatures had rati«
fied the Thirteenth Amendment. The first reconstruction act of March 2,
1867 [No. 149], placed Arkansas in the fourth military division, and the re-
habilitation of the State proceeded under the military government. The nar-
row majority in favor of the ratification of the State constitution, March 13,
1868, led to the introduction of a bill to admit Arkansas to representation in
Congress. The bill was reported in the House May 7, by Thaddeus Stevens,
from the Joint Committee on Reconstruction, and piassed the next day by
a vote of no to 32, 48 not voting. In the Senate an amendment prohibiting
the abridgment of the elective franchise, etc., on account of race or color was
agreed to, June i, by a vote of 26 to 14, and the bill passed, the final vote be-
ing 34 to 8. The House refused to concur, and the bill received its final form
from a conference committee. The report of the committee was agreed to by
i868] RESTORATION OF ARKANSAS 53I
the Senate June 6, and by the House June 8. On the 20th the bill was
vetoed by President Johnson, but was passed over the veto, in the House the
same day by a vote of 1 1 1 to 31, 48 not voting, and in the Senate June 22, by
a vote df 30 to 7. Senators from the State qualified June 23, and Repre-
sentatives June 24.
References. — Teict in U,S. Statutes at Large, XV., 72. For the pro-
ceedings see the House and Senate Journals, 40th Cong., 2d Sess., and the
Cong, Globe, On the election in Arkansas see House Exec, Doc. 278; on
the ratification of the Fourteenth Amendment, House Misc. Doc. 118,
ibid,
AN ACT h admit the State of Arkansas to representation in
Congress.
Whereas the people of Arkansas, in pursuance of the pro-
visions of an act entitled " An act for the more efficient gov-
ernment of the rebel States," passed March second, eighteen
hundred and sixty-seven, and the acts supplementary thereto,
have framed and adopted a constitution of State government,
which is republican, and the legislature of said State has duly
ratified the amendment to the Constitution of the United States
proposed by the thirty-ninth Congress, and known as article
fourteen : Therefore,
Be it enacted . . . , That the State of Arkansas is entitled
and admitted to representation in Congress as one of the States
of the Union* upon the following fundamental condition : That
the constitution of Arkan3as shall never be so amended or changed
as to deprive any citizen or class of citizens of the United States
of the right to vote who are entitled to vote by the constitution
herein recognized, except as a punishment for such crimes as are
now felonies at common law, whereof they shall have been duly
convicted, under laws equally applicable to all the inhabitants
of said State: Provided^ That any alteration of said constitution
prospective in its effect may be made in regard to the time and
place of residence of voters.
532 RESTORATION OF CERTAIN STATES [June 25
No. 158. Act admitting North Carolina,
South Carolina, Louisiana, Georgia, Ala-
bama, and Florida to Representation in
Congress
June 25, z868
As a result of the vote on the ratification of the State constitution of Ala-
bama, a bill to restore Alabama to the Union was introduced in the House
March 10, 1868, by Thaddeus Stevens. A substitute for this bill passed the
House, but was indefinitely postponed by the Senate. May 1 1 a bill to admit
North Carolina, South Carolina, Louisiana, Georgia, and Alabama to repre>
sentation in Congress was reported by Stevens from the Joint Committee on
Reconstruction. An amendment striking out Alabama from the list of States
was rejected by a vote of 60 to 74, 55 not voting. On the 14th the amended
bill passed the House, the vote being 1 10 to 35, 44 not voting. June 10 the
Senate, by a vote of 22 to 21, included Florida, and the bill with further
amendments passed, the vote being 31 to 5. The House concurred in the
Senate amendments by a vote of iii to 28, 50 not voting, an amendment
striking out Florida being rejected by a vote of 45 to 99, 45 not voting. The
bill was vetoed by President Johnson June 25, and passed over the veto
the same day, in the House by a vote of 108 to 32, 54 not voting, and in
the Senate by a vote of 35 to 8.
References. — Text in U.S. Statutes at Large^ XV., 73, 74. For the pro-
ceedings see the House and Senate Journals^ 40th Cong., 2d Sess., and the
Cong. Globe. On Alabama see House Exec. Docs. 302 and 303, and House
Report 21, 40th Cong., 2d Sess. ; on North Carolina, South Carolina, Georgia,
and Louisiana, House Exec. Docs. 281, 300, and 301, 40th Cong., 2d Sess.,
and Senate Exec. Doc. 15, 40th Cong., 3d Sess.; on Florida, House Misc.
Docs. 109 and 114, 40th Cong., 2d Sess.
An Act to admit the States of North Carolina, South Carolina j
Louisiana, Georgia, Alabama, and Florida, to Representation
in Congress,
Whereas the people of North Carolina, South Carolina, Lou-
isiana, Georgia, Alabama, and Florida have, in pursuance of the
provisions of . . . [the Reconstruction Act of March 2, 1867] . . . ,
and the acts supplementary thereto, framed constitutions of State
government which are republican, and have adopted said con-
stitutions by large majorities of the votes cast at the elections
held for the ratification or rejection of the same: Therefore,
Be it enacted .... That each of the States of North Caro-
i868] RESTORATION OF CERTAIN STATES 533
lina, South Carolina, Louisiana, Georgia, Alabama, and Florida,
shall be entitled and admitted to representation in Congress as
a State of the Union when the legislature of such State shall
have duly ratified the amendment to the Constitution of the
United States proposed by the Thirty-ninth Congress, and known
as article fourteen, upon the following fundamental conditions:
That the constitutions of neither of said States shall ever be so
amended or changed as to deprive any citizen or class of citizens
of the United States of the right to vote in said State, who are
entitled to vote by the constitution thereof herein recognized,
except as a punishment for such crimes as are now felonies at
common law, whereof they shall have been duly convicted under
laws equally applicable to all the mhabitants of said State: Pro-
vided, That any alteration of said constitution may be made with
regard to the time and place of residence of voters ; and the State
of Georgia shall only be entitled and admitted to representation
upon this further fundamental condition : that the first and third
subdivisions of section seventeen of the fifth article of the constitu-
tion of said State, except the proviso to the first subdivision,
shall be null and void, and that the general assembly of said State
by solemn public act shall declare the assent of the State to the
foregoing fundamental condition.
Sec. 3. And be it further enacted. That the first section of this
act shall take effect as to each State, except Georgia, when such
State shall, by its legislature, duly ratify article fourteen of the
amendments to the Constitution of the United States, proposed
by the Thirty-ninth Congress, and as to the State of Georgia
when it shall in addition give the assent of said State to the funda-
mental condition hereinbefore imposed upon the same; and
thereupon the ojficers of each State duly elected and qualified
under the constitution thereof shall be inaugurated without delay;
but no person prohibited from holding office under the United
States, or under any State, by section three of the proposed amend-
ment to the Constitution of the United States, known as article
fourteen, shall be deemed eligible to any office in either of said
States, unless relieved from disability as provided in said amend-
ment; and it is hereby made the duty of the President within ten
days after receiving official information of the ratification of said
534 OATH OF OFFICE Quly ix
amendment by the legislature of either of said States to issue a
proclamation annoimdng that fact
No. 159. Oath of Office
July XX, x868
March 5, 1868, the House having under consideration a resolution for the
removal of the political disabilities of R. R. Butler, a representative-elect from
Tennessee, the resolution, on motion of Dawes of Massachusetts, was recom-
mitted to the Committee on Elections with instructions to report a general bill
for the removal of such disabilities. The bill was reported the same day, and
on the 6th passed. Subsequent amendments in the Senate and House were
unimportant, and the yeas and nays were not called for. An act of February •
15, 187 1, allowed those who could not take the oath prescribed by the act of
July 2, i86a, and who were not rendered ineligible to office by the Fourteenth
Amendment, to take the oath prescribed by this act.
References. — Text in U.S. SkUuies at Large, XV., 85. For the pro-
ceedings see the House and Senate Journals, 40th Cong., ad Sess.
An Act prescribing an Oath of Office to he taken by Persons from
whom legal Disabilities shall have been removed.
Be it enacted . . . . , That whenever any person who has par-
ticipated in the late rebellion, and from whom all legal disabilities
arising therefrom have been removed by act of Congress by a
vote of two thirds of each house, has been or shall be elected or
appointed to any office or place of trust in or under the govern-
ment of the United States, he shall, before entering upon the
duties thereof, instead of the oath prescribed by the act of . . .
[July 2, 1862] . . . , take and subscribe the following oath or
affirmation: I, A. B., do solemnly swear (or affirm) that I will
support and defend the Constitution of the United States against
all enemies, foreign and domestic ; that I will bear true faith and
allegiance to the same ; that I take this obligation freely, without
any mental reservation or purpose of evasion; and that I will
well and faithfully discharge the duties of the office on which I am
about to enter. So help me God,
£868] EXCLUSION OF ELECTORAL VOTES 535
No. 160. Joint Resolution excluding Elec-
toral Votes of the Late Rebellious States
July 20, x868
A JOINT resolution "excluding from the electoral college votes of States
lately in rebellion which shall not have been reorganized ** was introduced in
the Senate June 2, 1868, by George F. Eklmunds of Vermont, and referred to
the Committee on the Judiciary. The resolution was reported on the 29th
with an amendment inserting the clause beginning " nor unless such election
of electors." The phraseology of the bill rather than its substance was the
chief occasion of debate. The resolution passed the Senate July 10, by a vote
of 29 to 5, 23 not voting. The House added the proviso as an amendment,
and passed the bill on the nth by a vote of 112 to 21, 65 not voting. The
Senate, by a vote of 19 to 1 5, concurred. The resolution was vetoed by Presi-
dent Johnson July 20, and passed over the veto the same day, in the House
by a vote of 134 to 36, 40 not voting, in the Senate by a vote of 45 to 8.
References. — Text in U.S. Statutes at Large, XV., 257. For the pro-
ceedings see the House and Senate Journals, 40th Cong., 2d Sess.» and the
Cong. Globe,
A Resolution excluding from tJie Electoral College Votes of States
lately in Rebellion^ which shall not liave been reorganized.
Resolved . . . , That none of the States whose inhabitants
were lately in rebellion shall be entitled to representation in the
electoral college for the choice of President or Vice-President of
the United States, nor shall any electoral votes be received or
counted from any of such States, unless at the time prescribed by
law for the choice of electors the people of such States, pursuant
to the acts of Congress in that behalf, shall have, since . . .
[March 4, 1867] . . . , adopted a constitution of State government
under which a State government shall have been organized and
shall be in operation, nor unless such election of electors shall
have been held under the authority of such constitution and gov-
ernment, and such State shall have also become entitled to rep-
resentation in Congress, pursuant to the acts of Congress in that
behalf: Provided, That nothing herein contained shall be con-
strued to apply to any State which was represented in Congress
on . . . [March 4, 1867] . . .
53^ FOURTEENTH AMENDMENT [July 28
No. 161. Fourteenth Amendment to the
Constitution
July 28f 1868
Various propositions to amend the Constitution were submitted in both
House and Senate during the first session of the thirty-ninth Congress. A
joint resolution embodying the substance of the provisions of the Fourteenth
Amendment was reported in the House April 30, 1866, by Thaddeus Stevens,
from the Committee on Reconstruction, together with a bill for admission to
representation of certain States ratifying the same. May 10 the resolution
passed the House, the vote being ia8 to 37, 18 not voting. The third section
of the House resolution provided that until July 4, 1870, all persons who had
voluntarily aided the rebellion should be denied the privilege of voting for
Representatives in Congress or presidential electors. The Senate, by a vote
of 43 to o, struck out this section, and recast the amendment in the form in
which it was later submitted. The resolution passed the Senate June 8, by a
vote of ^$ to II. On the 13th the House, by a vote of 138 to 36, 10 not vot-
ing, concurred. The amendment was rejected by Delaware, Maryland, and
Kentucky, and was not acted on by California. It was also at first rejected
by Virginia, North Carolina, South Carolina, Georgia, Florida, Alabama,
Mississippi, Louisiana, and Texas, with the result that the ratification of the
amendment was, by the Reconstruction Act of March 2, 1867, made a condi-
tion of the restoration of those States. The ratifications of New Jersey and
Ohio were rescinded by the legislatures of those States. July 20, 1868, a
proclamation by Seward announced that the amendment had been ratified
by the legislatures of twenty-three States, and "by newly constituted and
newly established bodies avowing themselves to be and acting as the legisla-
tures of North Carolina, South Carolina, Florida, Alabama, Louisiana, and
Arkansas; and that if the ratifications of New Jersey and Ohio "be deemed
as-remaining of full force and effect," the amendment was in force. There-
upon Congress, by resolution of July 21, declared the amendment in force
and directed its promulgation as such. The final proclamation was issued
July 28.
References. — Text in Revised Statutes (ed. 1878), 31. For the proceed-
ings of Congress see the House and Senate JournalSy 39th Cong., and 40th
Cong., I St and 2d Sess., and the Cong, Globe. The various proclamations are
in U.S. Statutes at Large, XV. For some early proposals see McPherson,
Reconstruction f 103. See also Guthrie, Fourteenth Amendment; Slaughter
House Cases, 16 Wallace, 36; Johnson's message of June 22, 1866. Man}
disabilities under the amendment were removed by special acts; for the gexv
eral act of May 22, 1872, see No. 173, post.
1868] FOURTEENTH AMENDMENT 537
Article XIV.
Sec. I. All persons bom or naturalized in the United States,
and subject to the jurisdiction thereof, are citizens of the United
States and of the State wherein they reside. No State shall
make or enforce any law which shall abridge the privileges or
immunities of citizens of the United States; nor shall any State
deprive any person of life, liberty, or property, without due pro-
cess of law ; nor deny to any person within its jurisdiction the equal
protection of the laws.
Sec 2. Representatives shall be apportioned among the sev-
eral States according to their respective numbers, counting the
whole number of persons in each State, excluding Indians not
taxed. But when the right to vote at any election for the choice
of electors for President and Vice-President of the United States,
Representatives in Congress, the Executive and Judicial officers
of a State, or the members of the Legislature thereof, is denied
to any of the male inhabitants of such State, being twenty-one
years of age, and citizens of the United States, or in any way
abridged, except for participation in rebellion, or other crime,
the basis of representation therein shall be reduced in the pro-
portion i?vhich the number of such male citizens shall bear to
the whole number of male citizens twenty-one years of age in
such State.
Sec 3. No person shall be a Senator or Representative in
Congress, or elector of President and Vice-President, or hold
any office, civil or military, under the United States, or under
any State, who, having previously taken an oath, as a member
of Congress, or as an officer of the United States, or as a mem-
ber of any State legislature, or as an executive or judicial officer
of any State, to support the Constitution of the United States,
shall have engaged in insurrection or rebellion against the same,
or given aid or comfort to the enemies thereof. But Congress
may by a vote of two-thirds of each House, remove such disability.
Sec 4. The validity of the public debt of the United States,
authorized by law, including debts incurred for payment of pen-
sions and boimties for services in suppressing insurrection or
rebellion, shall not be questioned. But neither the United States
538 VIRGINIA, TEXAS, AND MISSISSIPPI [Feb. 18
nor any State shall assume or pay any debt or obligation incurred
in aid of insurrection or rebellion against the United States, or
any claim for the loss or emancipation of any slave ; but all such
debts, obligations and claims shall be held illegal and void.
Sec. 5. The Congress shall have power to enforce, by appro-
priate legislation, the provisions of this article.
No. 162. Provisional Governments of Vir-
ginia, Texas, and Mississippi
February z8, 1869
A jomr resolution for the removal of certain dvil officers in Virginia and
Texas was introduced in the Senate July 24, 1868, and passed the same day.
The bill was not taken up in the House until December 10; it was then re-
ferred to the Committee on Reconstrucdon, which reported it January 18,
1869, with an amendment, the amendment being the first two provisos of
the act. The same day the bill passed the House. The Senate added the
proviso including Mississippi, in which the House concurr^. The resolu-
tion became law under the ten davs rule.
References. — Text in U.S. Statutes at Large, XV., 344. For the pro-
ceedings see the House and Senate Journals, 40th Cong., 2d and 3d Sess.,
and the Cong. Globe. The debate was unimportant.
A Resolution respecting the provisional Governments of Virginia
and Texas,
Resolved . . . , That the persons now holding civil offices in
the provisional governments of Virginia and Texas, who can-
not take and subscribe the oath prescribed by the act . . . [of
July 2, 1862] . . . , shall, on the passage of this resolution, be
removed therefrom; and it shall be the duty of the district com-
manders to fill the vacancies so created by the appointment of
persons who can take said oath: Provided, That the provisions
of this resolution shall not apply to persons who by reason of the
removal of their disabilities as provided in the fourteenth amend-
ment to the Constitution shall have qualified for any office in pur-
suance of the act . . . [of July 11, 1868] . . . : And provided
further, That this resolution shall not take effect until thirty days
1869] PUBLIC CREDIT 539
from and after its passage: And U is further provided. That this
resolution shall be, and is hereby extended to, and made applicable
to the State of Mississippi.
No. 163. Act to strengthen the Public
Credit
March 18, i86g
A BOX "to strengthen the public credit, and relating to contracts for the
payment of coin," was introduced in the House January 20, 1869, by Schenck
of Ohio, and referred to the Committee of Ways and Means. The bill was
taken up February 24, and passed the same day by a vote of 121 to 60, 41 not
voting. On' the 27th the bill passed the Senate, but was disposed of by a
"pocket" veto. The second section of the bill legalized contracts for pay-
ments in coin. The same bill was again introduced by Schenck March 12,
and passed the House the same day by a vote of 93 to 48, 52 not voting. A
bill of somewhat different character had been introduced in the Senate
March 9. On the 15th the Senate bill was laid aside, and the House bill,
without the second section, passed, the final vote being 42 to 13.
References. — Text in U.S. Statutes at Large^ XVI., i. For the pro-
ceedings see the House and Senate Journals, 40th Cong., 3d Sess., and 41st
Cong., ist Sess., and the Cong. Globe.
An Act to strengthen the public Credit.
Be U enacted . . . , That in order to remove any doubt as to
the purpose of the government to discharge all just obligations
to the public creditors, and to settle conflicting questions and
interpretations of the laws by virtue of which such obligations
have been contracted, it is hereby provided and declared that
the faith of the United States is solemnly pledged to the pay-
ment in coin or its equivalent of all the obligations of the United
States not bearing interest, known as United States notes, and of
all the interest-bearing obligations of the United States, except
in cases where the law authorizing the issue of any such obligation
has expressly provided that the same may be paid in lawful money
or other currency than gold and silver. But none of said interest-
bearing obligations not already due shall be redeemed or paid
before maturity unless at such time United States notes shall be
540 VIRGINIA, MISSISSIPPI, AND TEXAS [April lo
convertible into coin at the option of the holder, or unless at such
time bonds of the United States bearing a lower rate of interest
than the bonds to be redeemed can be sold at par in coin. And the
United States also solemnly pledges its faith to make provision at
the earliest practicable period for the redemption of the United
States notes in coin.
No. 164. Submission of the Constitutions
of Virginia, Mississippi, and Texas
April zo, 1869
In a message of April 7, 1869, President Grant recommended that provi-
sion be made for a vote in Virginia on the State constitution agreed upon by
a convention April 17, 1868, and for the election of State officers, the State
to be restored on the approval of the constitution by Congress. He further
raised the question whether the rejected constitution of Mississippi should not
be resubmitted. A bill to give effect to this recommendation, and including
Texas, was reported in the House the next day from the Committee on Re-
construction, and passed with amendments by a vote of 125 to 25, 47 not vot-
ing. The Senate, by a vote of 30 to 20, added the provision of section 6 of
the act, together with other amendments. The final vote in the Senate was
44 to 9. The House, under suspension of the rules, concurred in the Senate
amendments, the vote being 108 to 39, 54 not voting. Proclamations submit-
ting the constitutions of the States to the voters were issued, for Virginia, May
14, for Mississippi, July 13, and for Texas, July 15.
References. — Text in U.S. Statutes at Large, XVI., 40, 41. For the
proceedings see the House and Senate Journals, 41st Cong., ist Sess., and the
Cong. Globe. The bill reported April 8 is in the Globe. On Canby's course
in Virginia see Senate Exec. Doc. 13, 41st Cong., 2d Sess. On conditions in
Virginia see Senate Exec. Doc. 13, 41st Cong., 2d Sess.; in Texas, House
Misc. Docs. 57 and 127, and Senate Misc. Doc. 109, 40th Cong., 2d Sess.
An Act authorizing the Submission of the Constitutions of Vir-
ginia, Mississippi, and Texas, to a Vote of the People, and
authorizing the Election of State Officers, provided by the said
Constitutions, and Members of Congress.
Be it enacted . . . , That the President of the United States, at
such time as he may deem best for the public interest, may sub-
mit the constitution which was framed by the convention which
1869] VIRGINIA, MISSISSIPPI, AND TEXAS 541
met in Richmond, Virginia, on Tuesday, . . . [December 3,
1867] . . . , to the voters of said State, registered at the date of said
submission, for ratification or rejection ; and may also submit to a
separate vote such provisions of said constitution as he may deem
best, such vote to be taken either upon each of the said provisions
alone, or in connection with the other portions of said constitution,
as the President may direct.
Sec. 2. And be it further enacted, That at the same election
the voters of said State may vote for and elect members of the
general assembly of said State, and all the officers of said State
provided for by the said constitution, and members of Congress;
and the officer commanding the district of Virginia shall cause
the lists of registered voters of said State to be revised, enlarged,
and corrected prior to such election, according to law, and for
that purpose may appoint such registrars as he may deem nec-
essary. And said elections shall be held and returns thereof
made in the manner provided by the acts of Congress commonly
called the reconstruction acts.
Sec. 3. [Similar provisions for Texas]; Provided, also, That
no election shall be held in said State of Texas for any purpose
until the President so directs.
Sec. 4. [Similar provisions for Mississippi.]
Sec. 5. And be it further enacted, That if either of said con-
stitutions shall be ratified at such election, the legislature of the
State so ratifying, elected as provided for in this act, shall assemble
at the capital of said State on the fourth Tuesday after the official
promulgation of such ratification by the military officer com-
manding in said State.
Sec. 6. And be it further enacted. That before the States of
Virginia, Mississippi, and Texas shall be admitted to representa-
tion in Congress, th^ir several legislatures, which may be here-
after lawfully organized, shall ratify the fifteenth article, which
has been proposed by Congress to the several States as an amend-
ment to the Constitution of the United States.
Sec. 7. And be it further enacted. That the proceedings in
any of said States shall not be deemed final or operate as a com-
plete restoration thereof, until their action, respectively, shall be
approved by Congress,
542 RECONSTRUCTION OF GEORGIA [Dec. aw
No. 165. Reconstruction of Georgia
December 2a, 1869
A BILL "to enforce the fourteenth amendment to the Constitution and the
laws of the United States in the State of Georgia, and to restore to that State
the republican form of government elected under its new constitution," was
introduced in the Senate March 5, 1869, by Eldmunds of Vermont, and re-
ferred to the Committee on the Judiciary. The bill was reported with an
amendment on the 17th, but without recommendation as to its passage, the
committee being equally divided on that point. A bill with the same title
was reported in the House April 7, from the Committee on Reconstruction.
There was no further action on either bill during the session. A concurrent
resolution of February 9 had provided, in the meantime, for the recognition
of the electoral vote of Georgia. In his annual message of December 6,
President Grant called attention to the unseating of colored members of the
legislature of Georgia and the seating of persons disqualified by the fourteenth
amendment, and submitted *' whether it would not be wise, without delay, to
enact a law authorizing the governor of Georgia to convene the members
originally elected to the legislature, requiring each member to take the oath
prescribed by the reconstruction acts, and none to be admitted who are in-
eligible under the third clause of the fourteenth amendment." The Edmunds
bill was thereupon called up, and, together with a bill on the same subject in-
troduced by Oliver P. Morton of Indiana, referred to the Committee on the
Judiciary. December 13 the committee reported the Morton bill. On the
17th, by a vote of 38 to 15, section 8, "that the legislature of Georgia shall be
regarded as provisional only, until the further action of Congress," was
stricken out, and section 8 of the act inserted. The bill then passed, the vote
being 45 to 9. The House passed the bill on the aist by a vote of lai to 51,
39 not voting.
References. — Text in U.S. Statutes at Large, XVI., 59, 60. For the
proceedings see the House and Senate Journals, 41st Cong., ist and ad Sess.,
and the Cong. Globe. On political conditions in Georgia see House Misc.
Doc. 52, 40th Cong., 3d Sess.; House Exec. Doc. 8a, Senate Exec, Docs, 3 and
41, Senate Reports 58 and 75, 4xst Cong., ad Sess.
An Act to promote the Reconstruction of the State of Georgia,
Be it enacted . . . , That the governor of the State of Georgia
be, and hereby is, authorized and directed, forthwith, by procla-
mation, to summon all persons elected to the general assembly
of said State, ... to appear on some day certain, to be named in
said proclamation, at Atlanta, in said State; and thereupon the
said general assembly of said State shall proceed to perfect its
1869] RECONSTRUCTION OF GEORGU 543
organization in conformity with the Constitution and laws of the
United States, according to the provisions of this act.
Sec. 2. And be U further enacted. That when the members so
elected to said senate and house of representatives shall be con-
vened, as aforesaid, each and every member and each and every
person claiming to be elected as a member of said senate or house of
representatives shall, in addition to taking the oath or oaths re-
quired by the constitution of Georgia, also take and subscribe and
file in the office of the secretary of state of the State of Georgia •
one of the following oaths or affirmations, namely : " I do solemnly
swear (or affijin, as the case may be) that I have never held the
office, or exercised the duties of, a senator or representative in
Congress, nor been a member of the legislature of any State of the
United States, nor held any civil office created by law for the ad-
ministration of any general law of a State, or for the administration
of justice in any State or under the laws of the United States, nor
held any office in the military or naval service of the United States,
and thereafter engaged in insurrection or rebellion against the'
United States, or gave aid or comfort to its enemies, or rendered,
except in consequence of direct physical force, any support or aid to
any insurrection or rebellion against the United States, nor held
any office under, or given any support to, any government of any
kind organized or acting in hostility to the United States, or levying
war against the United States. So help me God . . ." Or the
following oath or affirmation, namely: **I do solemnly swear
(or affirm, as the case may be) that I have been relieved, by an
act of the Congress of the United States, from disability as pro-
vided for by section three of the fourteenth amendment to the
Constitution of the United States. So help me God ..." And
every person claiming to be so elected, who shall refuse or decline
or ne^ect or be unable to take one of said oaths or affirmations
above provided, shall not be admitted to a seat in said senate or
house of representatives, or to a participation in the proceedings
thereof, but shall be deemed ineligible to such seats.
^ ^ ^r ^r ^h n* n* ^F
Sec. 4. And he it further enacted, That the persons elected,
as aforesaid, and entitled to compose such legislature, and who
shall comply with the provisions of this act, by taking one of
the oaths or affirmations above prescribed, shall thereupon pro-
544 RESTORATION OF VIRGINIA Qan. 20
ceed, in said senate and house of representatives to which
they have been elected respectively, to reorganize said senate
and house of representatives, respectively, by the election and
qualification of the proper officers of each house.
Sec. 6. And be U further enacted^ That it is hereby declared
that the exclusion of any person or persons elected as aforesaid,
and being otherwise qualified, from participation in the pro-
ceedings of said senate or house of representatives, upon the
ground of race, color, or previous condition of servitude, would
be illegal, and revolutionary, and is hereby prohibited.
Sec. 7. And be U further enacted. That upon the application
of the governor of Georgia, the President of the United States
shall employ such military or naval forces of the United States
as may be necessary to enforce and execute the preceding pro-
visions of this act.
Sec. 8. And be it further enacted. That the legislature shall
ratify the fifteenth amendment proposed to the Constitution of
the United States before senators and representatives from
Georgia are admitted to seats in Congress.
No. 166. Admission of Virginia to Rep-
resentation in Congress
January 26, 1870 '
The annual message of President Grant, December 6, 1869, urged the ad-
mission of Virginia to representation, but stated that the results of the recent
elections in Mississippi and Texas were not yet known. To the proposition to
rehabilitate Virginia there was strong opposition, but the wish of the Presi-
dent prevailed. A bill to give effect to the recommendation was reported
January 11, 1870, from the Committee on Reconstruction. On the 14th a
substitute ofiFered by Bingham was agreed to by a vote of 98 to 95, 17 not
voting, and the bill passed, the final vote being 142 to 49, 19 not voting. The
Senate added various amendments imposing conditions and restrictions, and
passed the bill on the 21st by a vote of 47 to 10. On the 24th the House
concurred in the Senate amendments, the vote being 136 to 58, 16 not vot-
ing. July 28 the military authority in Virginia ceased. Acts of February 2$
and March 30 provided in similar terms for the restoration of Mississippi
and Texas, and the military authority in those States was withdrawn.
1870] RESTORATION OF VIRGINIA 545
RmuENCES. — Text in U.S. Statutes at Large, XVI., 62, 63. For the
proceedings see the House and Senate* Journals, 41st Cong., 2d Sess., and
the Cong. Globe.
An Act to admit the State of Virginia to Representation in the
Congress of the United States,
Whereas the people of Virginia have framed and adopted
a constitution of State government which is republican; and
whereas the legislature of Virginia elected under said constitu-
tion have ratified the fourteenth and fifteenth amendments to
the Constitution of the United States; and whereas the per-
formance of these several acts in good faith was a condition
precedent to the representation of the State in Congress i'
Therefore,
Be it enacted . . . , That the said State of Virginia is entitled
to representation in the Congress of the United States: Pro-
videdj That before any member of the legislature of said State
shall take or resume his seat, or any officer of said State shall
enter upon the duties of his office, he shall take, and subscribe,
and file in the office of the secretary of state of Virginia, for
permanent preservation, an oath* in the form following: "I,
, do solemnly swear that I have never taken an oath
as a member of Congress, or as an officer of the United States,
or as a member of any State legislature, or as an executive or
judicial officer of any State, to support the Constitution of the
United States, and afterward engaged in insurrection or rebellion
against the same, or given aid or comfort to the enemies thereof,
so help me God"; or such person shall in like manner take,
subscribe, and file the following oath: **I, = — , do solemnly
swear that I have, by act of Congress of the United States, been
relieved from the disabilities imposed upon me by the fourteenth
amendment of the Constitution of the United States, so help
me God"; . . . And provided further. That every such person
who shall neglect for the period of thirty days next after the
passage of this act to lake, subscribe, and file such oath as
aforesaid, shall be deemed and taken, to all intents and pur-
|x>ses, to have vacated his office: And provided further, That
^ An amending act of February i, 1870, provided for the usual alternative of
affirmation. — Ed.
2N
546 FIFTEENTH AMENDMENT [March jc
the State of Virginia is admitted to representation in Congress
as one of the States of the Union upon the following funda-
mental conditions: First, That the Constitution of Virginia
shall never be so amended or changed as to deprive any citizen
or class of citizens of the United States of the right to vote
who are entitled to vote by the Constitution herein recognized,
except as a punishment for such crimes as are now felonies
at common law, whereof they shall have been duly convicted
under laws equally applicable to all the inhabitants of said
State: Ptovidedy That any alteration of said Constitution, pro-
spective in its effects, may be made in regard to the time and
place of residence of voters. Second, That it shall never be
lawful for the said State to deprive any citizen of the United
States, on account of his race, color, or previous condition of
servitude, of the right to hold office under the constitution and
laws of said State, or upon any such ground to require of him
any other qualifications for office than such as are required oi
all other citizens. Third, That the constitution of Virginia
shall never be so amended or changed as to deprive any
citizen or class of citizens of the United States of the school
rights and privileges secured by the constitution of said State.
No, 167. Fifteenth Amendment to the Con-
stitution
March 30, 1870
"The evident and complete 'inefficacy of the se^nd section of the [four-
teenth] amendment was the reason for the introduction of the fifteenth
amendment" (Johnston). As in the case of the previous amendments, vari-
ous propositions were submitted, while the discussion of the political and
constitutional theories embodied in the proposed amendment took a wide
range. February 1 7, 1869, the Senate, after long debate, passed, by a vote of
35 to II, a joint resolution for the submission of an amendment to the Const!*
tution reported fjpm fe gpn^mittee on the Judiciary January 15. February
30 the resolution in aifi«Bd^(lk)rm passed the House, the vote being 140 to 37,
46 not voting. The Senate, by a vote of 32 to 17, disagreed to the House
amendment. The conference committee rejected the amendment of the
House and agreed to the Senate resolution, except the words "and to hold
office," in section i. The amendmenv was rejected by New Jersey, Dela-
1870I ACT TO ENFORCE FIFTEENTH AMENDMENT 547
ware, Maryland, Kentucky, Oregon, and California, and was not acted on by
Tennessee. Georgia and Ohio at first rejected it, but subsequently ratified
it. The ratification of New York was later rescinded. A proclamation de-
claring the amendment in force was issued March 30, 1870.
References. — Text in Revised Statutes (ed. 1878), 32. For the pro-
ceedings of Congress see the House and Senate Journals, 40th Cong., 2d
Sess., and the Cong. Globe. Votes of State legislatures on ratification are
collected in McPherson, Reconstruction, 488-498, 557-562.
Article XV.
Section i. The right of citizens of the United States to vote
shall not be denied or abridged by the United States or by any
State on account of race, color, or previous condition of servitude.
Section 2. The Congress shaU have power to enforce this
article by appropriate legislation.
No. 168. Act to enforce the Fifteenth
Amendment
Mfty 31, X870
A BILL to enforce the right of citizens of the United States to vote was in-
troduced in the House February 21, 1870, by Bingham of Ohio, and referred
to the Committee on the Judiciary. May 9 a substitute was reported and
the bill recommitted. The substitute measure was again reported May 16,
and passed the same day, the vote being 131 to 43, 54 not voting. May 20
the Senate, after an all-night session, passed a substitute by a vote of 43 to 8,
21 not voting. The House disagreed -to the Senate amendment, and a con-
ference committee settle^the final form of the bill. The report of the con-
ference committee was agreed to by the Senate on the 25th by a vote of 48 to
II, and by the House on the 27th by a vote of 133 to $8, 39 not voting.
References. — Text in U.S. Statutes at Large, XVI., 140-146. For the
proceedings see the House and Senate Journals, 41st Cong., 2d Sess., and the
Cong. Globe. The House substitute of May 9 is in the Globe for May 16;
the text of the Senate bill is in ibid., May 20. Part of the act followed a re-
port on New York election frauds, House Report 31, 40th Cong., 3d Sess.
On general political conditions in the South see House Report 37, 41st Cong.,
3d Sess.; Senate Report i, 42d Cong., ist Sess.; House Exec. Doc. 268, 42d
Cong., 2d Sess.; House Reports loi and 261, 43d Cong., 2d Sess. The Con-
gressional documents contain numerous reports on affairs in the different
States.
548 ACT TO ENFORCE FIFTEENTH AMENDMENT [May 31
An Act to enforce the Right of Citizens of the Untied States to
vote in the several States of this Union, and for other purposes.
Be it enacted . . . , That all citizens of the United States who
are or shall be otherwise qualified by law to vote at any election
by the people in any State, Territory, district, county, dty, par-
ish, township, school district, municipality, or other territorial
subdivision, shall be entitled and allowed to vote at all such
elections, without distinction of race, color, or previous con-
dition of servitude; any constitution, law, custom, usag^, or
relation of any State or Territory, or by or imder its author-
ity, to the contrary notwithstanding.
Sec. 2. And he U further enacted, That if by or under the
authority of the constitution or laws of any State, or the laws
of any Territory, any act is or shall be required to be done as
a prerequisite or qualification for voting, and by such constitu-
tion or laws persons or officers are or shall be charged with
the performance of duties in furnishing to citizens an opportu-
nity to perform such prerequisite, or to become qualified to vote,
it shall be the duty of every such person and officer to give to
all citizens of the United States the same and equal opportunity
to perform such prerequisite, and to become qualified to vote
without distinction of race, color, or previous condition of
servitude ; [penalty for refusal].
♦ ♦♦♦♦♦♦♦
Sec. ^, And be it further enacted, That if any person, by
force, bribery, threats, intimidation', or other unlawful means,
shall hinder, delay, prevent, or obstruct, or shall combine and
confederate with others to hinder, . . . [&c.], any citizen from
doing any act required to be done to qualify him to vote or from
voting at any election as aforesaid, such person shall for every
such offence forfeit and pay the sum of five hundred dollars to
the person aggrieved thereby, . . . and shall also for every such
offence be guilty of a misdemeanor, and shall, on conviction
thereof, be fined not less than five hundred dollars, or be im-
prisoned not less than one month and not more than one year,
or both, at the discretion of the court.
Sec. 5. And he it further enacted, That if any person shall
prevent, hinder, control, or intimidate, or shall attempt to pre-
1870J ACT TO ENFORCE FIFTEENTH AMENDMENT 549
vent . . . [ &c.], any person from exercising or in exercising the
right of suffrage, to whom the right of suffrage is secured or
guaranteed by the fifteenth amendment to the Constitution of
the United States, by means of bribery, threats, or threats of
depriving such person of employment or occupation, or of eject-
ing such person from rented house, lands, or other property, or
by threats of refusing to renew leases or contracts for labor, or
by threats of violence to himself or family, such person so offend-
ing shall be deemed guilty of a misdemeanor, and shall, on con-
viction thereof, be fined not less than five hundred dollars, or be
imprisoned not less than one month and not more than one year,
or both, at the discretion of the court.
Sec. 6. And be it further enacted, That if two or more per-
sons shall band or conspire together, or go in disguise upon the
public highway, or upon the premises of another, with intent to
violate any provision of this act, or to injure, oppress, threaten,
or intimidate any citizen with intent to prevent or hinder his
free exercise and enjoyment of any right or privilege granted
or secured to him by the Constitution or laws of the United
States, or because of his having exercised the same, such per-
sons shall be held guilty of felony, and, on conviction thereof,
shall be fined or imprisoned, or both, at the discretion of the
court, — the fine not to exceed five thousand dollars, and the
imprisonment not to exceed ten years, — and shall, moreover,
be thereafter ineligible to, and disabled from holding, any office
or place of honor, profit, or trust created by the Constitution or
laws of the United States.
^p ^^ ^^ ^^ ^^ ^^ ^^ ^^
Sec. 13. And be it further enacted, That it shall be lawful for
the President of the United States to employ such part of the
land 01^ ncbval* forces of the United States, or of the militia, as
shall be necessary to aid in the execution of judicial process
issued under this act.
♦ ♦♦♦♦♦♦♦
Sec. 15. And be it further enacted, That any person who shall
hereafter knowingly accept or hold any office under the United
States, or any State to which he is ineligible under the third
section of the fourteenth article of amendment of the Constitu-
tion of the United States, or who shall attempt to hold or exer-
SSO ACT TO ENFORCE FIFTEENTH AMENDMENT [May 31
cise the duties of any such oflftce, shall be deemed guilty of a
misdemeanor against the United States, and, upon conviction
thereof before the circuit or district court of the United States,
shall be imprisoned not more than one year, or fined not exceed-
ing one thousand dollars, or both, at the discretion of the court.
Sec. 16. And be it further enacted. That all persons within
the jurisdiction of the United States shall have the same right
in every State and Territory in the United States to make and
enforce contracts, to sue, be parties, give evidence, and to the
full and equal benefit of all laws and proceedings for the security
of person and property as is enjoyed by white citizens, and shall
be subject to like punishment, pains, penalties, taxes, licenses,
and exactions of every kind, and none other, any law, statute,
ordinance, regulation, or custom to the contrary notwithstand-
ing. . . .
^r ^^ ^^ ^r ^r ^r ^r ^r
Sec. 18. [The Civil Rights Act of 1866 reenacted.]
Sec. 19. And he it further enacted. That if at any election
for representative or delegate in the Congress of the United
States any person shall knowingly personate and vote, or
attempt to vote, in the name of any other person, whether
living, dead, or fictitious; or vote more than once at the same
election for any candidate for the same office; or vote at a
place where he may not be lawfully entitled to vote; or vote
without having a lawful right to vote; or do any unlawful act
to secure a right or an opportunity to vote for himself or any
other person ; or by force, threat, menace, intimidation, bribery,
reward, or offer, or promise thereof, or otherwise unlawfully
prevent any qualified voter of any State of the United States of
America, or of any Territory thereof, from freely exercising the
right of suffrage, or by any such means induce any voter to
refuse to exercise such right; or compel or induce by any such
means, or otherwise, any officer of an election in any such State
or Territory to receive a vote from a person not legally qualified
or entitled to vote; or interfere in any manner with any officer
of said elections in the discharge of his duties; or by any of
such means, or other unlawful means, induce any officer of an
election, or officer whose duty it is to ascertain, announce, or
declare the result of any such election, or give or make aiiy
iSyo] REFUNDING THE NATIONAL DEBT 551
certificate, document, or evidence in relation thereto, to violate
or refuse to comply with his duty, or any law regulating the
same; or knowingly and wilfully receive the vote of any person
not entitled to vote, or refuse to receive the vote of any person
entitled to vote; or aid, counsel, procure, or advise any such
voter, person, or officer to do any act hereby made a crime, or
to omit to do any duty the omission of which is hereby made a
crime, or attempt to do so, every such person shall be deemed
guilty of a crime, and shall for such crime be liable to prosecu-
tion in any court of the United States of competent jurisdiction,
and, on conviction thereof, shall be punished by a fine not
exceeding five hundred dollars, or by imprisonment for a term
not exceeding three years, or both, in the discretion of the
court, and shall pay the costs of prosecution.
No. 169. Act for Refunding the National
Debt
July 14, X870
In his annual report of December 6, 1869, the Secretary of the Treasury
called attention to the fact that the bonds known as 5*2o's, amounting to
$1,602,671,100, were either redeemable or soon to become redeemable. A bill
to provide for refunding the national debt was introduced in the Senate by
Sumner January 1 2, 1870, and referred to the Committee on Finance, which
reported February 3, through Sherman, a substitute. The matter formed one
of the principal subjects of discussion for the remainder of the session. The
substitute bill with amendments passed the Senate March 1 1, by a vote of 32
to 10. The House left the bill without action until July i, when a substitute
reported by Schenck, from the Committee of Ways and Means, was agreed to,
the final vote being 129 to 42, 58 not voting. The chief difference between
the two bills was in the character of the bonds to be issued. The Senate
refused to accept the substitute of the House. A report of a conference com-
mittee, July 12, being the act as approved with an additional section requiring
the deposit of registered bonds as security for bank circulation, was rejected
by the House by a vote of 88 to 103. A second repwrt was agreed to the
next day, in the House by a vote of 139 to 54, 37 not voting, and in the Senate
without a division. An amending act of January 20, 187 1, increased the
amount of five per cent bonds to $500,000,000, but without increasing the
total issue.
552 REFUNDING THE NATIONAL DEBT [July 14
References. — Texi in US. Statutes at Large, XVI., 272-274. For the
proceedings see the House and Senate JournalSf 41st Cong., 2d Sess., and the
Cong. Globe. On Sumner's bill see his remarks in the Globe, January 1 2 ; on
the Senate substitute, Sherman's remarks, ibid., February 28, and Senate
Report 4. Cf. Sherman's strictures on the act in his Recollections, I, 45 1-458.
An Act to authorize the Refunding of the national Debt.
Be it enacted . . . , That the Secretary of the Treasury is
hereby authorized to issue, in a sum or sums not exceeding in
the aggregate two hundred million dollars, coupon or registered
bonds of the United States, in such form as he may prescribe,
and of denominations of fifty dollars, or some multiple of that
sum, redeemable in coin of the present standard value, at the
pleasure of the United States, after ten years from the date of
their issue, and bearing interest, payable semiannually in such
coin, at the rate of five per cent, per annum; also a sum or sums
not exceeding in the aggregate three hundred million dollars of
like bonds, the same in all respects, but payable at the pleasure
of the United States, after fifteen years from the date of their
issue, and bearing interest at the rate of four and a half per
cent, per annum; also a sum or sums not exceeding in the
aggregate one thousand million dollars of like bonds, the same
in all respects, but payable at the pleasure of the United States,
after thirty years from the date of their issue, and bearing in-
terest at the rate of four per cent, per annum; all of which said
several classes of bonds and the interest thereon shall be exempt
from the payment of all taxes or duties of the United States, as
well as from taxation in any form by or under State, municipal,
or local authority. . . .
Sec. 2. And be it further enacted, That the Secretary of the
Treasury is hereby authorized to sell and dispose of any of the
bonds issued under this act, at not less than their par value for
coin, and to apply the proceeds thereof to the redemption of
any of the bonds of the United States outstanding, and known
as five-twenty bonds, at their par value, or he may exchange
the same for such five-twenty bonds, par for par; but the bonds
hereby authorized shall be used for no other purpose whatso-
ever. . . .
♦ ♦♦♦♦♦♦♦
1870] RESTORATION OF GEORGIA 553
Sec. 4- And be U further enacted^ That the Secretary of the
Treasury is hereby authorized, with any coin in the treasury of
the United States which he may lawfully apply to such purpose,
or which may be derived from the sale of any of the bonds, the
issue of which is provided for in this act, to pay at par and
cancel any six per cent, bonds of the United States of the kind
known as five-twenty bonds, which have become or shall here-
after become redeemable by the terms of their issue. . • .
♦ ♦ ♦ ♦ ♦ i» i»'i»
No. 170. Act for the Restoration of
Georgia
July 15, X870
A BILL for the restoration of Georgia, similar in purp>ort to the acts for the
restoration of Mississippi and Texas, was reported in the House February 25,
1870, by Butler of Massachusetts, from the Committee on Reconstruction, and
passed, March 8, by a vote of 115 to 71, 34 not voting. The Senate added
section 2 of the act, and further amendments declaring the existing govern-
ment of the State provisional, directing the holding of a new election, and
authorizing the President to suppress disorder. The amended bill passed the
Senate April 19, by a vote of 27 to 25. The bill was left without further
action until June 24, when the House Committee on Reconstruction reported
in favor of the passage of the House bill with amendments. The Senate
refused to concur, and the final form of the bill was settled by a conference
committee. The report of the committee was accepted by both houses
July 14, without a division.
References. — Text in U.S. Statutes at Large, XVI., 363, 364. For the
proceedings see the House and Senate Journals^ 41st Cong., 2d Sess., and the
Cong. Globe. On political conditions in Georgia see House Exec. Doc. 288.
An Ad relating to the State of Georgia.
Be it enacted . . . , That the State of Georgia having complied
with the reconstruction acts, and the fourteenth and fifteenth
articles of amendments to the Constitution of the United States
having been ratified in good faith by a legal legislature of said
State, it is hereby declared that the State of Georgia is entitled
to representation in the Congress of the United States. But
554 ACT TO ENFORCE FIFTEENTH AMENDMENT [Pcb. 28
nothing in this act contained shall be construed to deprive the
people of Georgia of the right to an election for members of
the general assembly of said State^ as provided for in the
Constitution thereof; and nothing in this or any other act of
Congress shall be construed to affect the term to which any
officer has been appointed or any member of the general assem-
bly elected as prescribed by the Constitution of the State of
Georgia.
♦ ♦♦♦♦♦»♦
No. 171. Supplementary Act to enforce
the Fifteenth Amendment
February a8, 1871
A BILL to amend the act of May 31, 1870, commonly known as the "Force
Bill," was introduced in the House January 9, 187 1, by John C. Churchill of
New York, and referred to the Committee on the Judiciary. February 15 a
substitute offered by Bingham of Ohio was agreed to with amendments, and
the bill passed, the final vote bein§ 144 to 64, 32 not voting. The Senate
passed the bill on the 24th without amendment by a vote of 39 to 10, 25 not
voting. The act was further supplemented by a provision of the sundry civil
appropriation act of June 10, 1872.
References. — Text in U.S. Statutes at Large, XVI., 433-440. For the
proceedings see the House and Senate Journals^ 41st Cong., 3d Sess., and the
Cong. Globe. The amendatory provision of the act of June 10, 1872, is in
MacDonald's Select Statutes ^ No. 95.
An Act to amend an Act approved . . . [May 31, 1870] . . . ,
entitled **An Act to enforce the Rigfits of Citizens of the United
States to vote in the several States of this Union, and for other
Purposes.**
Be it enacted . . . , [Section i amends Section 20 of the act of
May 31, 1870].
Sec. 2. And be it further enacted, That whenever in any city
or town having upward of twenty thousand inhabitants, there
shall be two citizens thereof who, prior to any registration of
voters for an election for representative or delegate in the Con-
gress of the United States, or prior to any election at which a
iSyi] ACT TO ENFORCE FIFTEENTH AMENDMENT 555
representative or delegate in Congress is to be voted for, shall
make known, in writing, to the judge of the circuit court of the
United States for the circuit wherein such city or towi> shall be,
their desire to have said registration, or said election, or both,
guarded and scrutinized, it shall be the duty of the said judge
of the circuit court, within not less than ten days prior to said
registration, if one there be, or, if no registration be required,
within not less than ten days prior to said election, to open the
said circuit court at the most convenient point in said circuit.
And the said court, when so opened by said judge, shall proceed
to appK)int and commission, from day to day and from time to
time, and under the hand of the said circuit judge, and under the
seal of said court, for each election district or voting precinct
in each and every such city or town as shall, in the manner
herein prescribed, have applied therefor, and to revoke, change,
or renew said appointment from time to time, two citizens, resi-
dents of said city or town, who shall be of different political
parties, and able to read and write the English language, and
who shall be known and designated as supervisors of election.
And the said circuit court, when opened by the said circuit judge
as required herein, shall therefrom and thereafter, and up to
and including the day following the day of election, be always
open for the transaction of business under this act, and the
powers and jurisdiction hereby granted and conferred shall be
exercised as well in vacation as in term time; and a judge sit-
ting at chambers shall have the same powers and jurisdiction,
including the power of keeping order and of punishing any
contempt of his authority, as when sitting in court.
♦ ♦♦♦♦♦♦♦
Sec. 4. And he U further enacted. That it shall be the duty of
the supervisors of election, appointed under this act, ... to at-
tend at all times and places fixed for the registration of voters,
who, being registered, would be entitled to vote for a representa-
tive or delegate in Congress, and to challenge any person offering
to register; to attend at all times and places when the names of
registered voters may be marked for challenge, and to cause
such names registered as they shall deem proper to be so
marked; to make, when required, the lists, or either of them,
provided for in section thirteen of this act, and verify the same;
556 ACT TO ENFORCE FIFTEENTH AMENDMENT [Feb. a8
and upon any occasion, and at any time when in attendance
under the provisions of this act, to personally inspect and scru-
tinize such registry, and for purposes of identification to affix
their or his signature to each and every page of the original
list, and of each and every copy of any such list of registered
voters, at such times, upon each day when any name may or
shall be received, entered, or registered, and in such manner as
will, in their or his judgment, detect and expose the improper
or wrongful removal therefrom, or addition thereto, in any way,
of any name or names.
Sec. 5. And be U further enacted, That it shall also be the
duty of the said supervisors of election, ... to attend at all times
and places for holding elections of representatives or delegates
in Congress, and for counting the votes cast at said elections;
to challenge any vote offered by any person whose legal qualifi-
cations the supervisors, or either of them, shall doubt; to be
and remain where the ballot-boxes are kept at all times after the
polls are open until each and every vote cast at said time and
place shall be counted, the canvass of all votes polled be wholly
completed, and the proper and requisite certificates or returns
made, whether said certificates or returns be required under any
law of the United States, or any State, territorial, or municipal
law, and to personally inspect and scrutinize, from time to time,
and at all times, on the day of election, the manner in which the
voting is done, and the way and method in which the poll-
books, registry-lists, and tallies or check-books, whether the
same are required by any law of the United States, or any State,
territorial, or municipal law, are kept; and to^the end that each
candidate for the office of representative or delegate in Congress
shall obtain the benefit of every vote for him cast, the said su-
pervisors of election are, and each of them is, hereby required,
in their or his respective election districts or voting precincts, to
personally scrutinize, count, and canvass each and every ballot
in their or his election district or voting precinct cast, whatever
may be the indorsement on said ballot, or in. whatever box it
may have been placed or be found; to make and forward to the
officer who, in accordance with the j^rovisions of section thirteen
of this act, shall have been designated as the chief supervisor of
the judicial district in which the city or town wherein they or he
1871] ACT TO ENFORCE FIFTEENTH AMENDMENT 557
shall serve shall he, such certificates and returns of all such
ballots as said officer may direct and require, and to attach to
the registry list, and any and all copies thereof, and to any cer-
tificate, statement, or return, whether the same, or any part or
portion thereof, he required hy any law of the United States, or
of any State, territorijd, or municipal law, any statement touch-
ing the truth or accuracy of the registry, or the truth or fairness
of the election and canvass, which the said supervisors of elec-
tion, or either of them, may desire to make or attach, or which
should properly and honestly be made or attached, in order that
the facts may become known, any law of any State or Territory
to the contrary notwithstanding.
Sec. 6. And be U further enacted, That the better to enable
the said supervisors of election to discharge their duties, they
are, and each of them is, hereby authorized and directed, in
their or his respective election districts or voting precincts, on
the day or days of registration, on the day or days when regis^
tered voters may be marked to be challenged, and on the day '
or days of election, to take, occupy, and remain in such position
or positions, from time to time, whether before or behind the
ballot-boxes, as will, in their judgment, best enable them or him
to see each person offering Jiimself for registration or offering
to vote, and as will best conduce to their or his scrutinizing the
manner in which the registration or voting is being conducted;
and at the closing of the pojls for the reception of votes, they
are, and each of them is, hereby required to place themselves or
himself in such position in relation to the ballot-boxes for the
purp>ose of engagiug in the work of canvassing the ballots in
said boxes contained aj will enable them or him to fully perform
the duties in-respect to such canvass provided in this act, and
shall there remain 'Sntil every duty in respect to such canvass,
certificates, returns, an4 statements shall have been wholly com-
pleted, any law of any State or^ Territory to the contrary not-
withstanding.
♦ ♦♦♦♦♦♦♦
Sec. 8. And be it further enacted, That whenever an election
at which representatives or delegates in Congress are to be
chosen shall be held in any city or town of twenty thousand
inhabitants or upward, the marshal of the United States for
558 ACT TO ENFORCE FIFTEENTH AMENDMENT [Feb. 28
the district in which said city or town is situated shall have
power, and it shall be his duty, on the application, in writiDg,
of at least two citizens residing in any such city or town, to
app>oint special deputy marshals, whose duty it, shall be, when
required as provided in this act, to aid and assist the supervisors
of election in the verification of any list of persons made under
the provisions of this act, who may have registered, or voted, or
either; to attend in each election district or voting precinct at
the times and places fixed for the registration of voters, and at
all times and places when and where said registration may by
law be scrutinized, and the names of registered voters be marked
for challenge; and also to attend, at all times for holding such
elections, the polls of the election in such district or precinct.
And the marshal and his general deputies, and such special
deputies, shall have power, and it shall be the duty of such
special deputies, to keep the peace, and support and protect the
supervisors of elections in the discharge of their duties, pre-
serve order at such places of registration and at such polls,
prevent fraudulent registration and fraudulent voting thereat,
or fraudulent conduct on the part of any officer of election, and
immediately, either at said place of registration or polling-place,
or elsewhere, and either before or after registering or voting,
to arrest and take into custody, with or without process, any
person who shall commit, or attempt or offer to commit, any of
the acts or offences prohibited by this act, or the act hereby
amended, or who shall commit any offence against the laws
of the United States. . . .
Sec. 10. And be it further enacted, That whoever, with or
without any authority, power, or process, or pretended author-
ity, power, or process, of any State, territorial, or municipal
authority, shall obstruct, hinder, assault, or by bribery, solici-
tation, or otherwise, interfere with or prevent the supervisors
of election, or either of them, or the marshal or his general or
special deputies, or either of them, in the performance of any
duty required of them, or either of them, or which he or they,
or either of them, may be authorized to perform by any law of
the United States, whether in the execution of process or other-
wise, or shall by any of the means before mentioned hinder or
1871] ACT TO ENFORCE FIFTEENTH AMENDMENT 559
prevent the free attendance and presence at such places of
registration or at such polls of election, or full and free access
and egress to and from any such place of registration or poll
of election, or in going to and from any such place of registra-
tion or poll of election, or to and from any room where any
such registration or election or canvass of votes, or of making
any returns or certificates thereof, may be had, or shall molest,
interfere with, remove, or eject from any such place of registra-
tion or poll of election, or of canvassing votes cast thereat, or
of making returns or certificates thereof, any supervisor of elec-
tion, the marshal, or his general or special deputies, or either
of them, or shall threaten, or attempt, or offer so to do, or shall
refuse or neglect to aid and assist any supervisor of election, or
the marshal or his general or special deputies, or either of them,
in the performance of his or their duties when required by him
or them, or either of them, to give such aid and assistance, he
shall be guilty of a misdemeanor, and liable to instant arrest
without process, and on conviction thereof shall be punished
by imprisonment not more than two years, or by fine not more
than three thousand dollars, or by both such fine and imprison-
ment, and shall pay the costs of the prosecution. Whoever
shall, during the progress of any verification of any list of
the persons who may have registered or voted, and which
shall be had or made under any of the provisions of this act,
refuse to answer, or refrain from answering, or answering shall
knowingly give false information in respect to any inquiry law-
fully made, such person shall be liable to arrest and imprison-
ment as for a misdemeanor, and on conviction thereof shall be
punished by imprisonment not to exceed thirty days, or by fine
not to exceed one hundred dollars, or by both such fine and
imprisonment, and shall pay the costs of the prosecution.
^p ^^ ^^ ^^ ^p ^^ ^^ ^^
Sec. 19. And be U further enacted, That all votes for repre-
sentatives in Congress shall hereafter be by written or printed
ballot, any law of any State to the contrary notwithstanding;
and all votes received or recorded contrary to the provisions of
this section shall be of none effect.*
« Amended by act of May 3, 1872 (U.S. StaL at Large, XVII., 6x). — Ed.
560 ACT TO ENFORCE FOURTEENTH AMENDMENT [April : c
No. 172. Act to enforce the Fourteenth
Amendment
April ao, 1871
A BILL to enforce the provisions of the fourteenth amendment was re-
ported in the House March 28, 1 871, by Samuel Shellabarger of Ohio, from
the select committee to which had been referred the President's message of
March 23 on the condition of affairs in the South. The bill formed the prin-
cipal subject of debate until April 6, when, with amendments, it passed the
House by a vote of 118 to 91, 18 not voting. The Senate added, among
others, an amendment offered by Sherman making counties, cities, parishes,
etc., liable for injuries done to any person by reason of his race or color, and
on the 14th passed the bill, the vote being 45 to 19, 6 not voting. The House,
by a vote of 45 to 132, 53 not voting, rejected the principal Senate amend-
ment, and also refused, by a vote of 74 to 106, 50 not voting, to agree to a re-
port of a conference committee retaining the objectionable section. A second
conference committee reported a compromise in the terms of section 6 of the
act. The report was agreed to April 19, in the House by a vote of 93 to 74,
63 not voting, and in the Senate by a vote of 36 to 13. A proclamation call-
ing attention to the act as one of "extraordinary public importance" was
issued May 3.
References. — Text in U.S. Statutes at Large, XVII., 13-15. For the
proceedings see the House and Senate Journais, 42d Cong., ist Sess., and the
Cong, Globe. The " Ku Klux" report is House Report 22 and Senate Report
41, 42d Cong., 2d Sess.
An Act to enforce the Provisions of the Fourteenth Amendment
to the Constitution of the United States, and for other Purposes.
Be it enacted . . . , That any person who, under color of any
law, statute, ordinance, regulation, custom, or usage of any
State, shall subject, or cause to be subjected, any person within
the jurisdiction of the United States to the deprivation of any
rights, privileges, or immunities secured by the Constitution of
the United States, shall, any such law, statute, ordinance, regu-
lation, custom, or usage of the State to the contrary notwith-
standing, be liable to the party mjured in any action at law, suit
in equity, or other proper proceeding for redress ; ' such proceed-
ing to be prosecuted in the several district or circuit courts of
the United States, with and subject to the same rights of appeal,
review upon error, and other remedies provided in like cases in
1871] ACT TO ENFORCE FOURTEENTH AMENDMENT 561
such courts, under the provisions of the . . . [Civil Rights
Act] . . . , and the other remedial laws of the United States
which are in their nature applicable in such cases.
Sec. 2. That if two or more persons within any State or
Territory of the United States shall conspire together to over-
throw, or to put down, or to destroy by force the government of
the United States, or to levy war against the United States, or
to oppose by force the authority of the government of the
United States, or by force, intimidation, or threat to prevent,
hinder, or delay the execution of any law of the United States, or
by force to seize, take, or possess any property of the United
States contrary to the authority thereof, or by force, intimida-
tion, or threat to prevent any person from accepting or holding
any oflftce or trust or place of confidence under the United
States, or from discharging the duties thereof, or by force, in-
timidation, or threat to induce any officer of the United States
to leave any State, district, or place where his duties as such
officer might lawfully be performed, or to injure him in his per-
son or property on account of his lawful discharge of the duties
of his office, or to injure his person while engaged in the lawful
discharge of the duties of his office, or to injure his property so
as to molest, interrupt, hinder, or impede him in the discharge
of his official duty, or by force, intimidation, or threat to deter
any party or witness in any court of the United States from at-
tending such court, or from testifying in any matter pending in
such court fully, freely, and truthfully, or to injure any such
party or witness in his person or property on account of his
having so attended or testified, or by force, intimidation, or
threat to influence the verdict, presentment, or indictment, of
any juror or grand juror in any court of the United States, or
to injure such juror in his person or property on account of any
verdict, presentment, or indictment lawfully assented to by him,
or on account of his being or having been such juror, or shall
conspire together, or go in disguise upon the public highway or
upon the premises of another for the purpose, either directly
or indirectly, of depriving any person or any class of persons
of the equal protection of the laws, or of equal privileges or im-
munities under the laws, or for the purpose of preventing or
hindering the constituted authorities of any State from giving
20
i
562 ACT TO ENFORCE FOURTEENTH AMENDMENT [April 20
or securing to all persons within such State the equal protection
of the laws, or shall conspire together for the purpose of in any
manner impeding, hindering, obstructing, or defeating the due
course of justice in any State or Territory, with intent to deny
to any citizen of the United States the due and equal protection
of the laws, or to injure any person in his person or his property
for lawfully enforcing the right of any person or class of persons
to the equal protection of the laws, or by force, intimidation, or
threat to prevent any citizen of the United States lawfully en-
titled to vote from giving his support or advocacy in a lawful
manner towards or in favor of the election of any lawfully quali-
fied person as an elector of President or Vice-President of the
United States, or as a member of the Congress of the United
States, or to injure any such citizen in his person or property on
account of such support or advocacy, each and every person so
offending shall be deemed guilty of a high crime, and, upon
conviction thereof in any district or circuit court of the United
States or district or supreme court of any Territory of the
United States having jurisdiction of similar offences, shall be
punished by a fine not less than five hundred nor more than
five thousand dollars, or by imprisonment, with or without hard
labor, as the court may determine, for a period of not less than
six months nor more than six years, as the court may determine,
or by both such fine and imprisonment as the court shall deter-
mine. . . .
Sec. 3. That in all cases where insurrection, domestic vio-
lence, unlawful combinations, or conspiracies in any State shall
so obstruct or hinder the execution of the laws thereof, and of
the United States, as to deprive any portion or class of the peo-
ple of such State of any of the rights, privileges, or immunities,
or protection, named in the Constitution and secured by this
act, and the constituted authorities of such State shall either
be unable to protect, or shall, from any cause, fail in or refuse
protection of the people in such rights, such facts shall be
deemed a denial by such State of the equal protection of the
laws to which they are entitled under the Constitution of the
United States; and in all such cases ... it shall be lawful for
the President, and it shall he his duty to take such measures, by
the employment of the militia or the land and naval forces of the
iSyi] ACT TO ENFORCE FOURTEENTH AMENDMENT 563
United States, or of either, or by other means, as he may deem
necessary for the suppression of such insurrection, domestic vio-
lence, or combinations. . . .
Sec. 4. That whenever in any State or part of a State the
unlawfid combinations named in the preceding section of this
act shall be organized and armed, and so numerous and power-
ful as to be able, by violence, to either overthrow or set at defi-
ance the constituted authorities of such State, and of the United
States within such State, or when the constituted authorities are
in complicity with, or shall connive at the unlawful purposes
of, such powerful and armed combinations; and whenever, by
reason of either or all of the causes aforesaid, the conviction
of such offenders and the preservation of the public safety shall
become in such district impracticable, in every such case such
combinations shall be deemed a rebellion against the govern-
ment of the United States, and during the continuance of such
rebellion, and within the limits of the district which shall be so
under the sway thereof, such limits to be prescribed by procla-
mation, it shall be lawful for the President of the United States,
when in his judgment the public safety shall require it, to sus-
pend the privileges of the writ of habeas corpus, to the end that
such rebellion may be overthrown: Provided, That all the pro-
visions of the second section of . . . [the Habeas Corpus Act of
Nlarch 3, 1863] . . . , which relate to the discharge of prisoners
other than prisoners of war, and to the penalty for refusing to
obey the order of the court, shall be in full force so far as the same
are applicable to the provisions of this section: Provided further,
That the Presideift shall first have made proclamation, as now
provided by law, commanding such insurgents to disperse:
And provided also, That the provisions of this section shall
not be in force after* the -end of the next regular session of
Congress.
Sec. 5. That no person shall be a grand or petit juror in
any court of the United States upon any inquiry, hearing, or
trial of any suit, proceeding, or prosecution based upon or aris-
ing under the provisions of this act who shall, in the judgment
of the court, be in complicity with any such combination or con-
spiracy; and every such juror shall, before entering upon any
such inquiry, hearing, or trial, take and subscribe an oath in
564
ACT REMOVING POLITICAL DISABILITIES [May 23
open court that he has never, directly or indirectly, counselled,
advised, or voluntarily aided any such combination or conspir-
acy. ...
No. 173. Act removing Political Disabili-
ties
May aa. zSya
May 13, 1872, the House having before it a number of bills for the removal
of the political disabilities of the persons named therein, the rules were sus-
pended, and a general bill for the removal of disabilities imposed by the
fourteenth amendment was introduced by Butler of Massachusetts, from the
Committee on the Judiciary, and passed. The Senate passed the bill on
the 2ist by a vote of 38 to 2. The debate was without special interest. The
disabilities not provided for by this act were removed by an act of June 6,
1898.
References. — Text in U.S. SiutuUs at Large ^ XVII., 142. For the pro-
ceedings see the House and Senate Journals^ 42d Cong., ist Sess., and the
Cong. Record,
An Act to remove political Disabilities imposed by the fourteenth
Article of tJu Amendments of the Constitution of the United
States,
Be it enacted . . . , (two-thirds of each house concurring
therein). That all political disabilities imposed by the third sec-
tion of the fourteenth article of amendments of the Constitution
of the United States are hereby removed from all persons whom-
soever, except Senators and Representatives of the thirty-sixth
and thirty-seventh Congresses, ofl&cers in the judicial, military,
and naval service of the United States, heads of departments, and
foreign ministers of the United States.
iSya] COINAGE ACT 565
No- 174. Coinage Act
Pebrumry la, 1873
The need of a revision of the laws relating to the mints, assay offices, and
ccMnage was suggested as early as 1866, and April 25, 1870, a report on the
subject, prepared by John Jay Knox, comptroller of the currency, was sub-
mitted to Congress, together with the draft of a bill. A bill in accordance
with this report was reported in the Senate December 19, 1870, by Sherman,
and passed that body January 10, 187 1. A substitute reported in the House
February 25 was recommitted. A second bill to the same effect was intn>-
duced in the House March 3, by William D. Kelley of Pennsylvania, and
referred to the Committee on Coinage, Weights, and Measures. The bill was
not reported until January 9, 1872, and the next day was recommitted. A bill
with similar title was reported February 9 by Hooper of Massachusetts, and
also recommitted. The latter bill was taken up April 9, and May 27 a substi-
tute offered by Hooper was passed under suspension of the rules. The Senate
referred the bill to the Committee on Finance, and the session closed without
further action. December 16 the bill was reported in the Senate, further
amendments being reported January 7, 1873. The bill was taken up on the
17th, and passed with amendments the same day. The final form of the bill
was the work of a conference committee. The omission of the standard sil-
ver dollar of 412^ grains from the list of coins led later to the chaige that the
act aimed to demonetize silver, and caused the advocates of silver to refer to
the act as the "crime of 1873." Only those sections of the act giving the
list of coins are inserted here.
References. — Text in U.S. Statutes at Large, XVII., 424-436, passim.
For the proceedings see the House and Senate Journals, 41st Cong., 3d Sess.,
and 42d Cong., and the Cong. Record; see also the Record, 53d Cong., ist
Sess., pp. 1 2 19-1224. Knox's report \s Senate Misc. Doc. 132, 41st Cong., 2d
Sess.; the correspondence connected with it is in House Exec. Doc. 307.
An Act revising and amending the Laws relative to the Mints,
Assay-offices y and Coinage of the United States,
♦ ♦♦♦♦♦♦♦
Sec. 14. That the gold coins of the United States shall be a
one-dollar piece, which, at the standard weight of twenty-five
and eight-tenths grains, shall be the unit of value ; a quarter-eagle,
or two-and-a-half dollar piece ; a three-dollar piece ; a half -eagle,
or five-dollar piece; an eagle, or ten-dollar piece; and a double
eagle, or twenty- dollar piec. • • • ; which coins shall be a legal
tender in all payments at their nominal value when not below the
standard weight and limit of tolerance provided in this act for the
566 RESUMPTION OF SPECIE PAYMENTS [Jui. 14
single piece, and, when reduced in weight, below said standard
and tolerance, shall be a legal tender at valuation in proportion
to their actual weight. . . .
Sec. 17. That the silver coins of the United States shall be a
trade-dollar, a half-dollar, or fifty-cent piece, ^ quarter-dollar, or
twenty-five-cent piece, a dime, or ten-cent piece; . . . and said
coins shall be a legal tender at their nominal value for any amount
not exceeding five dollars in any one payment.
Sec. 16. That the minor coins of the United States shall be
a five-cent piece, a three-cent piece, and a one-cent piece . . . ;
which coins shall be a legal tender, at their nominal value, for
any amount not exceeding twenty-five cents in any one pa3rment.
Sec. 17. That no coins, either of gold, silver, or minor coinage,
shall hereafter be issued from the mint other than those of the
denominations, standards, and weights herein set forth.
No. 175, Resumption of Specie Payments
January 14, 1875
One result of the financial crisis which began in September, 1873, was the
introduction, in the next session of Congress, of an extraordinary number of
bills relating to banks and the currency. A bill providing for the redemption
and reissue of United States notes, with gradual payment of the notes in coin
or bonds after January i, 1876, was reported in the Senate by Sherman
March 23, 1874, and passed that body April 6 and the House April 14, but
was vetoed by President Grant. A bill to provide for the resumption of
specie payments, prepared in the first instance by a committee of the Republi-
can members of Congress, and submitted by them to the Senate Committee on
Finance, was reported by Sherman December 21, and passed the Sen-
ate the next day by a vote of 32 to 14. The bill was taken up in the House
January 7, 1875, and passed the same day, the vote being 136 to 98, 54 not
voting. President Grant communicated his approval in a special mes-
sage to the Senate, in which further legislation to make the law eJBfective was
suggested.
References. — Text in U.S. Statutes at LargCy XVIII., 296. For the pro-
ceedings see the House and Senate Journals^ 43d Cong., 2d Sess., and the
Cong. Record. On resumption see Sherman, Recollections ^ I., chaps. 24-
26; II., chaps. 30 and 36; annual reports of the Secretary of the Treasury
(Sherman) for 1877-1879; House Misc. Doc. 48, 45th Cong., 2d Sesa.
iSjs] RESUMPTION OF SPECIK l'AVMi:\TS 5O;
An act to provide for the resumption of specie payments.
Be U enacted . . . , That the Secretary of the Treasury i<
hereby authorized and required, as ra[)idly as practicable, tc
cause to be coined at the mints of the United States, silver coins
of the denominations of ten, twenty-five, and fifty cents, of stand-
ard value, and to issue them in redemption of an equal numbei
and amount of fractional currency of similar denominations, or, al
his discretion, he may issue such silver coins through the mints
the subtreasuries, public depositaries, and post-offices of the
United States; and, upon such issue, he is hereby authorizec
and required to redeem an equal amount of such fractional cur-
rency, until the whole amount of such fractional currency out-
standing shall be redeemed.
Sec. 2. That so much of section ... [3524] .. . of the
Revised Statutes of the United States as provides for a charge oj
one-fifth of one per centum for converting standard gold bullior
into coin is hereby repealed, and hereafter no charge shall be made
for that service.
Sec. 3. That section . . . [5177] ... of the Revised Statute*
of the United States, limiting the aggregate amount of circulating
notes of national banking-associations, be, and is hereby, repealed
and each existing banking-association may increase its circulating
notes in accordance with existing law without respect to saic
aggregate limit; and new banking-associations may be organizec
in accordance with existing law without respect to said aggregate
limit; and the provisions of law for the withdrawal and redis
tribution of national-bank currency among the several States anc
Territories are hereby repealed. And whenever, and so often
as circulating-notes shall be issued to any such banking-associa
tion, so increasing its capital or circulating-notes, or so newl]
organized as aforesaid, it shall be the duty of the Secretary o:
the Treasury to redeem the legal-tender United States notes ir
excess only of three hundred million of dollars, to the amouni
of eighty per centum of the sum of national-bank notes so issuec
to any such banking-association as aforesaid, and to continue
such redemption as such circulating-notes are issued until then
shall be outstanding the sum of three hundred million dollar
of such legal-tender United States notes, and no more. And or
568 SECOND CIVIL RIGHTS ACT [March x
and after . . . [January i, 1879] . . . , the Secretary of the
Treasury shall redeem, in coin, the United States legal-tender
notes then outstanding on their presentation for redemption, at
the office of the assistant treasurer of the United States in the city
of New York,^ in sums of not less than fifty dollars. And to enable
the Secretary of the Treasury to prepare and provide for the
redemption in this act authorized or required, he is authorized
to use any surplus revenues, from time to time, in the Treasury
not otherwise appropriated, and to issue, sell, and dispose of,
at not less than par, in coin, either of the descriptions of bonds
of the United States described in the . . . [Funding Act of July
14, 1870] . . . , with like qualities, privileges, and exemptions,
to the extent necessary to carry this act into full effect, and to
use the proceeds thereof for the purposes aforesaid. • . •
No. 176. Second Civil Rights Act
March z, 1875
An amendment offered by Sumner to the amnesty act of May 22, 1873
[No. 1 73], forbidding discrimination against negroes in certain public places
and elsewhere, was lost by a vote of 39 to 30. A bill of similar purport was
called up in the Senate December 11, 1872, and passed over. Another bill
passed the Senate April 30, 1873, but failed in the House. A third bill was
introduced in the House December 18, by Butler of Massachusetts, from the
Committee on the Judiciary, and January 7, 1874, was recommitted. A fourth
civil rights bill passed the Senate May 22, but was not acted on by the House.
A substitute for Butler's bill was reported December 16, and February 4, 1875,
passed the House with amendments, the vote being 162 to 100, 27 not voting.
The bill was reported in the Senate on the 15th without amendment, and
passed the same day by a vote of 38 to 26.
References. — Texi in U.S. Statutes at Large, XVIII., 335-337. For
the proceedings see the House and Senate Joumals, 43d Cong., 2d Sess., and
the Cong. Record,
An act to protect all citizens in their dvil and legal rights.
Whereas, it is essential to just government we recognize the
equality of all men before the law, and hold that it is the duty of
government in its dealings with the people to mete out equal and
> An act of March 3, 1887, chap. 378, added San Francisco. — Ed.
i«75J SECOND CnTL RIGHTS ACT 5^9
end justice to iD, of whateicr nathitr, ra«, color, or persuasion,
id^jKNis or political; and It bong the appropriate object of legi^•
latioD to enact great fundamental priiKiple> ir.to law: Ther^jfor^,
Be ii etiacted . . . , That all persons \%-ithin the juriMiiction of
the United States shall hftnihled to the full and equal enjoyment
of the accommodatioDs, adfantages, facilities, and priWlep?s of
inns, puUic coave]rances on land or water, theaters, and other
places <rf puhlic amusement; subject only to the conditions and
limitations established by law, and applicable alike to citizens of
every race and coIcm-, regardless of any previous condition of
servitude.
Sec. 2. That any person who shall \-iolate the foregoing section
by denying to any dtizen, except for reasons by law applicable to
citizens of every race and coldr, and regardless of any previous
condition of servitude, the full enjoyment of any of the accommv>-
dations, advantagK^facilities, or privileges in said section enu-
merated, or by aiding or inciting such denial, shall, for everv* such
offense, forfeit and pay the sum of five hundred dollars to the
person aggrieved -tjjereby, to be recovered in an action of debt,
with fidl costs; and shall also, for everv such offense, Ix? deemed
guilty of a mi^roeanor, and, upon conviction thereof, shall be
fined not less Ihan five hundred nor more than one thousand dol-
lars, or shall be imprisoned not less than thirty da}'s nor more
than one year . . .
Sec. 3. That the district and circuit courts of the United
States shall have, exclusively of the courts of the several States,
cognizance of all crimes and offenses against, and violations of,
the provisions of this act . . .
Sec. 4. That no citizen possessing all other qualifications vvhicli
are or may be prescribed by law shall be disqualified for service
as grand or petit juror in any court of the United States, or of
any State, on account of race, color, or previous condition of servi-
tude; and any officer or other person charged with any duty in
the selection or summoning of jurors who shall exclude or fail to
summon any citizen for the cause aforesaid shall, on conviction
thereof, be deemed guilty of a misdemeanor, and be fined not
more than five thousand dollars.
570 ELECTORAL COUNT ACT [Jan. 29
No. 177. Electoral Count Act
January ag, 1877
The result of the presidential election of 1876 turned on the counting of
the electoral votes of South Carolina, Florida, Louisiana, and Oregon, from
each of which States there were double returns. December 7, 1876, George
W. McCrary of Iowa offered in the House a resolution for the appointment of
a committee of five, to act with a similar committee of the Senate, with instruc-
tions to report a bill for the counting of the electoral vote. The Committee
on the Judiciary, to which the resolution was referred, reported on the 14th a
substitute increasing the number of meftibers to seven, which resolution was
agreed to. A similar comihittee of seven was appointed by the Senate
on the i8th. A committee was also appointed in the Senate to investi-
gate the recent election, and in the House to inquire into the powers of
the House in regard to counting the electoral vote. January 18 the joint com-
mittee reported a bill to regulate the electoral count. The bill passed the
Senate without amendment on the 24th by a vote of 47 to 17, and the House
on the 26th by a vote of 191 to 86, 14 not voting. The approval of President
Grant was communicated in a special message. The count began February i ,
and the result was announced in the early morning of March 2. The result
of the count showed 185 votes for Hayes and Wheeler, the Republican candi-
dates, and 184 votes for Tilden and Hendricks, the Democratic candidates.
References. — Text in U.S. Statutes at Large^ XIX., 227-229. For the
proceedings see the House and Senate Journals, 44th Cong., 2d Sess., and the
Cong. Record. The report of the commission is in the Record, ibid., Vol. $,
Part IV.; it was also published separately. A large amount of documentary
evidence was introduced in the debates. The other documentary literature is
extensive.
An act to provide for and regulate the counting of votes for President and
Vice-President, and the decision of questions arising thereon, for the term
commencing . . . [March 4, 1877].
Be it enacted . . . , That the Senate and House of Representa-
tives shall meet in the hall of the House of Representatives, at the
hour of one o'clock post meridian, on the first Thursday in Feb-
ruary, . . . [1877]; and the President of the Senate shall be their
presiding ofl&cer. Two tellers shall be previously appointed on
the part of the Senate, and two on the part of the House of Repre-
sentatives, to whom shall be handed, as they are opened by the
President of the Senate, all the certificates, and papers purporting
to be certificates, of the electoral votes, which certificates and
papers shall be opened, presented, and acted upon in the alpha-
i877] ELECTORAL COUNT ACT 57 1
betical order of the States, beginning with the letter A; and said
tellers having then read the same in the presence and hearing of
the two houses, shall make a list of the votes as they shall appear
from the said certificates ; and the votes having been ascertained
and counted as in this act provided, the result of the same shall
be delivered to the President of the Senate, who shall thereupon
announce the state of the vote, and the names of the persons,
if any, elected, which announcement shall be deemed a sufficient
declaration of the persons elected President and Vice-President
of the United States, and, together with a list of the votes, be
entered on the journals of the two houses. Upon such reading
of any such certificate or paper when there shall be only one return
from a State, the President of the Senate shall call for objections,
if any. Every objection shall be made in writing, and shall state
dearly and concisely, and without argument, the ground thereof,
and shall be signed by at least one Senator and one member of
the House of Representatives before the same shall be received.
When all objections so made to any vote or paper from a State
shall have been received and read, the Senate shall thereupon
withdraw, and such objections shall be submitted to the Senate
for its decision ; and the Speaker of the House of Representatives
shall, in like manner, submit such objections to the House of
Representatives for its decision; and no electoral vote or votes
from any State from which but one return has been received shall
be rejected except by the affirmative vote of the two Houses.
When the two Houses have voted, they shall immediately again
meet, and the presiding officer shall then announce the decision
of the question submitted.
Sec. 2. That if more than one return, or paper purporting to
be a return from a State, shall have been received by the Presi-
dent of the Senate, purporting to be the certificates of electoral
votes given at the last preceding election for President and Vice-
President in such State, (unless they shall be duplicates of the
same return,) all such returns and papers shall be opened by him
in the presence of the two Houses when met as aforesaid, and read
by the tellers, and all such returns and papers shall thereupon be
submitted to the judgment and decision as to which is the true
and lawful electoral vote of such State, of a commission consti-
tuted as follows, namely: During the session of each House on
572 ELECTORAL COUNT ACT [Jan. ag
the Tuesday next preceding the first Thursday in February . . .
[1877] . . . , each House shall, by viva voce vote, appoint five
of its members, who with the five associate justices of the Supreme
Court of the United States, to be ascertained as hereinafter pro-
vided, shall constitute a commission for the decision of all questions
upon or in respect of such double returns named in this section.
On the Tuesday next preceding the first Thursday in February
. . . [1877] . . . , or as soon thereafter as may be, the associate
justices of the Supreme Court of the United States now assigned
to the first, third, eighth, and ninth circuits shall select, in such
manner as a majority of them shall deem fit, another of the as-
sociate justices of said court, which five persons shall be members
of said commission ; and the person longest in commission of said
five justices shall be the president of said commission. . . .
All the certificates and papers purporting to be certificates of the
electoral votes of each State shall be opened, in the alphabetical
order of the States, as provided in section one of this act; and
when there shall be more than one such certificate or paper, as
the certificates and papers from such State shall so be opened,
(excepting duplicates of the same return,) they shall be read by
the tellers, and thereupon the President of the Senate shall call
for objections, if any. Every objection shall be made in writing,
and shall state clearly and concisely, and without argument, the
ground thereof, and shall be signed by at least one Senator and
one member of the House of Representatives before the same
shall be received. When all such objections so made to any
certificate, vote, or paper from a State shall have been received
and read, all such certificates, votes, and papers so objected to,
and all papers accompanying the same, together with such ob-
jections, shall be forthwith submitted to said commission, which
shall proceed to consider the same, with the same powers, if any,
now possessed for that purpose by the two Houses acting separately
or together, and, by a majority of votes, decide whether any and
what votes from such State are the votes provided for by the Con-
stitution of the United States, and how many and what persons
were duly appointed electors in such State, and may therein take
into view such petitions, depositions, and other papers, if any,
as shall, by the Constitution and now existing law, be competent
and pertinent in such consideration; which decision shall be
1877] COINAGE OF STANDARD SILVER DOLLAR 573
made in writing, stating briefly the ground thereof, and signed
by the members of said commission agreeing therein ; whereupon
the two houses shall again meet, and such decision shall be read
and entered in the journal of each House, and the counting of
the votes shall proceed in conformity therewith, unless, upon
objection made thereto in writing by at least five Senators and
five members of the House of Representatives, the two Houses
shall separately concur in ordering otherwise, in which case such
concurrent order shall govern. No votes or papers from any
other State shall be acted upon until the objections previously
made to the votes or papers from any State shall have been finally
disposed of.
« « «.♦ ♦ ♦ * ♦
Sec. 6. That nothing in this act shall be held to impair or
affect any right now existing under the Constitution and laws to
question, by proceeding in the judicial courts of the United States,
the right or title of the person who shall be declared elected, or
who shall claim to be President or Vice-President of the United
States, if any such right exists.
No. 178. Coinage of the Standard Silver
Dollar
February a8, 1878
The coinage act of February 12, 1873 [No. .174], omitted the silver dol-
lar from the list of pieces thereafter to be coined, but retained the trade dol-
lar. A bill to provide for the free and unlimited coinage of silver dollars was
introduced in the House December 13, 1876, by Richard P. Bland of Mis-
souri, as a substitute for a bill "to utilize the products of gold and silver
mines," introduced June 3. The bill passed the House the same day by a
vote of 167 to 53, 69 not voting. In the Senate the bill was referred to the
Committee on Finance, which reported it January 16, 1877, without recom-
mendation, pending the report of the silver commission. November 5, by a
vote of 164 to 34, 93 not voting, the rules were suspended to allow Bland to
introduce and the House to pass a free coinage bill.^ The bill was taken up
^ ''The previous question being ordered and the rules suspended, a single vote
would introduce the bill without a reference to a committee, and would pass it
574 COINAGE OF STANDARD SILVER DOLLAR [Feb. 28
in the Senate January 28 and debated until February 15. The Senate added
sections 2 and 3 of the act, the provisos of section i, and, on motion of Wil-
Kam B. Allison of Iowa, the limitation on the amount of coinage, the vote on
the latter amendment being 49 to 22. The final vote in the Senate was 48 to
21, 7 not voting. February 21 the House concurred in the Senate amend-
ments. On the 28th the bill was vetoed by President Hayes, but was passed
over the veto, in the House by a vote of 196 to 73, 23 not voting; in the
Senate by a vote of 46 to 19, 1 1 not voting. The coinage provision of the act
was repealed by section 5 of the act of July 14, 1890 [No. 182, post].
References. — Text in U.S, StatuUs at Large, XX., 25, 26. For the
proceedings see the House and Senate Journals, 45th Cong., 2d Sess., and the
Cong. Record. See House Misc. Doc. 27; Senate Exec. Doc. 3, 50th Cong.,
2d Sess.; Sherman, Recollections, II., chaps. 31 and 32, and annual report as
Secretary of the Treasury, December, 1877.
An act to authorize the coinage of the standard silver dollar, and to restore
its legal-tender character.
Be U enacted . . . , That there shall be coined, at the several
mints of the United States, silver dollars of the weight of four
hundred and twelve and a half grains Troy of standard silver, as
provided in the act of . . . [January 18, 1837] . . . , on which
shall be the devices and superscriptions provided by said act;
which coins together with all silver dollars heretofore- coined by the
United States, of like weight and fineness, shall be a legal tender,
at their nominal value, for all debts and dues public and private,
except where otherwise expressly stipulated in the contract.
And the Secretary of the Treasury is authorized and directed to
purchase, from time to time, silver bullion, at the market price
thereof, not less than two million dollars worth per month, nor
more than four million dollars worth per month, and cause the
same to be coined monthly, as fast as so purchased, into such
dollars. . . . And any gain or seigniorage arising from this
coinage shall be accounted for and paid into the Treasury, as
provided under existing laws relative to the subsidiary coinage:
Provided, That the amount of money at any one time invested
in such silver bullion, exclusive of such resulting coin, shall not
exceed five million dollars. . . .
Sec. 2. That immediately after the passage of this act, the Presi-
dent shall invite the governments of the countries composing the
without any power of amendment, without the usual reading at three separate
times." (Sherman, Recollections, II., 603.)
i87«J CIVIL SERVICE ACT 575
Latin Union, so-called, and of such other European nations as he
may deem advisable, to join the United States in a conference to
adopt a common ratio between gold and silver, for the purpose of
establishing, internationally, the use of bi-mctallic money, and
securing fixity of relative value between those metals; such con-
ference to be held at such place, in Europe or in the United States,
at such time within six months, as may be mutually agreed upon
by the executives of the governments joining in the same, whenever
the governments so invited, or any three of them, shall have signi-
fied their willingness to unite in the same.
The President shall, by and with the advice and consent of the
Senate, appoint three commissioners, who shall attend such con-
ference on behalf of the United States, and shall report the doings
thereof to the President, who shall transmit the same to Congress.
Sec. 3. That any holder of the coin authorized by this act may
deposit the same with the Treasurer or any assistant treasurer of
the United States, in sums not less than ten dollars, and receive
therefor certificates of not less than ten dollars each, corresponding
with the denominations of the United States notes. The coin de-
posited for or representing the certificates shall be retained ip the
Treasury for the payment of the same on demand. Said certifi-
cates shall be receivable for customs, taxes, and all public dues,
and, when so received, may be reissued.
No. 179. Civil Service Act
January 16, 1883
In his annual message of December 5, 1870, President Grant urged the
attention of Congress to '* a refonn in the civil service of the country." In
accordance with this recommendation, the sundry civil appropriation act of
March 3, 1871, authorized the President to prescribe regulations for admis-
sion to the civil service. A civil service commission was appointed, and for
two years appropriations were made for its support. The continuance of the
appropriations was urged by Grant, and again by President Hayes in his an-
nual messages of 1879 and 1880, but without inducing congressional action.
The assassination of President Garfield called public attention forcibly to tha
576 CIVIL SERVICE ACT [Jan. i6
evils pf the existing system of appointment and removal, and the annual mes-
sage of President Arthur, December 6, 1881, brought the subject of civil
service reform strongly before Congress. A bill "to regulate and improve
the civil service'* was introduced in the Senate December 6, 1881, by George
H. P«*nHl^t^p nf Ohift, and on January 11, 1882, was referred, together with
a bill " to prevent extortion from persons in the public service, and bribery
and coercion by such persons," to the Committee on the Civil Service and
Retrenchment. The bill was reported with amendments March 29, the com-
mittee report to accompany it not being submitted until May 15. The
session .closed without further action. The Pendleton bill was taken up
December 11 and formed the principal subject of debate until the 27th,
when, with various amendments, it passed the Senate by a vote of 38 to 5,
33 not voting. The bill was reported in the House without amendment Jan-
uary 4, 1883, read three times and passed, the final vote being 155 to 46, 88
not voting.
References. — Text in U.S. Statutes at Large, XXII., 403-407. For the
proceedings see the House and Senate Journals^ 47th Cong., ist and 2d Sess.,
and the Cong. Record. Pendleton's report of May 15 in Senate Report 576.
The annual reports of the Civil Service Commission arc the primary authori-
ties on the operation of the act; see also the Prouedings of the National Civil
Service Reform League. The pamphlet and periodical literature is extensive.
On the earlier history of the movement see House Report 47, 40th Cong., 2d
Sess. (Jenckes's report); Senate Exec. Doc. 10, 42(i Cong., 2d Sess., and
Senate Exec. Doc. 53 (same in House Exec. Doc. 221), 43d Cong., ist Sess.
(commission reports) ; Senate Report 289, 44th Cong., ist Sess. (Boutwell's
report); House Exec. Doc. i. Part i, 46th Cong., 2d Sess. (Eaton's report);
House Exec. Doc. i, Part 8, ibid., and House Exec. Doc. 94, 46th Cor';., 3d
Sess. (New York regulations); Senate Report 872, 46th Cong., 3d Sess.
(Pendleton's report). See also Senate Report 2373, 50th Cong., ist Sess.
An act to regulate and improve the civil service of the United States.
Be it enacted . . . , That the President is authorized to appoint,
by and with the advice and consent of the Senate, three persons,
not more than two of whom shall be adherents of the same party,
as Civil Service -Commissioners, and said three commissioners
shall constitute the United States Civil Service Commission. Said
commissioners shall hold no other official place under the United
States.
Sec. 2. That it shall be the duty of said commissioners:
First. To aid the President, as he may request, in preparing
suitable rules for carrying this act into effect, and when said rules
shall have been promulgated it shall be the duty of all officers
of the United States in the departments and offices to which any
1883I CIVIL SERVICE ACT 577
such rules may relate to aid, in all proper ways, in carrying said
rules, and any modifications thereof, into eCFect.
Second. And, among other things, said rules shall provide and
declare, as nearly as the conditions of good administration will
warrant, as follows:
First, for open, competitive examinations for testing the fitness
of applicants for the public service now classified or to be classi-
fied hereunder. Such examinations shall be practical in their
character, and so far as may be shall relate to those matters which
will fairly test the relative capacity and fitness of the persons
examined to discharge the duties of the service into which they
seek to be appointed.
Second, that all the offices, places, and employments so arranged
or to be arranged in classes shall be filled by selections according
to grade from among those graded highest as the results of such
competitive examinations.
Third, appointments to the public service aforesaid in the de-
partments at Washington shall be apportioned among the several
States and Territories and the District of Columbia upon the
basis of population as ascertained at the last preceding census. . . .
Fourth, that there shall be a period of probation before any
absolute appointment or employment aforesaid.
Fifth, that no person in the public service is for that reason
under any obligations to contribute to any political fund, or to
render any political service, and that he will not be removed or
otherwise prejudiced for refusing to do so.
Sixth, that no person in said service has any right to use his
official authority or influence to coerce the political action of any
person or body.
Seventh, there shall bq non-competitive examinations in all
proper cases before the commission, when competent persons do
not compete, after notice has been given of the existence of the
vacancy, under such rules as may be prescribed by the commis-
sioners as to the manner of giving notice.
Eighth, that notice shall be given in writing by the appointing
power to said commission of the persons selected for appointment
or employment from among those who have been examined, of
the place of residence of such persons, of the rejection of any
such persons after probation, of transfers, resignations, and re-
2P
578 CIVIL SERVICE ACT [Jan. i6
movals, and of the date thereof, and a record of the same shall
be kept by said commission. ...
Third. Said commission shall, subject to the rules that may be
made by the President, make regulations for, and have control of,
such examinations, and, through its members or the examiners,
it shall supervise and preserve the records of the same . . .
Fourth. Said commission may make investigations concerning
the facts, and may report upon all matters touching the enforce-
ment and effects of said rules and regulations, and concerning
the action of any examiner or board of examiners hereinafter
(M'ovided for, and its own subordinates, and those in the public
service, in respect to the execution of this act.
Fifth. Said commission shall make an annual report to the
President for transmission to Congress, showing its own action,
the rules and regulations and the exceptions thereto in force,
the practical effects thereof, and any suggestions it may approve
for the more effectual accomplishment of the purposes of this act.
Sec. 3. That said commission is authorized to employ a chief
examiner, a part of whose duty it shall be, under its direction, to
act with the examining boards, so far as practicable, whether at
Washington or elsewhere, and to secure accuracy, uniformity, and
justice in all their proceedings, which shall be at all times open
to him. . . . The commission shall, at Washington, and in one
or more places in each State and Territory where examinations
are to take place, designate and select a suitable number of persons,
not less than three, in the official service of the United States,
residing in said State or Territory, after consulting the head of the
department or office in which such persons serve, to be members
of boards of examiners. . . . Such boards of examiners shall be
so located as to make it reasonably convenient and inexpensive
for applicants to attend before them ; and where there are persons
to be examined in any State or Territory, examinations shall be
held therein at least twice in each year. It shall be the duty of the
collector, postmaster, and other officers of the United States, at
any place outside of the District of Columbia where examinations
are directed by the President or by said board to be held, to allow
the reasonable use of the public buildings for holding such ex-
aminations, and in all proper ways to facilitate the same.
1883] CIVIL SERVICE ACT 579
Sec. 6. That within sixty days after the passage of this act it
shall be the duty of the Secretary of the Treasury, in as near con-
formity as may be to the classification of certain clerks now exist-
ing under . . . [Section 163] ... of the Revised Statutes, to
arrange in classes the several clerks and persons employed by the
collector, naval ofl&cer, surveyor, and appraisers, or either of them,
or being in the public service, at their respective ofl&ces in each
customs district where the whole number of said clerks and persons
shall be all together as many as fifty. And thereafter, from time
to time, on the direction of the President, said Secretary shall make
the like classification or arrangement of clerks and p>ersons so
employed, in connection with any said ofl&ce or offices, in any other
customs district. And, upon like request, and for the purposes
of this act, said Secretary shall arrange in one or more of said
classes, or of existing classes, any other clerks, agents, or f)ersons
employed under his department in any said district not now
classified; and every such arrangement and classification upon
being made shall be reported to the President.
Second. Within said sixty days it shall be the duty of the Post-
master-General, in general conformity to said . . . [Section
163] . . . , to separately arrange in classes the several clerks
and f)ersons employed, or in the public service, at each post-office,
or under any postmaster of the United States, where the whole
number of said clerks and persons shall together amount to as
many as fifty. And thereafter, from time to time, on the direction
of the President, it shall be the duty of the Postmaster-General
to arrange in like classes the clerks and persons so employed in
the postal service in connection with any other post-office; and
every such arrangement and classification upon being made shall
be reported to the President.
Third. That from time to time said Secretary, the Postmaster-
General, and each of the heads of departments mentioned in . . .
[Section 158] ... of the Revised Statutes, and each head of an
office, shall, on the direction of the President, and for facilitating
the execution of this act, respectively revise any then existing
classification or arrangement of those in their respective depart-
ments and offices, and shall, for the purposes of the examination
herein provided for, include in one or more of such classes, so far
as practicable, subordinate places, clerks, and officers in the public
580 CIVIL SERVICE ACT [Jan. 16
service pertaining to their respective departments not before classi-
fied for examination.
Sec. 7. That after the expiration of six months from the pas-
sage of this act no officer or clerk shall be appointed, and no per-
son shall be employed to enter or be promoted in either of the
said classes now existing, or that may be arranged hereunder piir-
suant to said rules, until he has passed an examination, or is shown
to be specially exempted from such examination in conformity
herewith. But nothing herein contained shall be construed to
take from those honorably discharged from the military or naval
service any preference conferred by . . . [Section 1754] . . .of
the Revised Statutes, nor to take from the President any authority
not inconsistent with this act conferred by . . . [Section 1753]
. . . of said statutes; nor shall any officer not in the executive
branch of the government, or any person merely employed as a
laborer or workman, be required to be classified hereunder; nor,
unless by direction of the Senate, shall any p>erson who has been
nominated for confirmation by the Senate be required to be classi-
fied or to pass an examination.
Sec. 8. That no person habitually using intoxicating beverages
to excess shall be appointed to, or retained in, any office, appoint-
ment, or employment to which the provisions of this act are
applicable.
Sec. 9. That whenever there are already two or more members
of a family in the public service in the grades covered by this act,
no other member of such family shall be eligible to appointment
to any of said grades.
Sec. id. That no recommendation of any person who shall
apply for office or place under the provisions of this act which
may be given by any Senator or member of the House of Repre-
sentatives, except as to the character or residence of the applicant,
shall be received or considered by any f)erson concerned in making
any examination or appointment under this act.
Sec. II. That no Senator, or Representative, or Territorial
Delegate of the Congress, or Senator, Representative, or Dele-
gate elect, or any officer or employee of either of said houses,
and no executive, judicial, military, or naval officer of the United
States, and no clerk or employee of any department, branch or
bureau of the executive, judicial, or military or naval service of
1883] INTERSTATE COMMERCE ACT 581
the United States, shall, directly or indirectly, solicit or receive,
or be in any manner concerned in soliciting or receiving, any
assessment, subscription, or contribution for any political purpose
whatever, from any officer, clerk, or employee of the United States,
or any department, branch, or bureau thereof, or from any jjerson
receiving any salary or compensation from moneys derived from
the Treasury of the United States.
Sec. 12. That no person shall, in any room or building occu-
pied in the discharge of official duties by any officer or employee
of the United States mentioned in this act, or in any navy-yard,
fort, or arsenal, solicit in any manner whatever, or receive any con-
tribution of money or any other thing of value for any political
purpose whatever.
No. 180. Interstate Commerce Act
February 4, 1887
A BILL to regulate interstate commerce was reported in the Senate Janu-
ary 18, 1886, by Shelhit '^. gullom of Illinois, from the select committee
appointed **to investigate and report on the subject of regulating the trans-
portation of freights and passengers between the several States by railroads
and water routes." Accompanying the bill was a voluminous report. The
bill was recommitted, and a substitute reported February 16. The bill was
taken up April 14, and formed one of the principal subjects of debate until
May 12, when, with numerous amendments, the bill passed, the final vote
being 47 to 4, 25 not voting. A substitute was reported in the House
May 22. The bill was taken up July 21, and on the 30th the amended
substitute passed the House by a vote of 192 to 41, 89 not voting. The
session closed without further action beyond the appointment of a conference
committee. The report of the committee was submitted December 15, and
was accepted by the Senate January 14, 1887, by a vote of 43 to 15, and by
the House January 21, by a vote of 219 to 41, 58 not voting. Extensive
amendments to the act were made by an act of March 2, 1889. The scope
of the commission, and its authority to compel testimony, were further de-
fined by an act of February 10, 189 1. An act of February 11, 1893, provided
that no person should be excused from testifying before the commission, or
from producing papers, etc., on the ground that such evidence would tend to
incriminate him; but such witnesses were exempted from prosecution or
penalty on account of acts concerning which they were required to give
evidence.
582 INTERSTATE COMMERCE ACT [Feb. 4
References. — Text in U.S. Statutes at Larger XXIV., 379-387. For the
proceedings see the House and Senate Journals, 49th Cong., ist and 2d Sess.,
and the Cong. Record. The text of the House bill is in the Record, July 30.
Cullom's report of January 18, 1886, is Senate Report 46, 49th Cong., ist
Sess. The annual reports of the Interstate Commerce Commission, and the
debates in Congress on the amendatory acts, are the principal authorities for
the workings of the statute. For decisions under the act to 1904 see Gould
and Tucker, Notes on the Revised Statutes, II., 61S-621; III., 704-706.
An act to regulate commerce.
Be it enacted . . . , That the provisions of this act shall apply
to any common carrier or carriers engaged in the transportation
of passengers or property wholly by railroad, or partly by railroad
and partly by water when both are used, under a common control,
management, or arrangement, for a continuous carriage or ship-
ment, from one State or Territory of the United States, or the Dis-
trict of Columbia, to any other State or Territory of the United
States, or the District of Columbia, or from any place in the United
States to an adjacent foreign country, or from any place in the
United States through a foreign country to any other place in the
United States, and also to the transportation in like manner of
property shipped from any place in the United States to a foreign
country and carried from such place to a port of transshipment,
or shipped from a foreign country to any place in the United
States and carried to such place from a port of entry either in the
United States or an adjacent foreign country: Provided^ however^
That the provisions of this act shall not apply to the transporta-
tion of passengers or property, or to the receiving, delivering,
storage, or handling of property, wholly within one State, and
not shipped to or from a foreign country from or to any State
or Territory as aforesaid.
The term ** railroad" as used in this act shall include all bridges
and ferries used or operated in connection with any railroad, and
also all the road in use by any corporation operating a railroad,
whether owned or operated under a contract, agreement, or lease ;
and the term ** transportation'' shall include all instrumentalities
of shipment or carriage.
All charges made for any service rendered or to be rendered in
the transportation of passengers or property as aforesaid, or in
connection therewith, or for the receiving, delivering, storage, or
iSS;] INTERSTATE COMMERCE ACT 583
handling of such property, shall be reasonable and just; and
every unjust and unreasonable charge for such service is prohibited
and declared to be unlawful.
Sec. 2. That if any common carrier subject to the provisions of
this act shall, directly or indirectly, by any special rate, rebate,
drawback, or other device, charge, demand, collect, or receive
from any person or persons a greater or less compensation for
any service rendered, or to be rendered, in the transportation of
passengers or property, subject to the provisions of this act, than
it charges, demands, collects, or receives from any other person
or persons for doing for him or them a like and contemporaneous
service in the transportation of a like kind of traffic under sub-
stantially similar circumstances and conditions, such common
carrier shall be deemed guilty of unjust discrimination, which is
hereby prohibited and declared to be unlawful.
Sec. 3. That it shall be unlawful for any common carrier sub-
ject to the provisions of this act to make or give any undue or
unreasonable preference or advantage to any particular person,
company, firm, corporation, or locality, or any particular descrip-
tion of traffic, in any respect whatsoever, or to subject any particu-
lar person, company, firm, corporation, or locality, or any particular
description of traffic, to any undue or unreasonable prejudice or
disadvantage in any respect whatsoever.
Every common carrier subject to the provisions of this act
shall, according to their respective powers, afford all reasonable,
proper, and equal facUities for the interchange of traffic between
their respective lines, and for the receiving, forwarding, and de-
livering of passengers and property to and from their several
lines and those connecting therewith, and shall not discriminate
in their rates and charges between such connecting lines; but
this shall not be construed as requiring any such common carrier
to give the use of its tracks or terminal facUities to another carrier
engaged in like business.
Sec. 4. That it shall be unlawful for any common carrier sub-
ject to the provisions of this act to charge or receive any greater
compensation in the aggregate for the transportation of passengers
or of like kind of property, under substantially similar circum-
stances and conditions, for a shorter than for a longer distance
over the same line, in the same direction, the shorter being in-
584 INTERSTATE COMMERCE ACT [Feb. 4
eluded within the longer distance ; but this shall not be construed
as authorizing any common carrier within the terms of this act to
charge and receive as great compensation for a shorter as for a
longer distance : Providedy Jwwevefy That upon application to the
Commission appointed under the provisions of this act, such com-
mon carrier may, in special cases, after investigation by the Com-
mission, be authorized to charge less for longer than for shorter
distances for the transportation of passengers or property; and
the Commission may from time to time prescribe the extent to
which such designated common carrier may be relieved from the
operation of this section of this act.
Sec. 5. That it shall be unlawful for any common carrier sub-
ject to the provisions of this act to enter into any contract, agree-
ment, or combination with any other common carrier or carriers
for the pooling of freights of different and competing railroads, or
to divide between them the aggregate or net proceeds of the
earnings of such railroads, or any portion thereof; and in any
case of an agreement for the pooling of freights as aforesaid, each
day of its continuance shall be deemed a separate offense.
Sec. 6. That every common carrier subject to the provisions
of this act shall print and keep for public inspection schedules
showing the rates and fares and charges for the transportation
of passengers and property which any such common carrier has
established and which are in force at the time upon its railroad, as
defined by the first section of this act. The schedules printed as
aforesaid by any such common carrier shall plainly state the places
upon its railroad between which property and passengers will be
carried, and shall contain the classification of freight in force upon
such railroad, and shall also state separately the terminal charge
and any rules or regulations which in any wise change, affect, or
determine any part or the aggregate of such aforesaid rates and
fares and charges. Such schedules shall be plainly printed in
large type, . . . and copies for the use of the public shall be kept
in every depot or station upon any such railroad, in such places
and in such form that they can be conveniently inspected.
No advance shall be made in the rates, fares, and charges
which have been established and published as aforesaid by any
common carrier in compliance with the requirements of this sec-
I
iSS;! INTHRSTATE (( )MMi:RrK ACT 5S:
tion, except after ten days' public notice, which shall plainly stat(
the changes proposed to be made in the schedule then in force
and the time when the increased rates, fares, or charges will g(
into effect. . . . Reductions in such published rates, fares, o:
charges may be made without previous public notice; but when
ever any such reduction is made, notice of the same shall imme
diateiy be publicly posted. . . .
And when any such common carrier shall have established an(
published its rates, fares, and charges in compliance with the pro
visions of this section, it shall be unlawful for such common carrie
to charge, demand, collect, or receive from any person or person
a greater or less compensation for the transportation of passenger
or property, or for any services in connection therewith, than i
specified in such published schedule of rates, fares, and charges a
may at the time be in force.
Every common carrier subject to the provisions of this act shal
file with the Commission hereinafter provided for copies of it
schedules of rates, fares, and charges which have been establishe<
and published in compliance with the requirements of this section
and shall prompdy notify said Commission of all changes made ii
the same. Every such common carrier shall also file with sai(
Commission copies of all contracts, agreements, or arrangement
with other common carriers in relation to any traffic affected b;
the provisions of this act to which it may be a party. And ii
cases where passengers and freight pass over continuous lines o
routes operated by more than one common carrier, and the severa
common carriers operating such lines or routes establish join
tariffs of rates or fares or charges for such continuous lines o
routes, copies of such joint tariffs shall also, in like manner, b
filed with said Commission. ...
Sec. 7. That it shall be unlawful for any common carrier subjec
to the provisions of this act to enter into any combination, contract
or agreement, expressed or implied, to prevent, by chaAge of tim<
schedule, carriage in different cars, or by other means or devices
the carriage of freights from being continuous from the place o
shipment to the place of destination ; and no break of bulk, stop
page, or interruption made by such common carrier shall preven
the carriage of freights from being and being treated as one con
586 INTERSTATE COMMERCE ACT [Feb. 4
tinuous carriage from the place of shipment to the place of desti-
nation, unless such break, stoppage, or interruption was made in
good faith for some necessary purpose, and without any intent to
avoid or unnecessarily interrupt such continuous carriage or to
evade any of the provisions of this act.
Sec. 8. That in case any common carrier subject to the pro-
visions of this act shall do, cause to be done, or permit to be done
any act, matter, or thing in this act prohibited or declared to be
unlawful, or shall omit to do any act, matter, or thing in this act
required to be done, such conunon carrier shall be liable to the
person or persons injured thereby for the full amount of damages
sustained in consequence of any such violation of the provisions
of this act, together with a reasonable counsel or attorney's fee, to
be fixed by the court in every case of recovery, which attorney's
fee shall be taxed and collected as part of the costs in the case.
Sec. 9. That any person or persons claiming to be damaged by
any common carrier subject to the provisions of this act may
either make complaint to the Commission as hereinafter provided
for, or may bring suit in his or their own behalf for the recovery
of the damages for which such common carrier may be liable
under the provisions of this act, in any district or circuit coiut of
the United States of competent jurisdiction ... In any such
action brought for the recovery of damages the court before which
the same shall be pending may compel any director, officer, re-
ceiver, trustee, or agent of the corporation or company defendant in
such suit to attend, app>ear, and testify in such case, and may com-
pel the production of the books and papers of such corporation
or company party to any such suit ; the claim that any such testi-
mony or evidence may tend to criminate the person giving such
evidence shall not excuse such witness from testifying, but such
evidence or testimony shall not be used against such person on
the trial of any criminal proceeding.
Sec. id. That any common carrier subject to the provisions of
this act, or, whenever such common carrier is a corporation, any
director or officer thereof, or any receiver, trustee, lessee, agent,
or person acting for or employed by such corporation, who, alone
or with any other corporation, company, person, or party, shall
willfully do or cause to be done, or shall willingly suffer or permit
to be done, any act, matter, or thing in this act prohibited or
1887] INTERSTATE COMMERQE ACT 587
declared to be unlawful, or who shall aid or abet therein, or who
shall willfully omit or fail to do any act, matter, or thing in this act
required to be done, or shall cause or willingly suffer or permit
any act, matter, or thing so directed or required by this act to be
done not to be done so, or shall aid or abet any such omission or
failure, or shall be guilty of any infraction of this act, or shall aid
or abet therein, shall be deemed guilty of a misdemeanor, and
shall, upon conviction thereof in any district court of the United
States within the jurisdiction of which such ofFense was committed,
be subject to a fine of not to exceed five thousand dollars for each
offense.
Sec. II. That a Commission is hereby created and established
to be known as the Inter-State Commerce Commission, which shall
be composed of five Commissioners, who shall be appointed by
the President, by and with the advice and consent of the Senate.
The Commissioners first appointed under this act shall continue
in office for the term of two, three, four, five, and six years, respec-
tively, from . . . [January i, 1887] . . . , the term of each to be
designated by the President ; but their successors shall be appointed
for terms of six years. . . . Any Commissioner may be removed
by the President for inefficiency, neglect of duty, or malfeasance in
office. Not more than three of the Commissioners shall be ap-
pointed from the same political party. No p)erson in the employ
of or holding any official relation to any common carrier subject
to the provisions of this act, or owning stock or bonds thereof,
or who is in any manner pecuniarily interested therein, shall enter
upon the duties of or hold such office. Said Commissioners shall
not engage in any other business, vocation, or employment. No
vacancy in the Commission shall impair the right of the remain-
ing Commissioners to exercise all the powers of the Commission.
Sec. 12. That the Commission hereby created shall have author-
ity to inquire into the management of the business of all common
carriers subject to the provisions of this act, and shall keep itself
informed as to the manner and method in which the same is con-
ducted, and shall have the right to obtain from such common
carriers full and complete information necessary to enable the
Commission to perform the duties and carry out the objects for
which it was created; and for the purposes of this act the Com-
mission shall have power to require the attendance and testimony
588 INTERSTATE COMMERCE ACT [Feb. 4
of witnesses and the production of all books, papers, tariffs, con-
tracts, agreements, and documents relating to any matter under
investigation, and to that end may invoke the aid of any court of
the United States in requiring the attendance and testimony of
witnesses and the production of books, papers, and documents
under the provisions of this section.
Sec. 13. That any person, firm, corporation, or association, or
any mercantile, agricultural, or manufacturing society, or any body
politic or municipal organization complaining of anything done
or omitted to be done by any common carrier subject to the pro-
visions of this act in contravention of the provisions thereof, may
apply to said Commission by petition, which shall briefly state the
facts; whereupon a statement of the charges thus made shall be
forwarded by the Commission to such common carrier, who shall
be called upon to satisfy the complaint or to answer the same in
writing within a reasonable time, to be specified by the Commis-
sion. If such common carrier, within the time specified, shall
make reparation for the injury alleged to have been done, said car-
rier shall be relieved of liability to the complainant only for the
particular violation of law thus complained of. If such carrier
shall not satisfy the complaint within the time specified, or there
shall appear to be any reasonable ground for investigating said
complaint, it shall be the duty of the Commission to investigate
the matters complained of in such manner and by such means as
it shall deem proper.
Said Commission shall in like manner investigate any complaint
forwarded by the railroad commissioner or railroad commission of
any State or Territory, at the request of such commissioner or
commission, and may institute any inquiry on its own motion in
the same manner and to the same effect as though complaint had
been made. . . .
^P ^p ^p ^p ^p ^p ^P ^p
Sec. 15. That if in any case in which an investigation shall be
made by said Commission it shall be made to appear to the satis-
faction of the Commission, either by the testimony of witnesses
or other evidence, that anything has been done or omitted to be
done in violation of the provisions of this act, or of any law cog-
nizable by said Commission, by any common carrier, or that any
18^7] INTERSTATE COMMERCE ACT 589 '
injury or damage has been sustained by the party or parties com-
plaining, or by other parties aggrieved in consequence of any such
violation, it shall be the duty of the Commission to forthwith cause
a copy of its report in respect thereto to be delivered to such
common carrier, together with a notice to said common carrier
to cease and desist from such violation, or to make reparation for
the injury so found to have been done, or both, within a reason-
able time, to be specified by the Commission; and if, within the
time specified, it shall be made to appear to the Commission that
such common carrier has ceased from such violati^ of Jaw, and
has made reparation for the injury found to have jhwm done, in
compliance with the report and notice of the Commission, or to
the satisfaction of the party complaining, a statement^) that effect
shall be entered of record by the Commission, and tbe said com-
mon carrier shall thereupon be relieved from furthefc&ibility or
penalty for such particular violation of law. ••ww.-^.
Sec. 16. That whenever any common carrier, as defaed in and
subject to the provisions of this act, shall violate or renK*or neg-
lect to obey any lawful order or requirement of the Commission
in this act named, it shallbe the duty of the Commisil|pn, and
lawful for any company or person interested in such oroer or re-
quirement, to apply, in a summary way, by petition, to the circuit
court of the United States sitting in equity in the judicial district
in which the common carrier complained of has its principal ofl&ce,
or in which the violation or disobedience of such order or require-
ment shall happen, alleging such violation or disobedience, as the
case may be; and the said coiurt shall have power to hear and
determine the matter, on such short notice to the common carrier
complained of as the court shall deem reasonable . . . When
the subject in dispute shall be of the value of two thousand dollars
or more, either party to such proceeding before said court may
appeal to the Supreme Court of the United States. . . .
Sec. 20. That the Commission is hereby authorized to require
annual reports from all common carriers subject to the provisions
of this act, to fix the time and prescribe the manner in which such
reports shall be made, and to require from such carriers specific
answers to all questions upon which the Commission may need
information. Such annual reports shall show in detail the amount
S90 INTERSTATE COMMERCE ACT [Feb. 4
of capital stock issued, the amounts paid therefor, and the manner
of payment for the same; the dividends paid, the surplus fimd,
if any, and the number of stockholders; the funded and floating
debts and the interest paid thereon; the cost and value of the
carrier's property, franchises, and equipment ; the number of em-
ployees and the salaries paid each class; the amounts expended
for improvements each year, how exjjended, and the character of
such improvements; the earnings and receipts from each branch
of business and from all sources; the operating and other ex-
penses; the balances of profit and loss; and a complete exhibit
of the financial operations of the carrier each year, including an
annual balance-sheet. Such reports shall also contain such infor-
mation in relation to rates or regulations concerning fares or
freights, or agreements, arrangements, or contracts with other
common carriers, as the Commission may require; and the said
Commission may, within its discretion, for the purpose of enabling
it the better to carry out the purposes of this act, prescribe (if in
the opinion of the Commission it is practicable to prescribe such
uniformity and methods of keeping accounts) a period of time
within which all common carriers subject to the provisions of this
act shall have, as near as may be, a uniform S3rstem of accounts,
and the manner in which such accounts shall be kept.
^r ^r ^P ^P ^P ^P ^P ^r
Sec. 22. That nothing in this act shall apply to the carriage,
storage, or handling of property free or at reduced rates for the
United States, State, or municipal governments, or for charitable
purposes, or to or from fairs and expositions for exhibition thereat,
or the issuance of mileage, excursion, or commutation passenger
tickets : nothing in this act shall be construed to prohibit any
common carrier from giving reduced rates to ministers of reli-
gion ; nothing in this act shall be construed to prevent raibroads
from giving free carriage to their own officers and employees, or
to prevent the principal officers of any railroad company or com-
panies from exchanging passes or tickets with other railroad com-
panies for their officers and employees; and nothing in this act
contained shall in any way abridge or alter the remedies now
existing at common law or by statute, but the provisions of this
act are in addition to such remedies: Provided, That no pending
litigation shall in any way be affected by this act.
♦ ♦*¥♦♦*♦
1887J ANTI-TRUST ACT 59 1
No. 181. Anti-Trust Act
July a, 1890
Several bills for the regulation of trusts came before Congress during the
session of 1888-1889, but none got beyond the stage of discussion. A bill
" to declare unlawful trusts and combinations in restraint of trade and pro-
duction" was introduced in the Senate December 4, 1889, by Sherman, and
referred to the Committee on Finance, which reported it with amendments
January 14, 1890. The bill was taken up February 27 and debated until
March 27, when it was referred to the Committee on the Judiciary with in-
structions to report within twenty days. A substitute was reported April 2,
and on the 8th passed the Senate with amendments. The House amended
the bill so as to make unlawful "every contract or agreement entered into
for the purpose of preventing competition in the sale or purchase of a com-
modity transported from one State to be sold in another." The Senate added
further amendments, to which the House disagreed, and the bill went to a
conference committee, which recommended that each house recede from its
amendments. The acceptance of the report resulted in the passage of the
Senate bill.
References. — Text in U.S. Statutes at Large ^ XXVI., 209, 210. For the
proceedings see the House and Senate Journals^ 51st Cong., ist Sess., and
the Cong. Record. The text of Sherman's original bill is in the Record^ Feb-
ruary 27. The report of the House Committee on the Judiciary, April 25,
is House Report 1707 ; for an earlier report on the investigation of trusts see
House Report 31 12, 50th Cong., ist Sess. For decisions under the act to
1904 see Gould and Tucker, Notes on the Revised Statutes, II., 622, 623;
III., 710-712.
An act to protect trade and commerce against unlawful restraints and
monopolies.
Be U enacted . . . ,
Sec. I. Every contract, combination in the form of trust or
otherwise, or conspiracy, in restraint of trade or commerce
among the several States, or with foreign nations, is hereby de-
clared to be illegal. Every person who shall make any such
contract or engage in any such combination or conspiracy, shall
be deemed guilty of a misdemeanor, and, on conviction thereof,
shall be punished by fine not exceeding five thousand dollars,
or by imprisonment not exceeding one year, or by both said
punishments, in the discretion of the court.
Sec. 2. Every person who shall monopolize, or attempt
monopolize, or combine or conspire with any other person
592 ANTI-TRUST ACT [July 2
persons, to monopolize any part of 'the, trade or commerce among
the several States, or with foreign n^ons, shall be deemed guilty
of a misdemeanor, and, on convictido thereof, shall be punished
by fine not exceeding five thousand clears, or by imprisonment
not exceeding one year, or by both %sl^ punishments, in the
discretion of the court. V
Sec. 3. Every contract, combination iiiP ffiirm of trust or other-
wise, or conspiracy, in restraint of trade or commerce in any
Territory of the United States or of the District of Columbia, or
in restraint of trade or commerce between any such Territory
and another, or between any such Territory or Temtories and
any State or States or the District of Columbia, or with foreign
nations, or between the District of Columbia and any State
or States or foreign nations, is hereby declared illegal: Every
person who shall make any such contract or engage in any
such combination or conspiracy, shall be deemed guilty of a
misdemeanor, and, on conviction thereof, shall be punished by
fine not exceeding five thousand dollars, or by imprisonment not
exceeding one year, or by both said punishments, in the discre-
tion of the court.
Sec. 4. The several circuit courts of the United States are
hereby invested with jurisdiction to prevent and restrain violations
of this act; and it shall be the duty of the several district attor-
neys of the United States, in their respective districts, under the
direction of the Attorney-General, to institute proceedings in
equity to prevent and restrain such violations. . . .
Sec. 6. Any property owned under any contract or by any
combination, or pursuant to any conspiracy (and being the sub-
ject thereof) mentioned in section one of this act, and being in
the course of transportation from one State to another, or to a
foreign country, shall be forfeited to the -United States, and may
be seized and condemned by like proceedings as those provided
by law for the forfeiture, seizure, and condemnation of property
imported into the United States contrary to law.
Sec. 7. Any person who shall be injured in his business or
property by any other person or corporation by reason of any-
thing forbidden or declared to be unlawful by this act, may sue
therefor in any circuit court of the United States in the district
1890] SILVER PURCHASE ACT 593
in which the defendant resides or is found, without respect to the
amount in controversy, and shall recover three fold the damages
by him sustained, and the costs of suit, including a reasonable
attorney's fee.
Sec. 8. That the word "person," or "persons," wherever used
in this act shall be deemed to include corporations and associa-
tions existing under or authorized by the laws of either the United
States, the laws of any of the Territories, the laws of any State,
or the laws of any foreign country.
No. 182. Silver Purchase Act
July 14, Z890
In his annual message of December 3, 1889, President Harrison called
attention to the decline in the market price of silver, and expressed fear of the
effect of a further decline on the value of gold and silver dollars in com-
mercial transactions. The accompanying report of the Secretary of the
Treasury proposed the issue of treasury notes "against deposits of silver
bullion at the market price of silver when deposited , payable on demand in
such quantities of silver bullion as will equal in value, at the date of presenta-
tion, the number of dollars expressed on the face of the notes at the market
price of silver, or in gold, at the option of the Government, or in silver dollars
at the option of the holder"; together with "the repeal of the compulsory
feature of the present coinage act." A bill authorizing the issue of treasury
notes on deposits of silver bullion was introduced in the House January 30,
1890, by E. H. Conger of Iowa, and referred to the Committee on Coinage,
Weights, and Measures. The bill was reported April 9. Another bill direct-
ing the purchase of silver bullion and the issue of treasury notes thereon was
introduced by Conger April 24, and referred; June 5 an amended form of
this bill was substituted for the bill already before the House, and the bill
passed, the vote being 135 to 119, 73 not voting. In the meantime a hill
prepared by the Secretary of the Treasury, in accordance with the recom-
mendations of his annual report, had been introduced in the Senate Januarv
20, by Morrill of Vermont, by request, had been taken up March 31, and was
under consideration when the House bill was received. June 13 the House
bill was substituted for the bill before the Senate. On the 17th a free coin-
age amendment, offered by Plumb of Kansas, was agreed to by a vote of 43 to
24, and the amended bill passed, the final vote being 42 to 35, 17 not voting.
The House disagreed to the Senate amendments, and a conference commit-
tee settled the final form of the bill. The report of the committee was agreed
to by the Senate July 10, by a vote of 39 to 36, and by the House July 12, by
a vote of 132 to 90, 116 not voting. So much of the act as provided for the
2Q
594 SILVER PimCHASE ACT [July n
purchaae of nivcr bullion and the issue of notes thereon was repealed by the
act of November i, 1893 [No. 183].
References. — Text in U.S. SUitutei at Large, XXVI., 289, 190. For the
proceedings see the Haua and Stnate Journals, 51st Cong., jst Scss., and the
Cong. Record. The texts of the bills of April 34 and June s are in the Rec-
ord, June 7, House proceedings. On Conger's bill of January 19 see Home
Report ioS6. On the amount of coinage under the act see Senate Doc. 163,
55th Cong., id Sess.
An act directing the purchase of silver bulUon and the Issue of Tieasury Dotes
thereon, and for other purposes.
Be it enacted . . . , That the Secretary of the Treasury is hereby
directed to purchase, from time to time, silver bulUon to the
aggregate amount of four million Hve hundred thousand ounces,
or so much thereof as may be offered in each month, at the market
price thereof, not exceeding one dollar for three hundred and
seventy-one and twenty-five hundredths grains of pure silver,
and to issue in payment for such purchases of silver bullion
Treasury notes of the United States to be prepared by the Secretaiy
of the Treasury, in such form and of such denominations, not less
than one dollar nor more than one thousand dollars, as he may
prescribe. . . .
Sec. 2. That the Treasury notes issued in accordance with the
provisions of this act shall be redeemable on demand, in coin, at
the Treasury of the United States, or at the office of any assistant
treasurer of the United States, and when so redeemed may be
reissued; but no greater or less amount of such notes shall be
outstanding at any time than the cost of the silver bullion and
the standard silver dollars coined therefrom, then held in the
Treasury purchased by such notes; and such Treasury notes shall
be a legal tender in payment of all debts, public and private,
except where otherwise expressly stipulated in the contract, and
shall be receivable for customs, taxes, and all public dues, and
when so received may be reissued; and such notes, when held
by any national banking association, may be counted as a part
of its lawful reserve. That upon demand of the holder of any
of the Treasury notes herein provided for the Secretary of the
Treasury shall, under such regulations as he may prescribe, redeem
such notes in gold or silver coin, at his discretion, it being the
established policy of the United States to maintain the two metals
1890] REPEAL OF SILVER PURCHASE ACT 595
on a parity with each other upon the present legal ratio, or such
ratio as may be provided by law.
Sec. 3. That the Secretary of the Treasury shall each month
coin two million ounces of the silver bullion purchased under the
provbions of this act into standard silver dollars until . . . [July
1, 1891] . . . , and after that time he shall coin of the silver bullion
purchased under the provisions of this act as much as may be
necessary to provide for the redemption of the Treasury notes
herein provided for, and any gain or seigniorage arising from
such coinage shall be accounted for and paid into the Treasury.
^p ^P ^P ^P ^r ^r ^r ^r
Sec. 5. That so much of the act of . . . [February 28, 1878]
. . . , entitled "An act to authorize the coinage of the standard
silver dollar and to restore its legal-tender character," as requires
the monthly purchase and coinage of the same into silver dollars
of not less than two million dollars, nor more than four million
dollars' worth of silver bullion, is hereby repealed.
No. 1 83. Repeal of the Silver Purchase Act
of 1890
November x, 1893
A BILL to repeal the silver purchase act of July 14, 1890 [No. i82]» was
introduced in the House Anigust 11, 1893, by William L. Wilson of West
Virginia. A free coinage substitute was offered by Bland of Missouri. On
motion of Bland it was agreed that the debate should continue for fourteen
days, eleven days to be allotted to general debate under the rules of the last
House, and the last three days to the consideration of the bill and amend-
ments under the five-minute rule; that upon the close of the debate, votes
should be taken in the following order: on free coinage of silver at the pres-
ent ratio, then at the ratio of 17 to i, then at the ratio of 18 to i, then at the
ratio of 19 to I, and finally at the ratio of 20 to i ; and that in the event of
these several votes resulting in the negative, the House should vote on an
amendment to revive the so-called Bland-Allison act of February 28, 1878
[No. 178]. The bill was then taken up, and formed the principal subject of
debate until August 28. The disastrous panic, due in part to the anxiety
caused by the shrinkage of the gold reserve notwithstanding the rapid increase
in the volume of silver certificates, made the debate one of extraordinary public
596 REPEAL OF SILVER PURCHASE ACT [Nov. >
interest, while the advocates of silver carried on a vigorous agitation for free
coinage in the event of a repeal of the compulsory purchase clause of the act
of 1890. The votes taken August 28 resulted as follows: on the free coin-
age substitute, 125 to 226; on free coinage at the ratio of 17 to i, loi to 241 ;
at 18 to I, 103 to 240; at 19 to I, 104 to 238; at 20 to i, 122 to 222; on
reviving the Bland- Allison act, 136 to 213. The bill was then read a third
time and passed, the vote being 239 to 109, 5 not voting. The Senate had
under consideration a bill to the same effect as the House bill, so far as repeal-
ing the purchase clause of the act of 1890 was concerned ; August 29 this was
reported by the Committee on Finance as a substitute for the House bill.
The bill was not considered until October 30, when the substitute was agreed
to and the bill passed, the final vote being 43 to 32. November i, by a vote
of 194 to 94, 65 not voting, the House concurred in the Senate amendment.
A bill to "coin the seigniorage'' was vetoed by President Cleveland May 27,
1894.
References. — Text in U. S. Statutes at Large, XXVHI., 4, 5. For the
proceedings see the House and Semite Journals, 53d Cong., ist Sess., and the
Cong. Record, Practically every aspect of the silver question was touched on
in the debate.
An Act to repeal a part of . . . [the Silver Purchase Act of July 14, 1890].
Be it enacted . . . , That so much of the • . . [Silver Purchase
Act of July 14, 1890] . . . , as directs the Secretary of the Treasury
to purchase from time to time silver bullion to the aggregate
amount of four million five hundred thousand ounces, or so much
thereof as may be offered in each month at the market price
thereof, not exceeding one dollar for three hundred and seventy-
one and twenty-five one-hundredths grains of pure silver, and to
issue in payment for such purchases Treasury notes of the United
States, be, and the same is hereby, repealed. And it is hereby
declared to be the policy of the United States to continue the
use of both gold and silver as standard money, and to coin both
gold and silver into money of equal intrinsic and exchangeable
value, such equality to be secured through international agree-
ment, or by such safeguards of legislation as will insure the main-
tenance of the parity in value of the coins of the two metals, and
the equal power of every dollar at all times in the markets and in
the payment of debts. And it is hereby further declared that the
efforts of the Government should be steadily directed to the estab-
lishment of such a safe system of bimetallism as will maintain at
all times the equal power of every dollar coined or issued by the
United States, in the markets and in the payment of debts.
1893] INDEPENT>ENCE OF CUBA 507
No. 184. Recognition of the Independence
of Cuba
Aprfl ao, 1898
In his annual message of December 6, 1897, President McKinley rrx-iewrti
the course of the insurrection which had been in pnifn^ss in Culwi sinir
February, 1895, but opposed the recognition of Cuban belligerency. A reso-
lution recognizing the independence of Cuba, being the same as the resitihi*
tion finally adopted, but without the fourth section, was report e<l in the
Senate April 13, 1898, by Cushman K. Da\is of Minnesota, frtmi the Com-
mittee on Foreign Relations. An amendment offerwl on the imh by Davitl
Turpie of Indiana, recognizing the Republic of Cuba **as the true and luw-
ful government of that island," was agreed to by a vote of 51 to ^^7 ; an<l, with
the further addition of the fourth section, offered as an amendment by Duvis,
the resolution passed. A resolution directing the President to intervene to
put an end to the war in Cuba "to the end and with the pur|)OHe of securing
permanent peace and order there and establishing by the free action of the
people thereof a stable and independent government of their own," was re-
ported in the House April 13, by Robert Adams of Pennsylvania, {mm the
Committee on Foreign Affairs, as a substitute for numerous bills and rewilu-
tions previously submitted. A substitute recognizing the in<lc|)endenrc of the
Republic of Cuba, offered by Albert S. Berry of Kentucky on Inrhalf <if tlie
minority of the committee, was rejected by a vote of 1 50 to 1 (;o, and the refti>-
lution was agreed to, the final vote being 324 to iq. In the Senate, April 16,
the House resolution was substituted for the resolution already Ix^forr the
Senate, and then amended by striking out the wonls of the House rrm>liition
and inserting the resolution of the Senate. On the i8th the IIouhc i om iittnl
with an amendment, ofiFered by Nelson Dinglcy of Maine, striking «»ui the
clause recognizing the Republic of Cuba, the vole Iwing 1 78 to 1 50. Tlir
Senate refusing to concur in the House amendment, the resithition wrni to a
conference committee, which reported inability to agn-e, and a itrtond tont
mittee settled the final form of the resolution. The reiH^t of the letnml
committee was agreed to in the House by a vote of j^m to 0. nuil \\\ thr
Senate by a vote of 42 to 35
References. — Text in L/ S. Statutes at hirgr, XX \ . 7>H. >: ^o t 01 thi«
proceedings see the House and Senate Journals, 55th ('<mi){ , ».l 'm><«4 . a\\\\ \\w
Cong. Record. Sec also Senate Report 885; .Senatr thh . if»f» mi.l n# •».»/. .\V
port 1 160, 54th Cong., 2d Sess.; and the varioun nwutiiKii of \\\. V\y*\%U \\\
A large amount of documentary matter wan prinliMl in \\\v Kr ^vt \\\ %\w
cxntrse ok the debate.
Joint Resolution foi the 'ecognition r»f thr {ndf|K'nflfni«- ot »b. ^h-*^^*^ ^^<
Cuba, demanding thai the fi^ vpfment of S|i:iin ti Imni'i-h m- -^mU.M*'^
andfpovemmentin the i«laiid ')f Cul>a, nnd tri \Mthiliii\^ h- in^.i i.*J ,'«x^<
forces from Cuba and Cuban M-atcm and <litf'iiiMK *hf )^>•<'t.^n1 .^ ^■•«
598 DECLARATION OF WAR [April 25
United States to use the land and naval forces of the United States to
carry these resolutions into effect.
Whereas the abhorrent conditions which have existed for more
than three years in the Island of Cuba, so near our own borders,
have shocked the moral sense of the people of the United States,
have been a disgrace to Christian civilization, culminating, as they
have, in the destruction of a United States battle ship, with two
hundred and sixty-six of its ofl&cers and crew, while on a friendly
visit in the harbor of Havana, and can not longer be endured, as
has been set forth by the President of the United States in his
message to Congress of April eleventh, eighteen hundred and
ninety-eight, upon which the action of Congress was invited:
Therefore,
Resolved . . . , First. That the people of the Island of Cuba
are, and of right ought to be, free and independent.
Second. That it is the duty of the United States to demand,
and the Government of the United States does hereby demand,
that the Government of Spain at once relinquish its authority and
government in the Island of Cuba and withdraw its land and naval
forces from Cuba and Cuban waters.
Third. That the President of the United States be, and he
hereby is, directed and empowered to use the entire land and
naval forces of the United States, and to call into the actual ser-
vice of the United States the militia of the several States, to such
extent as may be necessary to carry these resolutions into effect.
Fourth. That the United States hereby disclaims any disposi-
tion or intention to exercise sovereignty, jurisdiction, or control
over said Island except for the pacification thereof, and asserts its
determination, when that is accomplished, to leave the govern-
ment and control of the Island to its people.
No. 185. Declaration of War
April 2$, Z898
The destruction of the battleship Maim in the harbor of Havana, on the
night of February 15, 1898, was followed, March 9, by the appropriation
of $50,000,000 for the national defence. An account of the Maine afiPair,
together with the findings of the court of inquiry, was laid before Congress
iSgS} DECLARATION OF WAR 599
by President McKinley in his message of March 28. April 11 the President
asked for authority to intervene and end the' war in Cuba. On the 2 2d a
blockade of the north coast of Cuba, and of Cienfuegos on the south coast,
was proclaimed, and on the next day 125,000 volunteers were called for under
authority of the joint resolution of April 20 [No. 184]. On the 25th the
President announced the withdrawal of the Spanish minister, and recom-
mended a declaration of war. A joint resolution was at once introduced
in the House by Adams of Pennsylvania, from the Committee on Foreign
Affairs, and passed both houses the same day without divisions. A proclama-
tion regarding neutrals was issued April 26. May 25 a call for 75,000 addi-
tional volunteers was issued. By a proclamation of June 27, the blockade
was extended to the whole of the south coast of Cuba, and to San Juan, Porto
Rico. Acts of July 8, 1898, and March 3, 1899, provided for the reimburse-
ment to States of the expenses incurred by them on account of the war.
R£FER£NCES. — Ttxt in U. S. Statutes at Large, XXX., 364. For the pro-
ceedings see the House and Senate Journals^ 55th Cong., 2d Sess., and the
Cong. Record. There was no debate in the House, and the discussion in the
Senate was with closed doors. For the correspondence with Spain see the
Foreign Relations f 1897 and 1898. The report of the Maine court of inquiry
is Senate Doc. 207, 55th Cong., 2d Sess.; the report on the investigation of
the War Department, Senate Doc. 221, 56th Cong., ist Sess.; the "beef" in-
quiry, Senate Doc. 270, ibid. See also Notes on the Spanish- American War*
Senate Doc. 288, ibid.
An Act declaring that war exists between the United States of America and
the Kingdom of Spain.
Be U enacted . . . , First. That war be, and the same is hereby,
declared to exist, and that war has existed since . . . [April 21,
1898] . . . , including said day, between the United States of
America and the Kingdom of Spain.
Second. That the President of the United States be, and he
hereby is, directed and empowered to use the entire land and
naval forces of the United States, and to call into the actual ser-
vice of the United States the militia of the several States, to such
extent as may be necessary to carry this Act into eflfect.
6oo ANNEXATION OF THE HAWAIIAN ISLANDS [July 7
No. 186. Annexation of the Hawaiian
Islands
July 7, Z898
In January, 1893, Queen Liliuokalani of the Hawaiian Islands was forced
to abdicate, and a provisional government was proclaimed, followed in July,
1894, by the establishment of a republic. The constitution of the republic
expressly authorized a treaty of "political or commercial union" with the
United States. A treaty of annexation, concluded in 1893, was withdrawn by
President Cleveland. A second treaty was signed June 16, 1897, and ratified
by the Senate of Hawaii. On the outbreak of the war with Spain the United
States assumed to use the islands as a naval base. May 4, 1898, while the
treaty of annexation was pending, Francis G. Newlands of Nevada introduced
a joint resolution for annexation, the resolution being one of several similar
propositions which had been submitted to Congress. The terms proposed by
the resolution were substantially the same as those embodied in the pending
treaty. The resolution was reported without amendment May 17, but was
not taken up uptil June 11. On the 15th a substitute declaring against the
acquisition of the islands by any foreign power, and g^uaranteeing their inde-
pendence, was rejected by a vote of 96 to 204, and the resolution passed, the
final vote being 209 to 91. The resolution was reported in the Senate June
17 without amendment, taken up on the 3oth, and debated until July 6,
when, by a vote of 42 to 21, it was agreed to. The formal transfer of the
islands took place August 12. An act of April 30, 1900, provided a territo-
rial form of government.
References. — Text in U. S. Statutes at Large, XXX., 750, 751. For the
proceedings see the House and Senate Journals, 55th Cong., 2d Sess., and the
Cong. Record. See also Senate Report 681 and House Report 1355. The re-
port of the Hawaiian commission is Senate Doc. 16, 55th Cong., 3d Sess. On
the earlier relations with Hawaii see Senate Report 227 and House Exec. Doc.
47» 53d Cong., 2d Sess.
Joint Resolution To provide for annexing the Hawaiian Islands to the United
States.
Whereas the Government of the Republic of Hawaii having, in
due form, signified its consent, in the manner provided by its
constitution, to cede absolutely and without reserve to the United
States of America all rights of sovereignty of whatsoever kind in
and over the Hawaiian Islands and their dependencies, and also
to cede and transfer to the United States the absolute fee and own-
ership of all public, Government, or Crown lands, public buildings
or edifices, ports, harbors, military equipment^ and all other public
1898] ANNEXATION OF THE HAWAIIAN ISLANDS 601
property of every kind and description belonging to the Govern,
ment of the Hawaiian Islands, together with every right and ap-
purtenance thereunto appertaining: Therefore,
Resolved . . . , That said cession is accepted, ratified, and con-
firmed, and that the said Hawaiian Islands and their dependencies
be, and they are hereby, annexed as a part of the territory of the
United States and are subject to the sovereign dominion thereof,
and that all and singular the property and rights hereinbefore
mentioned are vested in the United States of America.
The existing laws of the United States relative to public lands
shall not apply to such lands in the Hawaiian Islands; but the
Congress of the United States shall enact special -laws for their
management and disposition : Promded, That all revenue from or
proceeds of the same, except as regards such part thereof as
may be used or occupied for the civil, military, or naval purposes of
the United States, or may be assigned for the use of the local gov-
ernment, shall be used solely for the benefit of the inhabitants of
the Hawaiian Islands for educational and other public purposes.
Until Congress shall provide for the government of such islands
all the civil, judicial, and military powers exercised by the officers
of the existing government in said islands shall be vested in such
person or jpersons and shall be exercised in such manner as the
President of the United States shall direct; and the President
shall have power to remove said officers and fill the vacancies so
occasioned.
The existing treaties of the Hawaiian Islands with foreign na-
tions shall forthwith cease and determine, being replaced by such
treaties as may exist, or as may be hereafter concluded, between
the United States and such foreign nations. The municipal leg-
islation of the Hawaiian Islands, not enacted for the fulfillment
of the treaties so extinguished, and not inconsistent with this
joint resolution nor contrary to the Constitution of the United
States nor to any existing treaty of the United States, shall remain
in force until the Congress of the United States shall otherwise
determine.
Until legislation shall be enacted extending the United States
customs laws and regulations to the Hawaiian Islands the existing
customs relations of the Hawaiian Islands with the United States
and other countries shall remain unchanged.
602 TREATY OF PARIS [Dec. lo
The public debt of the Republic of Hawaii, lawfully existing
at the date of the passage of this joint resolution, including the
amounts due to depositors in the Hawaiian Postal Savings Bank, is
hereby assumed by the Government of the United States ; but the
liability of the United States in this regard shall in no case exceed
four million dollars. So long, however, as the exbting Govern-
ment and the present commercial relations of the Hawaiian
Islands are continued as hereinbefore provided said Government
shall continue to pay the interest on said debt.
There shall be no further immigration of Chinese into the Ha-
waiian Islands, except upon such conditions as are now or may
hereafter be allowed by the laws of the United States; and no
Chinese, by reason of anything herein contained, shall be allowed
to enter the United States from the Hawaiian Islands.
The President shall appoint five commissioners, at least two of
whom shall be residents of the Hawaiian Islands, who shall, as
soon as reasonably practicable, recommend to Congress such
legislation concerning the Hawaiian Islands as they shall deem
necessary or proper.
Sec. 2. That the commissioners hereinbefore provided for
shall be appointed by the President, by and with the advice and
consent of the Senate.
^P ^P ^P ^P ^P ^P ^r ^"
No. 187. Treaty of Paris
December 10, 1898
Overtures for peace between the United States and Spain were begun
July 36, 1898, through Jules Cambon, the French ambassador, resulting,
August 13, in the signing of a protocol and the suspension of hostilities.
Commissioners on the part of the United States were named August 26,
Senator George Gray of Delaware being appointed, September 9, in place of
Justice Edward D. White, who declined to serve. The commissioners of the
two countries met at Paris October i, and December 10 concluded a treaty
of peace. The Senate ratified the treaty February 6, 1899, and April 1 1 the
treaty was proclaimed. The appropriation of $20,000,000 called for by
Article III was made March 3.
References. — Text in U. S. Slatutes at Large, XXX., 1754-1762. For
the protocols and other documents see Senate Doc. 63, 55th Cong., 3d Sess.
1898] TREATY OF PARIS 603
Articxe I.
Spain relinquishes all claim of sovereignty over and title to
Cuba.
And as the island is, upon its evacuation by Spain, to be oc-
cupied by the United States, the United States will, so long as
such occupation shall last, assume and discharge the obligations
that may under international law result from the fact of its occupa-
tion, for the protection of life and property.
Article IL
Spain cedes to the United States the island of Porto Rico and
other islands now under Spanish sovereignty, in the West Indies,
and the island of Guam in the Marianas or Ladrones.
Article III.
Spain cedes to the United States the archipelago known as the
Philippine Islands, and comprehending the islands lying within
the following line :
A line running from west to east along or near the twentieth
parallel of north latitude, and through the middle of the navigable
channel of Bachi, from the one hundred and eighteenth (ii8th)
to the one hundred and twenty seventh (127th) degree meridian
of longitude east of Greenwich, thence along the one hundred
and twenty seventh (127th) degree meridian of longitude east of
Greenwich to the parallel of four degrees and forty five minutes
(4® 45') north latitude, thence along the parallel of four degrees
and forty five minutes (4° 45') north latitude to its intersection
with the meridian of longitude one hundred and nineteen degrees
and thirty five minutes (119° 35') east of Greenwich, thence
along the meridian of longitude one hundred and nineteen de-
grees and thirty five minutes (119° 35') east of Greenwich to
the parallel of latitude seven degrees and forty minutes (7° 40^)
north, thence along the parallel of latitude seven degrees and
forty minutes (7° 40') north to its intersection with the one hundred
and sixteenth (11 6th) degree meridian of longitude east of Green-
mch, thence by a direct line to the intersection of the tenth (loth)
6o4 TREATY OF PARIS [Dec. lo
degree parallel of north latitude with the one hundred and eigh-
teenth (ii8th) degree meridian of longitude east of Greenwich,
and thence along the one hundred and eighteenth (iiSth) degree
meridian of longitude east of Greenwich to the point of beginning.
The United States will pay to Spain the sum of twenty million
dollars ($20,000,000) within three months after the exchange of
the ratifications of the present treaty.
Article IV.
The United States will, for the term of ten years from the date
of the exchange of the ratifications of the present treaty, admit
Spanish ships and merchandise to the ports of the Philippine
Islands on the same terms as ships and merchandise of the United
States.
Article V.
The United States will, upon the signature of the present treaty,
send back to Spain, at its own cost, the Spanish soldiers taken
as prisoners of war on the capture of Manila by the American
forces. The arms of the soldiers in question shall be restored to
them.
Spain will, upon the exchange of the ratifications of the present
treaty, proceed to evacuate the Philippines, as well as the island
of Guam, on terms similar to those agreed upon by the Com-
missioners appointed to arrange for the evacuation of Porto
Rico and other islands in the West Indies, under the Protocol
of August 12, 1898, which is to continue in force till its provi-
sions are completely executed.
^^ ^* ^* ^* ^r ^P ^r ^r
Article VI.
Spain will, upon the signature of the present treaty, release all
prisoners of war, and all persons detained or imprisoned for politi-
cal offences, in connection with the insurrections in Cuba and the
Philippines and the war with the United States.
Reciprocally, the United States will release all persons made
prisoners of war by the American forces, and will undertake to
obtain the release of all Spanish prisoners in the hands of the
insurgents in Cuba and the Philippines.
1898I TREATY OF PARIS 605
The Government of the United States will at its own cost return
to Spain and the Government of Spain will at its own co?t return to
the United States, Cuba, Porto Rico, and the Philippines, accord-
ing to the situation of their respective homes, prisoners released or
caused to be released by them, respectively, under this article.
Article VII.
The United States and Spain mutually relinquish all claims
for indemnity, national and individual, of every kind, of either
Government, or of its citizens or subjects, against the other Gov-
ernment, that may have arisen since the beginning of the late
insurrection in Cuba and prior to the exchange of ratifications
of the present treaty, including all claims for indemnity for the
cost of the war.
The United States will adjudicate and settle the claims of its
citizens against Spain relinquished in this article.
Article VIII.
In conformity with the provisions of Articles I, II, and III of this
treaty, Spain relinquishes in Cuba, and cedes in Porto Rico and
other islands in the West Indies, in the island of Guam, and in the
Philippine Archipelago, all the buildings, wharves, barracks, forts,
structures, public highways and other immovable property which,
in conformity with law, belong to the public domain, and as such
belong to the Crown of Spain.
And it is hereby declared that the relinquishment or cession,
as the case may be, to which the preceding paragraph refers,
cannot in any respect impair the property or rights which by law
belong to the peaceful possession of property of all kinds, of prov-
inces, municipalities, public or private establishments, ecclesias-
tical or civic bodies, or any other associations having legal capacity
to acquire and possess property in the aforesaid territories re-
nounced or ceded, or of private individuals, of whatsoever nation-
ality such individuals may be.
The aforesaid relinquishment or session, as the case may be,
includes all documents exclusively referring to the sovereignty
relinquished or ceded that may exist in the archives of the Penin-
sula. Where any document in such archives only in part relates
6o6 TREATY OF PARIS [Dec. lo
to ssdd sovereignty, a copy of such part will be furnished whenever
it shall be requested. Like rules shall be reciprocally observed
in favor of Spain in respect of documents in the archives of the
islands above referred tot
In the aforesaid relinquishment or cession, as the case may be,
are also included such rights as the Crown of Spain and its authori-
ties possess in respect of the official archives and records, execu-
tive as well as judicial, in the islands above referred to, which
relate to said islands or the rights and projperty of their inhabit-
ants. Such archives and records shall be carefully preserved,
and private persons shall without distinction have the right to
require, in accordance with law, authenticated copies of the con-
tracts, wills and other instruments forming part of notarial proto-
cols or files, or which may be contained in the executive or judi-
cial archives, be the latter in Spain or in the islands aforesaid.
Article IX.
Spanish subjects, natives of the Peninsula, residing in the terri-
tory over which Spain by the present treaty relinquishes or cedes
her sovereignty, may remain in such territory or may remove there-
from, retaining in either event all their rights of property, includ-
ing the right to sell or dispose of such property or of its proceeds ;
and they shall also have the right to carry on their industry, com-
merce and professions, being subject in respect thereof to such
laws as are applicable to other foreigners. In case they remain
in the territory they may preserve their allegiance to the Crown
of Spain by making, before a court of record, within a year from
the date of the exchange of ratifications of this treaty, a declaration
of their decision to preserve such allegiance; in default of which
declaration they shall be held to have renounced it and to have
adopted the nationality of the territory in which they may reside.
The civil rights and political status of the native inhabitants of
the territories hereby ceded to the United States shall be deter-
mined by the Congress.
Article X.
The inhabitants of the territories over which Spain relinquishes
or cedes her sovereignty shall be secured in the free exercise of
their religion.
iSgS] TREATY OF PARIS 607
Article XL
The Spaniards residing in the territories over which Spain by
this treaty cedes or relinquishes her sovereignty shall be subject
in matters civil as well as criminal to the jurisdiction of the courts
of the country wherein they reside, pursuant to the ordinary laws
governing the same; and they shall have the right to appear
before such courts, and to pursue the same course as citizens of
the country to which the courts belong.
Article XII.
Judicial proceedings pending at the time of the exchange of
ratifications of this treaty in the territories over which Spain relin-
quishes or cedes her sovereignty shall be determined according to
the following rules:
1. Judgments rendered either in civil suits between private
individuals, or in criminal matters, before the date mentioned,
and with respect to which there is no recourse or right of review
under the Spanish law, shall be deemed to be final, and shall be
executed in due form by competent authority in the territory
within which such judgments should be carried out.
2. Civil suits between private individuals which may on the
date mentioned be undetermined shall be prosecuted to judgment
before the court in which they may then be pending or in the
court that may be substituted therefor.
3. Criminal actions p)ending on the date mentioned before the
Supreme Court of Spain against citizens of the territory which by
this treaty ceases to be Spanish shall continue under its jurisdiction
until final judgment; but, such judgment having been rendered,
the execution thereof shall be committed to the competent authority
of the place in which the case arose.
Article XIII.
The rights of property secured by copyrights and patents
acquired by Spaniards in the Island of Cuba, and in Porto Rico,
the Philippines and other ceded territories, at the time of the
exchange of the ratifications of this treaty, shall continue to be
respected. Spanish scientific, literary and artistic works, not
6o8 TREATY OF PARIS [Dec. lo, 1898
subversive of public order in the territories in question, shall con-
tinue to be admitted free of duty into such territories, for the
period of ten years, to be reckoned from the date of the exchange
of the ratifications of this treaty.
Article XIV.
Spain shall have the power to establish consular officers in the
ports and places of the territories, the sovereignty over which has
been either relinquished or ceded by the present treaty.
Article XV.
The Government of each country will, for the term of ten years,
accord to the merchant vessels of the other country the same
treatment in respect of all port charges, including entrance and
clearance dues, light dues, and tonnage duties, as it accords to
its own merchant vessels, not engaged in the coastwise trade.
This article may at any time be terminated on six months'
notice given by either Government to the other.
Article XVI.
It is understood that any obligations assumed in this treaty by
the United States with respect to Cuba are limited to the time of
its occupancy thereof; but it will upon the termination of such
occupancy, advise any Government established in the island to
assume the same obligations.
* Signed in duplicate, in Spanish and English. The English text is signed :
"Waiiam R. Day, Cushman K. Davis. Wm. P. Frye, Geo. Gray, Whitdaw
Reid." The Spanish text b signed: **Eugenio Montero Rfos, B. de Abarzuza,
J. de Garnica, W R de Villa Umitia, Rafael Cerero." — Ed.
March 14, 1900] GOLD STANDARD ACT 609
No. 1 88. Gold Standard Act
March 14, 1900
A BOX embodying the recommendations of the Indianapolis Monetary
Commission was introduced in the House, January 6, 1898, by Jesse Over-
street of Indiana, and referred to the Committee on Banking and Currency,
but was not reported. A biU with the same title as that of the act below was
introduced by Overstreet December 4, 1899, taken up under special order
on the nth, and considered until the i8th, when it passed the House, which
had not yet completed its organization by the appointment of conmiittees,
by a vote of 190 to 150, 14 not voting. A substitute for the House bill,
reported by the Senate Committee on Finance the next day, passed the
Senate with amendments February 15, 1900, by a vote of 46 to 29, 11 not
voting. The bill was given its final form by a conference committee, the
report of the conunittee being agreed to by the Senate, March 6, by a vote
of 44 to 26, 17 not voting, and by the House, March 13, by a vote of 166
to 120, 10 answering "present," and 54 not voting. On the 14th the act
was approved. A coinage system for the Philippine Islands was established
by an act of March 2, 1903.
References. — Text in U. S. SkU, at Large, XXXI., 45-50. For the
debates see the Cong, Record , 56th Cong., ist Sess. The text of the con-
ference report, with a statement of the House conferees, is in iht Record
for March 7. See also the Report of the Indianapolis Monetary Commission
(1898); Dewey, Financial History of the U. S. (3d ed., 1907), 468-473;
Hepburn, History of Coinage and Currency y chap. 18.
An Act To define and fix the standard of value, to maintain the parity
of all forms of money issued or coined by the United States, to refund
the public debt, and for other purposes.
Be it enacted . . . , That the dollar consisting of twenty-five
and eight-tenths grains of gold nine-tenths fine, as established
by section thirty-five hundred and eleven of the Revised Statutes
of the United States, shall be the standard unit of value, and all
forms of money issued or coined by the United States shall be
maintained at a parity of value with this standard, and it shall
be the duty of the Secretary of the Treasury to maintain such
parity.
Sec. 2. That United States notes, and Treasury notes
issued under the Act of . . . [July 14, 1890] . . . , when pre-
sented to the Treasury for redemption, shall be redeemed in
gold coin of the standard fixed in the first section of this Act,
and in order to secure the prompt and certain redemption of
2E
6lO GOLD STANDARD ACT [March 14
such notes as herein provided it shall be the duty of the Secre-
tary of the Treasury to set apart in the Treasury a reserve fund
of one hundred and fifty million dollars in gold coin and bullion,
which fund shall be used for such redemption^ purposes only,
and whenever and as often as any of said notes shall he redeemed
from said fund it shall be the duty of the Secretary of the Treas-
ury to use said notes so redeemed to restore and maintain such
reserve fund in the manner following, to wit : First, by exchang-
ing the notes so redeemed for any gold coin in the general
fund of the Treasury; second, by accepting deposits of gold
coin at the Treasury or at any subtreasury in exchange for the
United States notes so redeemed ; third, by procuring gold coin
by the use of said notes, in accordance with the provisions of
section thirty-seven hundred of the Revised Statutes of the
United States. If the Secretary of the Treasury is unable to
restore and maintain the gold coin in the reserve fund by the
foregoing methods, and the amount of such gold coin and
bullion in said fund shall at any time fall below one hundred
million dollars, then it shall be his duty to restore the same to
the maximum sum of one hundred and fifty million doUars
by borrowing money on the credit of the United States, and for
the debt thus incurred to issue and sell coupon or registered
bonds of the United States, in such form as he may prescribe,
in denominations of fifty dollars or any multiple thereof, bear-
ing interest at the rate of not exceeding three per centum i>er
annum, payable quarterly, such bonds to be payable at the
pleasure of the United States after one year from the date of
their issue, and to be payable, principal and interest, in gold
coin of the present standard value, and to be exempt from the
payment of all taxes or duties of the United States, as well as
from taxation in any form by or under State, municipal, or
local authority; and the gold coin received from the sale of
said bonds shall first be covered into the general fund of the
Treasury and then exchanged, in the manner hereinbefore pro-
vided, for an equal amount of the notes redeemed and held for
exchange, and the Secretary of the Treasury may, in his dis-
cretion, use said notes in exchange for gold, or to purchase or
redeem any bonds of the United States, or for any other lawful
purpose the public interests may require, except that they shall
igoo] GOLD STANDARD ACT 6ll
not be used to meet deficiencies in the current revenues. That
United States notes when redeemed in accordance with the
provisions of this section shall be reissued, but shall be held
in the reserve f imd until exchanged for gold, as herein provided ;
and the gold coin and bullion in the reserve fund, together
with the redeemed notes held for use as provided in this sec-
tion, shall at no time exceed the maximiun sum of one hundred
and fifty million dollars.
Sec. 3. That nothing contained in this Act shall be con-
strued to affect the legal-tender quality as now provided by
law of the silver dollar, or of any other money coined or issued
by the United States.
Sec. 4. [Divisions of issue and redemption to be established
in the Treasury Department.]
Sec. 5. That it shall be the duty of the Secretary of the
Treasiuy, as fast as standard silver dollars are coined under
the provisions of the Acts of . , . [July 14, 1890, and June 13,
1898] . . . , from bullion purchased under the Act of ...
[July 14, 1890] . . . , to retire and cancel an equal amount of
Treasury notes whenever received into the Treasury, either by
exchange in accordance with the provisions of this Act or in
the ordinary course of business, and upon the cancellation of
Treasury notes silver certificates shall be issued against the
silver dollars so coined.
Sec. 6. That the Secretary of the Treasury is hereby author-
ized and directed to receive deposits of gold coin with the
Treasurer or any assistant treasurer of the United States in
sums of not less than twenty dollars, and to issue gold certifi-
cates therefor in denominations of not less than twenty dollars,
and the coin so deposited shall be retained in the Treasury
and held for the payment of such certificates on demand, and
used for no other purpose. Such certificates shall be receivable
for customs, taxes, and all public dues, and when so received
may be reissued, and when held by any national banking asso-
ciation may be counted^ as a part of its lawful reserve : Pro-
vided,^ That whenever and so long as the gold coin held in the
reserve fund in the Treasury for the redemption of United States
» Amended by acts of May 26, 1906 {U. S. Stat, at Large, XXXIV., Part i,
202), and March 4, igoy {ihid., XXXTV., Part 1, 1289, 1290). — Ed.
6l2 GOLD STANDARD ACT [March 14
notes and Treasury notes shall fall and remain below one hun-
dred million dollars the authority to issue certificates as herein
provided shall be suspended: And provided further ^ That
whenever and so long as the aggregate amount of United States
notes and silver certificates in the general fund of the Treasury
shall exceed sixty million dollars the Secretary of the Treasury
may, in his discretion, suspend the issue pf the certificates herein
provided for : And provided further y That of the amount of such
outstanding certificates one-fourth at least shall be in denom-
inations of fifty dollars or less : And provided further , That the
Secretary of the Treasury may, in his discretion, issue 'such
certificates in denominations of ten thousand dollars, payable
to order. [Sec. 5193 of Revised Statutes repealed.]
Sec. 7. That hereafter silver certificates shall be issued
only of denominations of ten dollars and under, except that not
exceeding in the aggregate ten per centum of the total volume
of said certificates, in the discretion of the Secretary of the
Treasury, may be issued in denominations of twenty dollars,
fifty dollars, and one hundred dollars; and silver certificates
of higher denomination than ten dollars, except as herein pro-
vided, shall, whenever received at the Treasury or redeemed,
be retired and canceled, and certificates of denominations
of ten dollars or less shall be substituted therefor, and after
such substitution, in whole or in part, a like volume of United
States notes of less denomination than ten dollars shall from time
to time be retired and canceled, and notes of denominations of
ten dollars and upward shall be reissued in substitution therefor,
with like qualities and restrictions as those retired and canceled.^
Sec. 8. That the Secretary of the Treasury is hereby author-
ized to use, at his discretion, any silver bullion in the Treasury
of the United States purchased under the Act of . . . [July 14,
1890] . . . , for coinage into such denominations of subsidiary
silver coin as may be necessary to meet the public requirements
for such coin : Provided^ That the amount of subsidiary silver
coin outstanding shall not at any time, exceed in the aggregate
one hundred millions of dollars. Whenever any silver bullion
purchased under the Act of . . . [July 14, 1890] . . . , shall
be used in the coinage of subsidiary silver coin, an amount of
^ Amended by act of March 4, 1907 {U, 5. Stai. at Large, XXXIV.» 1289). — Ed
iQoo] GOLD STANDARD ACT 613
Treasury notes issued under said Act equal to the cost of the
bullion contained in such coin shall be canceled and not reissued.
Sec. 9. [Uncurrent subsidiary silver coin to be recoined.]
Sec. II. That the Secretary of the Treasury is hereby
authorized to receive at the Treasury any of the outstanding
bonds of the United States bearing interest at five per centum
per anniun, payable . . . [February i, 1904] . . . , and any
bonds of the United States bearing interest at four per centum
per annum, payable . . . [July i, 1907] . . . , and any bonds
of the United States bearing interest at three per centiun per
anniun, payable . . . [August i, 1908] . . . , and to issue in
exchange Uierefor an equal amount of coupon or registered
bonds of the United States in such form as he may prescribe,
in denominations of fifty dollars or any multiple thereof, bear-
ing interest at the rate of two per centum per annum, payable
quarterly, such bonds to be payable at the pleasure of the
United States after thirty years from the date of their issue,
and said bonds to be payable, principal and interest, in gold
coin of the present standard value, and to be exempt from the
pa3anent of all taxes or duties of the United States, as well as
from taxation in any form by or under State, municipal, or local
authority : Provided^ That such outstanding bonds may be re-
ceived in exchange at a valuation not greater than their present
worth to yield an income of two and one-quarter per centiun
per annum; and in consideration of the reduction of interest
effected, the Secretary of the Treasury is authorized to pay to
the holders of the outstanding bonds surrendered for exchange,
out of any money in the Treasury not otherwise appropriated,
a siun not greater than the difference between their present
worth, computed as aforesaid, and their par value ....
Sec. 14. That the provisions of this Act are not intended
to preclude the accomplishment of international bimetaUism
whenever conditions shall make it expedient and practicable
to secure the same by concurrent action of the leading com-
mercial nations of the world and at a ratio which shall insure
p)ermanence of relative value between gold and silver.
Approved, March 14, 1900.
6l4 TREATY REGARpiNG ISTHMIAN CANAL [November i8
No. 189. Treaty with Great Britain regard-
ing an Isthmian Canal
November z8, zgoz
By the Clayton-Btdwer treaty of 1850 the United States and Great
Britain agreed upon a joint control and neutralization of any isthmian
canal that might thereafter be constructed. The apparent prospect of
the construction of a canal at Panama by a French company led to an in-
creasing demand in the United States for the abrogation of the treaty, and for
the control of the canal by the United States alone. The Hay-Pauncefote
treaty of February 5, 1900, authorized the construction of a canal either
by the United States or by a private corporation, but retained the provision
for neutralization. Amendments made by the Senate, declaring the Clay-
ton-Bulwer treaty superseded and authorizing defensive measures by the
United States in the management of the canal, were rejected by Great
Britain, and the treaty failed. The HayrPauncefote treaty of November
18, 1901, in form a compromise between the original draft of 1900 and the
Senate amendments, was ratified by President Roosevelt December 26,
and by Great Britain January 20, 1902, and on February 22 was proclaimed.
See posiy Nos. 191 and 192.
References. — Text in U, S. SkU. at Large, XXXII., Part 2, 1903-
1905. The treaty of 1900, with other documents, is in Senate Document 85,
57th Cong., ist Sess. (reprinted in Foreign Relations , 1901, pp. 237-246).
The comparative merits of the Nicaragua and Panama routes were exhaust-
ively treated by Senator Morgan, of Alabama, in Senate Report 1337, 56th
Cong., ist Sess. See also the report of the Walker commission, November
30, 1900 {Senate Doc, 5, 56th Cong., 2d Sess.). For the diplomatic history
of the canal question see Moore, Digest of International Law, III., 2-222.
Article I.
The High Contracting Parties agree that the present Treaty
shall supersede the afore-mentioned Convention [the Clayton-
Bulwer treaty] of the 19th April, 1850.
Article n.
It is agreed that the canal may be constructed under the
auspices of the Government of the United States, either directly
at its own cost, or by gift or loan of money to individuals or
Corporations, or through subscription to. or purchase of stock
or shares, and that, subject to the provisions of the present
igoi] TREATY REGARDING ISTHMIAN CANAL 615
Treaty, the said Government shall have and enjoy all the rights
incident to such construction, as well as the exclusive right of
providing for the regulation and management of the canal.
Article HI.
The United States adopts, as the basis of the neutralization
of such ship canal, the following Rules, substantially as embodied
in the Convention of Constantinople, signed the 28th October,
1888, for the free navigation of the Suez Canal, that is to say :
1. The canal shall be free and open to the vessels of com-
merce and of war of all nations observing these Rules, on terms
of entire equality, so that there shall be no discrimination
against any such nation, or its citizens or subjects, in respect
of the conditions or charges of traflSc, or otherwise. Such
conditions and charges of traffic shall be just and equitable.
2. The canal shall never be blockaded, nor shall any right
of war be exercised nor any act of hostility be committed within
it. The United States, however, shall be at Uberty to main-
tain such military pohce along the canal as may be necessary
to protect it against lawlessness and disorder.
3. Vessels of war of a belligerent shall not revictual nor
take any stores in the canal except so far as may be strictly
necessary; and the transit of such vessels through the canal
shall be effected with the least possible delay in accordance with
the Regulations in force, and with only such intermission as
may result from the necessities of the service.
Prizes shall be in all respects subject to the same Rules as
vessels of war of the belligerents.
4. No belligerent shall embark or disembark troops, muni-
tions of war, or warUke materials in the canal, except in case
of accidental hindrance of the transit, and in such case the transit
shall be resumed with all possible dispatch.
5. The provisions of this Article shall apply to waters adja-
cent to the canal, within 3 marine miles of either end. Vessels
of war of a belligerent shall not remain in such waters longer
than twenty-four hours at any one time, except in case of dis-
tress, and in such case, shall depart as soon as possible ; but a
vessel of war of one belligerent shall not depart within twenty-
6l6 CHINESE EXCLUSION ACT [April 29
four hours from the departure of a vessel of war of the other
belligerent.
6. The plant, establishments, buildmgs, and all works
necessary to the construction, maintenance, and operation of
the canal shall be deemed to be part thereof, for the purposes
of this Treaty, and in time of war, as in time of peace, shall
enjoy complete inmiunity from attack or injury by belligerents,
and from acts calculated to impair their usefulness as part of
the canal.
Article IV.
It is agreed that no change of territorial sovereignty or of
the international relations of the country or countries traversed
by the before-mentioned qanal shall affect the general principle
of neutralization or the obUgation of the High Contracting
Parties under the present Treaty.
No. 190. Chinese Exclusion Act
April ag, zgoa
A BILL to prohibit the coming of Chinese and persons of Chinese descent
into the United States, and to regulate the residence of Chinese therein, was
introduced in the House, January 18, 1902, by Julius Kahn of Calif omia,
and referred to the Committee on Foreign Affairs. The immediate occa-
sion of the biU was the approaching expiration, by limitation, of the " Geary
act" of 1892. A substitute bill, reported by James B. Perkins of New York,
March 26, was foUowed, April i, by another substitute bill and a minority
report £ded by Champ Clark of Missouri. The substitute bill of the com-
mittee was taken up April 4, and on the 7th passed the House, with amend-
ments, without a division. The Senate Committee on Immigration reported
the bill without amendment, but on April 17 a bill on the same subject,
introduced January 16 by John H. MitcheU of Oregon, and passed by the
Senate AprU 16, was substituted for the House bill and the bill was passed.
Two conference committees were necessary before the bill received its final
form. The report of the second conference committee was accepted by
both houses April 28, and the next day the act was approved.
References. — Text in U. S. Stat, at Large, XXXII., Part I, 176, 177.
For the debates see the Cong. Record, 57th Cong., ist Sess.; a summary
> Signed : "John Hay, Pauncefote." — Ed.
I9021 CHINESE EXCLUSION ACT 617
statement of the differences between the reports of the first and second
conference committees is in iWrf., p. 4709. The Perkins report is House
Report 1 231 . On the Mitchell substitute, said to embody the views of Pacific
Coast senators and representatives, see Senate Report 776, The most in^x>r-
tant work on the general subject is Coolidge, Chinese Immigration (1909).
An Act To prohibit the coming into and to regulate the residence within
the United States, its Territories, and all territory under its jurisdiction,
and the District of Columbia, of Chinese and persons of Chinese descent.
Be it enacted . . . , That all laws now in force prohibiting
and regulating the coming of Chinese persons, and persons of
Chinese descent, into the United States, and the residence of
such persons therein .... be, and the same are hereby, re-
enacted, extended, and continued so far as the same are not
inconsistent with treaty obligations, until otherwise provided
by law, and said laws shall also apply to the island territory
under the jurisdiction of the United States, and prohibit the
immigration of Chinese laborers, not citizens of the United
States, from such island territory to the mainland territory of
the United States, whether in such island territory at the time
of cession or not, and from one portion of the island territory
of the United States to another portion of said island territory :
Providedy however, That said laws shall not apply to the transit
of Chinese laborers from one island to another island of the same
group; and any islands within the jurisdiction of, any State
or the District of Alaska shall be considered a part of the main-
land under this section.
Sec. 2. That the Secretary of the Treasury is hereby author-
ized and empowered to make and prescribe, and from time to
time to change, such rules and regulations not inconsistent
with the laws of the land as he may deem necessary and proper
to execute the provisions of this Act and of the Acts hereby
extended and continued and of the treaty of . . . [December 8,
1894,] . . . between the United States and China, and with the
approval of the President to appoint such agents as he may deem
necessary for the efficient execution of said treaty and said Acts.
Sec. 3. That nothing in the provisions of this Act or any
other Act shall be construed to prevent, hinder, or restrict
any foreign exhibitor, representative, or citizen of any foreign
6l8 CONSTRUCTION OF AN ISTHMIAN CANAL [June aS
nation, or tlie holder, who is a citizen of any foreign nation, of
any concession or privilege from any fair or exposition author-
ized by Act of Congress from bringing into the United States,
under contract, such mechanics, artisans, agents, or other
employees, natives of their respective foreign countries, as
they or any of them may deem necessary for the purpose of mak-
ing preparation for installing or conducting their exhibits or of
preparing for installing or conducting any business authorized
or permitted under or by virtue of or pertaining to any conces-
sion or privilege which may have been or may be granted by
any said fair or exposition in connection with such exposition,
under such rules and regulations as the Secretary of the Treasury
may prescribe, both as to the admission and return of such
person or persons.
Sec. 4. That it shall be the duty of every Chinese laborer,
other than a citizen, rightfully in, and entitled to remain in any
of the insular territory of the United States (Hawaii excepted)
at the time of the passage of this Act, to obtain within one year
thereafter a certificate of residence in the insular territory
wherein he resides, which certificate shall entitle him to residence
therein, and upon failure to obtain such certificate as herein
provided he shall be deported from such insular territory ; and
the Philippine Commission is authorized and required to make
all regulations and provisions necessary for the enforcement
of this section in the Philippine Islands, including the form and
substance of the certificate of residence so that the same shall
clearly and suflSciently identify the holder thereof and enable
officials to prevent fraud in the transfer of the same . . .
Approved, April 29, 1902.
No. 191. Act for the Construction of an
Isthmian Canal
June a8, 190a
A BILL for the construction of an isthmian canal was introduced in the
House, December 6, 1901, by William P. Hepburn of Iowa, and referred
to the Committee on Inleistate and Foreign Commerce. On the 19th
1902] CONSTRUCTION OF AN ISTHMIAN CANAL 619
the bill was reported with amendments, and on January 7, 1902, passed
by a vote of 308 to 2, i answering " present '^ and 44 not voting. The
Senate Committee on Interoceanic Canal reported the bill, March 13, 1902,
without amendment. The bill was taken up in the Senate April 17, and
June 19 passed with amendments by a vote of 67 to 6, 15 not voting. The
House accepted the Senate amendments, and June 28 the act was approved.
An act of June 29, 1906, authorized the construction of a lock canal across
the Isthmus of Panama, " of the general type proposed by the minority of
the Board of Consulting Engineers'' created by order of President Roose-
velt, January 24, 1905.
References. — Text in U, S. SUU. <U Large, XXXII., Part I, 481-484.
For the debates see the Cong. Record y 57th Cong., ist Sess. Senate Report i
is a comprehensive history of the canal question. The Hepburn report of
December 19 is House Report 15 ; the Morgan report of March 13 is Senate
Report 783. The Senate hearings on the House bill form Senate Doc. 253.
Senate Report 1337 and Senate Doc. 5, 56th Cong., 2d Sess., are also valuable.
On the general subject see W. F. Johnson, Four Centuries of the Canal
(1906).
An Act To provide for the construction of a canal connecting the waters
of the Atlantic and Pacific oceans.
Be it enacted, . . . That the President of the United States
is hereby authorized to acquire, for and on behalf of the United
States, at a cost not exceeding forty millions of dollars, the
rights, privileges, franchises, concessions, grants of land, right
of way, unfinished work, plants, and other property, real,
personal, and mixed, of every name and nature, owned by the
New Panama Canal Company, of France, on the Isthmus of
Panama, and all its maps, plans, drawings, records on the
Isthmus of Panama and in Paris, including all the capital
stock, not less, however, than sixty-eight thousand eight hun-
dred and sixty-three shares of the Panama Railroad Company,
owned by or held for the use of said canal company, provided
a satisfactory title to all of said property can be obtained.
Sec. 2. That the President is hereby authorized to acquire
from the Republic of Colombia, for and on behalf of the United
States, upon such terms as he may deem reasonable, perpetual
control of a strip of land, the territory of the Republic of Colom-
bia, not less than six miles in width, extending from the Carib-
bean Sea to the Pacific Ocean, and the right to use and dispose
of the waters thereon, and to excavate, construct, and to per-
petually maintain, operate, and protect thereon a canal, of such
depth and capacity as will afford convenient passage of ships
620 CONSTRUCTION OF AN ISTHMIAN CANAL [June 28
of the greatest tonnage and draft now in use, from the Carib-
bean Sea to the Pacific Ocean, which control shall include the
right to perpetually maintain and operate the Panama Rail-
road, if the ownership thereof, or a controlling interest therein,
shall have been acquired by the United States, and also juris-
diction over'^d strip and the ports at the ends thereof to make
such poUce and sanitary rules and regulations as shall be neces-
sary to preserve order and preserve the public health thereon,
and to estabUsh such judicial tribunals as may be agreed upon
thereon as may be necessary to enforce such rules and regu-
lations.
The President may acquire such additional territory and
rights from Colombia as in his judgment will facilitate the gen-
eral purpose hereof.
Sec. 3. That when the President shall have arranged to
secure a satisfactory title to the property of the New Panama
Canal Company, as provided in section one hereof, and shall
have obtained by treaty control of the necessary territory
from the Republic of Colombia, as provided in section two
hereof, he is authorized to pay for the property of the New Pan-
ama Canal Company forty miUions of dollars and to the Republic
of Colombia such sum as shall have been agreed upon . . .
The President shall then through the Isthmian Canal
Commission hereinafter authorized cause to be excavated,
constructed, and completed, utilizing to that end as far as prac-
ticable the work heretofore done by the New Panama Canal
Company, of France, and its predecessor company, a ship canal
from the Caribbean Sea to the Pacific Ocean. Such canal shall
be of suflScient capacity and depth as shall afford convenient
passage for vessels of the largest tonnage and greatest draft
now in use, and such as may be reasonably anticipated, and
shall be supplied with all necessary locks and other appliances
to meet the necessities of vessels passing through the same
from ocean to ocean ; and he shall also cause to be constructed
such safe and conmiodious harbors at the termini of said canal,
and make such provisions for defense as may be necessary for
the safety and protection of said canal and harbors. . . .
Sec. 4. That should the President be unable to obtain for
the United States a satisfactory title to the property of the
1902] CONSTRUCTION OF AN ISTHMIAN CANAL 621
New Panama Canal Company and the control of the necessary
territory of the Republic of Colombia and the rights mentioned
in sections one and two of this Act, within a reasonable time
and upon reasonable terms, then the President, having first
obtained for the United States perpetual control by treaty of
the necessary territory from Costa Rica and Nicaragua, upon
terms which he may consider reasonable, for the construction,
perpetual maintenance, operation, and protection of a canal
connecting the Caribbean Sea with the Pacific Ocean by what
is commonly known as the Nicaragua route, shall through the
said Isthmian Canal Conmiission cause to be excavated and
constructed a ship canal and waterway from a point on the
shore of the Caribbean Sea near Greytown, by way of Lake
Nicaragua, to a point near Brito on the Pacific Ocean . . .
In the excavation and construction of said canal the San
Juan River and Lake Nicaragua, or such parts of each as may
be made available, shall be used.
Sec. 5. That the sum of ten million dollars is hereby appro-
priated, out of any money in the Treasury not otherwise appro-
priated, toward the project herein contenJplated by either route
so selected.
And the President is hereby authorized to cause to be entered
into such contract or contracts as may be deemed necessary
for the proper excavation, construction, completion, and defense
of said canal, harbors, and defenses, by the route finally deter-
mined upon under the provisions of this Act. Appropriations
therefor shall from time to time be hereafter made, not to exceed
in the aggregate the additional sum of one hundred and thirty-
five millions of dollars should the Panama route be adopted,
or one hundred and eighty miUions of dollars should the Nica-
ragua route be adopted.
Sec. 6. That in any agreement with the Republic of Colom-
bia, or with the States of Nicaragua and Costa Rica, the Presi-
dent is authorized to guarantee to said Republic or to said
States the use of said canal and harbors, upon such terms as
may be agreed upon, for all vessels owned by said States or by
citizens thereof.
Sec. 7. That to enable the President to construct the canal
622 CONSTRUCTION OF AN ISTHMIAN CANAL [June 28
and works appurtenant thereto as provided in this Act, there is
hereby created the Isthmian Canal Commission, the same to
be composed of seven members, who shall be nominated and
appointed by the President, by and with the advice and consent
of the Senate, and who shall serve until the completion of said
canal unless sooner removed by the President. ... Of the
seven members of said Conmiission at least four of them shall
be persons learned and skilled in the science of engineering,
and of the four at least one shall be an officer of the United
States Army, and at least one other shall be an officer of the
United States Navy, the said officers respectively being either
upon the active or the retired Ust of the Army or of the Navy.
... In addition to the members of said Isthmian Canal Com-
mission, the President is hereby authorized through said Com-
mission to employ in said service any of the engineers of the
United States Army at his discretion, and likewise to employ
any engineers in civil life, at his discretion, and any other per-
sons necessary for the proper and expeditious prosecution of
said work. . . . Said Commission shall in all matters be sub-
ject to the direction and control of the President, and shall
make to the President annually and at such other periods as
may be required, either by law or by the order of the President,
full and complete reports of all their actings and doings and of
all moneys received and expended in the construction of said
work and in the performance of their duties in connection there-
with, which said reports shall be by the President transmitted
to Congress. And the said Commission shall furthermore give
to Congress, or either House of Congress, such information as
may at any time be required either by Act of Congress or by
the order of either House of Congress. . . .
[Sec. 8 authorizes a bond issue of $130,000,000 to defray
expenses.]
Approved, June 28, 1902.
igoal PANAMA CANAL TREATY 623
No. 192. Panama Canal Treaty
November z8, 1903
The rejection b^ the Senate of the Colombian Congress, August 12, 1903,
of the Hay-Herran convention of January 22 for the lease of a strip of terri-
tory six miles wide across the Isthmus of Panama was followed, in the first
week of November, by a revolution at Colon, the recognition of the de facto
government, and the reception by President Roosevelt of Bunau-Varilla,
the minister of the new Republic of Panama. The treaty of November 18
was ratified by Panama December 2, and by President Roosevelt February
25, 1904, and the next day was proclaimed. An act of April 28 vested in the
President powers of temporary government in the Canal 2k>ne. An act
of August 24, 191 2, provided a permanent form of government and exempted
American coastwise vessels from the payment of tolls; but by an act of
June 15, 1914, tolls of not less than 75 cents nor more than $1.25 per regis-
tered ton were authorized, subject to the provisions of the treaty of Novem-
ber 18, 1903, with Panama, and without waiver of the rights of the United
States, imder the treaty of November 18, 1901, with Great Britain (No. 189)
or the treaty of 1903, with Panama, to discriminate in favor of its own citi-
zens in the matter of tolls, or respecting its sovereignty over or control of
the canal.
References. — Text in U. S. Stat, at Large t XXXIII., Part I, 2234-2241.
On the course of the United States in the acquisition of the Canal 2k>ne
see Latan6, America as a World Power, ch. 12, and references there cited.
Article I.
The United States guarantees and will maintain the inde-
pendence of the Republic of Panama.
Article II.
The Republic of Panama grants to the United States in per-
petuity the use, occupation and control of a zone of land and
land under water for the construction, maintenance, operation,
sanitation and protection of said Canal of the width of ten
miles extending to the distance of five miles on each side of
the center line of the route of the Canal to be constructed;
the said zone beginning in the Caribbean Sea three marine
miles from mean low water mark and extending to and across
the Isthmus of Panama into the Pacific ocean to a distance of
three marine miles from mean low water mark with the proviso
624 PANAMA CANAL TREATY [November i8
that the cities of Panama and Colon and the harbors adjacent
to said cities, which are included within the boundaries of the
zone above described, shall not be included within this grant.^
The Republic of Panama further grants to the United States
in perpetuity the use, occupation and control of any other
lands and waters outside of the zone above described which
may be necessary and convenient for the construction, main-
tenance, operation, sanitation and protection of the said Canal
or of any auxiliary canals or other works necessary and con-
venient for the construction, maintenance, operation, sanita-
tion and protection of the said enterprise.
The Republic of Panama further grants in like manner to
the United States in perpetuity all islands within the limits of
the zone above described and in addition thereto the group of
small islands in the Bay of Panama, named Perico, Naos,
Culebra and Flamenco.
Article III.
The Republic of Panama grants to the United States all the
rights, power and authority within the zone mentioned and
described in Article 11 of this agreement and within the limits
of all auxiliary lands and waters mentioned and described in
said Article II which the United States would possess and exer-
cise if it were the sovereign of the territory within which SEiid
lands and waters are located to the entire exclusion of the exer-
cise by the Republic of Panama of any such sovereign rights,
power or authority.
Article IV.
As rights subsidiary to the above grants the Republic of
Panama grants in perpetuity to the United States the right to
use the rivers, streams, lakes and other bodies of water within
its limits for navigation, the supply of water or water-power
or other purposes, so far as the use of said rivers, streams, lakes
and bodies of water and the waters thereof may be necessary
and convenient for the construction, maintenance, operation,
sanitation and protection of the said Canal.
^ A treaty with Panama defining the boundary of the Canal Zone was ccmduded
September 2, 1814 iU. S. Stat, at Large, XXXVIII., Part 2, 1893-1907).
1903I PANAMA CANAL TREATY 625
Article V.
The Republic of Panama grants to the United States in per-
petuity a monopoly for the construction, maintenance and
operation of any system of communication by means of canal
or railroad across its territory between the Caribbean Sea and
the Pacific ocean.
Article VI.
[Existing private rights not invalidated. Damages to be
appraised by a joint commission, and awards to be paid by the
United States.]
Article VII.
The Republic of Panama grants to the United States within
the limits of the cities of Panama and Colon and their adjacent
harbors and within the territory adjacent thereto the right to
acqxiire by purchase or by the exercise of the right of eminent
domain, any lands, builcUngs, water rights or other properties
necessary and convenient for the construction, maintenance,
operation and protection of the Canal and of any works of
sanitation, such as the collection and disposition of sewage
and the distribution of water in the said cities of Panama and
Colon, which, in the discretion of the United States may be
necessary and convenient for the construction, maintenance,
operation, sanitation and protection of the said Canal and rail-
road. All such works of sanitation, collection and disposition of
sewage and distribution of water in the cities of Panama and
Colon shall be made at the expense of the United States, and
the Government of the United States, its agents or nominees
shall be authorized to impose and collect water rates and sewer-
age rates which shall be suflScient to provide for the payment
of interest and the amortization of the principal of the cost of
said works within a period of fifty years and upon the expiration
of said term of fifty years the system of sewers and water works
shall revert to and become the proj)erties of the cities of Panama
and Colon respectively, and the use of the water shall be free
to the inhabitants of Panama and Colon, except to the extent
626 PANAMA CANAL TREATY [November i8
that water rates may be necessary for the operation and main-
tenance of said system of sewers and water.
The Republic of Panama agrees that the cities of Panama
and Colon shall comply in perpetuity with the sanitary ordi-
nances whether of a preventive or curative character prescribed
by the United States and in case the Government of Panama is
imable or fails in its duty to enforce this compliance by the
cities of Panama and Colon with the sanitary ordinances of the
United States the Republic of Panama grants to the United
States the right and authority to enforce the same.
The same right and authority are granted to the United States
for the maintenance of public order in the cities of Panama
and Colon and the territories and harbors adjacent thereto
in case the Republic of Panama should not be, in the judgment
of the United States, able to maintain such order.
Article Vin.
The Republic of Panama grants to the United States all
rights which it now has or hereafter may acquire to the property
^ of the New Panama Canal Company and the Panama Rail-
road Company as a result of the transfer of sovereignty from
the Republic of Colombia to the Republic of Panama over the
Isthmus of Panama and authorizes the New Panama Canal
Company to sell and transfer to the United States its rights,
privileges, properties and concessions as well as the Panama
Railroad and all the shares or part of the shares of that com-
pany ; but the public lands situated outside of the zone described
in Article II of this treaty now included in the concessions to both
said enterprises and not required in the construction or opera-
tion of the Canal shall revert to the Republic of Panama except
any property now owned by or in the possession of said com-
panies within Panama or Colon or the ports or terminals thereof.
•
Article DC.
The United States agrees that the ports at either entrance
of the Canal and the waters thereof, and the Republic of Panama
agrees that the towns of Panama and Colon shall be free for
iQoal PANAMA CANAL TREATY 627
all time so that there shall not be imposed or collected custom
house tolls, tomiage, anchorage, lighthouse, wharf, pilot, or
quarantine dues or any other charges or taxes of any kind
upon any vessel using or passing through the Canal or belonging
to or employed by the United States, directly or indirectly,
in connection with the construction, maintenance, operation,
sanitation and protection of the main Canal, or auxiUary works,
or upon the cargo, oflScers, crew, or passengers of any such
vessels, except such tolls and charges as may be imposed by
the United States for the use of the Canal and other works,
and except tolls and charges imposed by the Republic of Panama
upon merchandise destined to be introduced for the consumption
of the rest of the RepubUc of Panama, and upon vessels touch-
ing at the ports of Colon and Panama and which do not cross
the Canal. . .
Article X.
The Republic of Panama agrees that there shall not be im-
posed any taxes, national, municipal, departmental, or of any
other class, upon the Canal, the railways and auxiliary works,
tugs and other vessels employed in the service of the Canal,
store houses, work shops, oflSces, quarters for laborers, factories
of all kinds, warehouses, wharves, machinery and other works,
property, and effects appertaining to the Canal or railroad and
auxiliary works, or their oflScers or employees, situated within
the cities of Panama and Colon, and that there shall not be
imposed contributions or charges of a personal character of any
kind upon oflScers, employees, laborers, and other individuals
in the service of the Canal and railroad and auxiUary works.
Article XI.
The United States agrees that the oflScial dispatches of the
Government of the Republic of Panama shall be transmitted
over any telegraph and telephone lines established for canal
purposes and used for public and private business at rates not
higher than those required from oflScials in the service of the
United States.
628 PANAMA CANAL TREATY [November i8
Article XII.
The Government of the Republic of Panama shall p>ermit
the immigration and free access to the lands and workshops
of the Canal and its auxiliary works of all employees and work-
men of whatever nationality under contract to work upon or
seeking employment upon or in any wise connected with the
said Canal and its auxiliary works, with their respective families,
and all such persons shall be free and exempt from the military
service of the Republic of Panama.
Article Xin.
The United States may import at any time into the said
zone and auxiliary lands, free of custom duties, imposts, taxes,
or other charges, and without any restrictions, any and all
vessels, dredges, engines, cars, machinery, tools, explosives,
materials, supplies, and other articles necessary and convenient
in the construction, maintenance, operation, sanitation and
protection of the Canal and auxiliary works, and all provisions,
medicines, clothirig, supplies and other things necessary and
convenient for the officers, employees, workmen and laborers
in the service and employ of the United States and for their
families.
Article XIV.
As the price or compensation for the rights, powers and
privileges granted in this convention by the Republic of Panama
to the United States, the Government of the United States
agrees to pay to the Republic of Panama the sum of ten million
dollars ($10,000,000) in gold coin of the United States on the
exchange of the ratification of this convention and also an
annual payment during the life of this convention of two hun-
dred and fifty thousand dollars (8250,000) in like gold coin,
beginning nine years after the date aforesaid.
The provisions of this Article shall be in addition to all other
benefits assured to the Republic of Panama under thk con-
vention. . . .
1903I PANAMA CANAL TREATY 629
Article XVI.
Tlfe two Governments shall make adequate provision by
future agreement for the pursuit, capture, imprisonment, deten-
tion and delivery within said zone and auxiliary lands to the
authorities of the RepubUc of Panama of persons charged with
the commitment of crimes, felonies or misdemeanors without
said zone and for the pursuit, capture, imprisonment, detention
and dehvery without said zone to the authorities of the United
States of persons charged with the commitment of crimes,
felonies and misdemeanors within said zone and auxiliary lands.
Article XVIII.
The Canal, when constructed, and the entrances thereto
shall be neutral in perpetuity, and shall be opened upon the
terms provided for by Section i of Article three of, and in con-
formity with all the stipulations of, the treaty entered into by
the Governments of the United States and Great Britain on
November 18, 1901.
Article XIX.
The Government of the Republic of Panama shall have the
right to transport over the Canal its vessels and its troops and
munitions of war in such vessels at all times without paying
charges of any kind. The exemption is to be extended to the
auxiliary railway for the transportation of persons in the service
of the Republic of Panama, or of the police force charged with
the preservation of public order outside of said zone, as well as
to their baggage, munitions of war and supplies.
Article XX.
If by virtue of any existing treaty in relation to the territory
of the Isthmus of Panama, whereof the obligations shall descend
or be assumed by the Republic of Panama, there may be any
privilege or concession in favor of the Government or the citi-
zens and subjects of a third power relative to an interoceanic
means of communication which in any of its terms may be
630 NATURALIZATION ACT [June 39
incompatible with the terms of the present convention, the
RepubUc of Panama agrees to cancel or modify such treaty
in due form ....
Article XXII.
[Rights in prior concessions to be transferred to the United
States.]
No. 193. Naturalization Act
June 29, Z906
Until the passage of the act of 1906, naturalization was in the main regu-
lated by an act of 1802. The report of a Commission on Naturalization
appointed by President Roosevelt March i, 1905, transmitted to Congress
December 5, was followed by the introduction of a number of bills relating
to the subject in both houses. A bill with the same title as that of the act
below, introduced in the House, Febriiary 22, 1906, by Benjamin F. Howell
of New Jersey, passed with amendments, without division, June 5. An
amended form of the bill passed the Senate without division June 27. The
House disagreed to the Senate amendments, and the final form of the bill
was given by a conference committee. Only the most important substantive
provisions of the act are given here.
References. — Text in U. S. Slat, at Large, XXXIV., Part 1, 596-607.
For the debates see the Cong. Record , 59 th Cong., ist Sess. See also House
Report 1789, Senate Report 4373, and the Report of the Commission on Nat-
uralization.
An Act To establish a Bureau of Immigration and Naturalization, and to
provide for a uniform rule for the naturalization of aliens throughout
the United States.
Be it enacted . . . , That the designation of the Bureau of
Immigration in the Department of Commerce and Labor is
hereby changed to the "Bureau of Immigration and Naturaliza-
tion," which said Bureau, under the direction and control of
the Secretary of Commerce and Labor, in addition to the duties
now provided by law, shall have charge of all matters concern-
ing the naturalization of aliens. . . .
i9o6] NATURALIZATION ACT 63 1
Sec. 3. That exclusive jurisdiction to naturalize aliens as
citizens of the United States is hereby conferred upon the fol-
lowing specified courts :
United States circuit and district courts now existing, or
which may hereafter be established by Congress in any State,
United States district courts for the Territories of Arizona,
New Mexico, Oklahoma, Hawaii, and Alaska, the supreme
court of the District of Columbia, and the United States courts
for the Indian Territory ; also all courts of record in any State
or Territory now existing, or which may hereafter be created,
having a seal, a clerk, and jurisdiction in actions at law or equity,
or law and equity, in which the amount in controversy is un-
limited. . . .
Sec. 4. That an alien may be admitted to become a citizen
of the United States in the following manner and not otherwise :
First. He shall declare on oath before the clerk of any court
authorized by this Act to naturalize aliens, or his authorized
deputy, in the district in which such alien resides, two years
at least prior to his admission, and after he has reached the
age of eighteen years, that it is bona fide his intention to become
a citizen of the United States, and to renounce forever all
aUegiance and fidelity to any foreign prince, potentate, state,
or sovereignty, and particularly, by name, to the prince, poten-
tate, state, or sovereignty of which the alien may be at the time
a citizen or subject. . . .
Second. Not less than two years nor more than seven years
after he has made such declaration of intention he shall make
and file, in duplicate, a petition in writing, signed by the appli-
cant in his own hand-writing and duly verified, in which peti-
tion such applicant shall state his full name, his place of resi-
dence (by street and number, if possible), his occupation, and,
if possible, the date and place of his birth ; the place from which
he emigrated, and the date and place of his arrival in the United
States, and, if he entered through a port, the name of the vessel
on which he arrived ; the time when and the place and name
of the court where he declared his intention to become a citizen
of the United States ; if he is married he shall state the name of
his wife and, if possible, the country of her nativity and her
place of residence at the time of filing his petirion ; and if he
632 NATURALIZATION ACT [June 29
has children, the name, date, and place of birth and place of
residence of each child living at the time of the filing of his
petition ....
The petition shall set forth that he is not a disbeUever in or
opposed to orgauized government, or a member of or affiliated
with any organization or body of persons teaching disbelief
in or opposed to organized government, a polygamist or believer
in the practice of polygamy, and that it is his intention to be-
come a citizen of the United States and to renounce absolutely
and forever all allegiance and fidelity to any foreign prince,
potentate, state, or sovereignty, and particularly by name to
the prince, potentate, state, or sovereignty of which he at the
time of filing of his petition may be a citizen or subject, and
that it is his intention to reside permanently within the United
States, and whether or not he has been denied admission as a
citizen of the United States, and, if denied, the ground or
grounds of such denial, the court or courts in which such decision
was rendered, and that the cause for such denial has since been
cured or removed, and every fact material to his naturalization
and required to be proved upon the final hearing of his appli-
cation.
The petition shall also be verified by the affidavits of at least
two credible witnesses, who are citizens of the United States,
and who shall state in their affidavits that they have personally
known the applicant to be a resident of the United States for a
period of at least five years continuously, and of the State,
Territory, or district in which the application is made for a
period of at least one year immediately preceding the date of
the filing of his petition, and that they each have personal
knowledge that the petitioner is a person of good moral char-
acter, and that he is in every way qualified, in their opinion,
to be admitted as a citizen of the United States. . . .
Third. He shall, before he is admitted to citizenship, declare
on oath in open court that he will support the Constitution of
the United States, and that he absolutely and entirely renounces
and abjures all allegiance and fidelity to any foreign prince,
potentate, state, or sovereignty, and particularly by name to
the prince, potentate, state, or sovereignty of which he was
before a citizen or subject ; that he will support and defend the
i9o6] NATURALIZATION ACT 633
Constitution and laws of the United States against all enemies,
foreign and domestic, and bear true faith and allegiance to the
same.
Fourth. It shall be made to appear to the satisfaction of
the court admitting any alien to citizenship that immediately
preceding the date of his application he has resided continu-
ously within the United States five years at least, and \v^thin
the State or Territory where such court is at the time held one
year at least, and that during that time he has behaved as a
man of good moral character, attached to the principles of the
Constitution of the United States, and well disposed to the
good order and happiness of the same. In addition to the
oath of the applicant, the testimony of at least two witnesses,
citizens of the United States, as to the facts of residence, moral
character, and attachment to the principles of the Constitution
shall be required, and the name, place of residence, and occu-
pation of each witness shall be set forth in the record.
Fifth. In case the alien applying to be admitted to citizenship
has borne any hereditary title, or has been of any of the orders
of nobility in the kingdom or state from which he came, he shall,
in addition to the above requisites, make an express renunciation
of his title or order of nobility in the court to which his applica-
tion is made, and his renunciation shall be recorded in the court.
Sixth. When any alien who has declared his intention to
become a citizen of the United States dies before he is actually
naturalized the widow and minor children of such alien may,
by complying with the other provisions of this Act, be natural-
ized without making any declaration of intention.
Sec. 5. [Public notice of petition, etc., to be given.]
Sec. 6. That petitions for naturalization may be made
and filed during term time or vacation of the court and shall
be docketed the same day as filed, but final action thereon shall
be had only on stated days, to be fixed by rule of the court,
and in no case shall final action be had upon a petition until
at least ninety days have elapsed after filing and posting the
notice of such petition : Provided, That no person shall be nat-
uralized nor shall any certificate of naturalization be issued
by any court within thirty days preceding the holding of any
general election within its territorial jurisdiction. . . .
634 NATURALIZATION ACT [June 29
Sec. 7. That no person who disbelieves in or who is opposed
to organized government, or who is a member of or affiliated
with any organization entertaining and teaching such disbelief
in or opposition to organized government, or who advocates
or teaches the duty, necessity, or propriety of the unlawful
assaulting or killing of any officer or officers, either of specific
individuals or of officers generally, of the Government of the
United States, or of any other organized government, because
of his or their official character, or who is a polygamist, shall
be naturalized or be made a citizen of the United States.
Sec. 8. That no alien shall hereafter be naturalized or
admitted as a citizen of the United States who can not speak
the English language: Provided, That this requirement shaU
not apply to aliens who are physically unable to comply there-
with, if they are otherwise qualified to become citizens of the
United States: And provided further, That the requirements
of this section shall not apply to any alien who has prior to the
passage of this Act declared his intention to become a citizen
of the United States in conformity with the law in force at the
date of making such declaration : Provided further. That the
requirements of section eight shall not apply to aliens who shall
hereafter declare their intention to become citizens and who
shall make homestead entries upon the public lands of the
United States and comply in all respects with the laws provid-
ing for homestead entries on such lands.
Sec. 15. . . . If any alien who shall have secured a cer-
tificate of citizenship under the provisions of this Act shall,
within five years after the issuance of such certificate, return
to the country of his nativity, or go to any other foreign country,
and take permanent residence therein, it shall be considered
prima facie evidence of a lack of intention on the part of such
alien to become a permanent citizen of the United States at
the time of filing his application for citizenship, and, in the
absence of countervailing evidence, it shall be sufficient in the
proper proceeding to authorize the cancellation of his certificate
of citizenship as fraudulent, and the diplomatic and consular
officers of the United States in foreign countries shall from time
to time; through the Department of State, furnish the Depart-
1907] CAMPAIGN CONTRIBUTIONS BY CORPORATIONS 635
ment of Justice with the names of those within their respective
jurisdictions who have such certificates of citizenship and who
have taken permanent residence in the country of their nativity,
or in any other foreign country, and such statements, duly
certified, shall be admissible in evidence in all courts in proceed-
ings to cancel certificates of citizenship. . . .
Sec. 23. That any person who knowingly procures naturali-
zation in violation of the provisions of this Act shall be fined
not more than five thousand dollars, or shall be imprisoned not
more than five years, or both, and upon conviction the court
in which such conviction is had shall thereupon adjudge and
declare the final order admitting such person to citizenship void.
Jurisdiction is hereby conferred on the courts having jurisdic-
tion of the trial of such oflFense to make such adjudication. Any
person who knowingly aids, advises, or encourages any person
not entitled thereto to apply for or to secure naturalization,
or to file the preliminary papers declaring an intent to become a
citizen of the United States, or who in any naturalization pro-
ceeding knowingly procures or gives false testimony as to any
material fact, or who knowingly makes an affidavit false as to
any material fact required to be proved in such proceeding,
shall be fined not more than five thousand dollars, or imprisoned
not more than five years, or both.
Approved, Jime 29, 1906.
No. 194. Prohibition of Campaign Con-
tributions by Corporations
January a6, 1907
A BILL to prohibit money contributions by corporations in connection
with political elections, said to be identical ^nth a bill introduced in 1901
by William £. Chandler of New Hampshire but not acted upon, was intro-
duced in the Senate, February 19, 1906, by Benjamin R. Tillman of South
Carolina, and on June 9 passed without a division. In the House the bill
was referred to the Committee on Election of President and Vice-President
636 IMMIGRATION ACT [Febiiiaiy jo
and Representatives in Congress, but no further action was taken during
the session. January 15, 1907, in the second session, the bill was reported
with amendments, and on the 21st passed without a division under susp>en-
sion of the rules. The Senate concurred in the House amendments, and
on the 26th the act was approved. An act of June 25, 1910 (amended Au-
gust 19, 191 1, and August 23, 191 2), provided for publicity of political
contributions in Congressional elections.
References. — Text in U. S. Stat, at Large, XXXIV., Part I, 864, 865.
The debate was unimportant. See Senate Report 3056, 59th Cong., ist
Sess., and House Report 6397, 59th Cong., 2d Sess.
An Act To prohibit corporations from making money contributions in con-
nection with political elections.
Be it enacted . . . , That it shall be unlawful for any national
bank, or any corporation organized by authority of any laws
of Congress, to make a money contribution in connection with
any election to any political oiEce. It shall also be unlawful
for any corporation whatever to make a money contribution
in connection with any election at which Presidential and Vice-
Presidential electors or a Representative in Congress is to be
voted for or any election by any State legislature of a United
States Senator. Every corporation which shall make any
contribution in violation of the foregoing provisions shall be
subject to a fine not exceeding five thousand dollars, and every
officer or director of any corporation who shall consent to any
contribution by the corporation in violation of the foregoing
provisions shall upon conviction be punished by a fine of not
exceeding one thousand and not less than two hundred and
fifty dollars, or by imprisonment for a term of not more than
one year, or both such fine and imprisonment in the discretion
of the court.
Approved, January 26, 1907.
No. 195. Immigration Act
February ao, 1907
A COMPREHENSIVE Ect to rcguIate immigration was passed March 3,
190^, and an amendatory act March 22, 1904. A bill further to regulate
IQ07] IMMIGRATION ACT 637
the immigration of aliens, introduced in the Senate, February 14, 1906, by
William P. Dillingham of Vermont, was reported with amendments March
29, and May 23 passed without a division. On the 29th the bill was re-
ported with amendments in the House, and June 5 was recommitted. It
was reported back on the nth, and on the 25th passed without a division.
The Senate disagreed to the House amendments, and the bill went to a
conference committee. No further action was taken during the session.
At the next session, February 13, 1907, the report of the conference conunit-
tee was submitted, and was accepted by the Senate on the i6th and by the
House on the 19th. The next day the act was approved. Only the most
important substantive provisions of the act are given here.
References. — Text in U. S. Stat, at Large, XXXIV., Part I, 898-911.
For the debates see the Cong. Record, 59th Cong., ist and 2d Sess. See
also Senate Report 2186 and House Reports 4558 and 4912, 59th Cong.,
2d Sess.
An Act To regulate the immigration of aliens into the United States.
Be it enacted . . . , That there shall be levied, collected, and
paid a tax of four dollars for every alien entering the United
States. The said tax shall be paid to the collector of customs
of the port or customs district to which said alien shall come,
or, if there be no collector at such port or district, then to the
collector nearest thereto, by the master, agent, owner, or con-
signee of the vessel, transportation line, or other conveyance
or vehicle bringing such alien to the United States. The
money thus collected, together with all fines and rentals col-
lected under the laws regulating the immigration of aliens into
the United States, shall be paid into the Treasury of the United
States, and shall constitute a permanent appropriation to be
called the "immigrant fund,*' to be used under the direction
of the Secretary of Commerce and Labor to defray the expense
of regulating the immigration of aliens into the United States
under said laws, including the contract labor laws, the cost of
reports of decisions of the Federal courts, and digest thereof,
for the use of the Commissioner-General of Immigration, and
the salaries and expenses of all officers, clerks, and employees
appointed to enforce said laws. The tax imposed by this
section shall be a lien upon the vessel, or other vehicle of carriage
or transportation bringing such aliens to the United States, and
shall be a debt in favor of the United States against the owner
or owners of such vessel, or other vehicle, and the payment of
638 IMMIGRATION ACT [February 20
such tax may be enforced by any legal or equitable remedy.
That the said tax shall not be levied upon aliens who shall
enter the United States after an uninterrupted residence of at
least one year, immediately preceding such entrance, in the
Dominion of Canada, Newfoundland, the Republic of Cuba,
or the Republic of Mexico, nor upon otherwise admissible
residents of any possession of the United States, nor upon aliens
in transit through the United States, nor upon aliens who have
been lawfully admitted to the United States and who later
shall go in transit from one part of the United States to another
through foreign contiguous territory : . . . . Provided further^
That the provisions of this section shall not apply to aliens
arriving in Guam, Porto Rico, or Hawaii ; but if any such alien,
not having become a citizen of the United States, shall later
arrive at any port or place of the United States on the North
American Continent the provisions of this section shall apply :
Provided further /'Th2Lt whenever the President shall be satisfied
that passports issued by any foreign government to its citizens
to go to any country other than the United States or to any
insular possession of the United States or to the Canal Zone
are being used for the purpose of enabling the holders to come
to the continental territory of the United States to the detri-
ment of labor conditions therein, the President may refuse
to permit such citizens of the country issuing such passports
to enter the continental territory of the United States from such
other country or from such insular possessions or from the Canal
Zone.
Sec. 2. That the following classes of aliens shall be excluded
from admission into the United States: All idiots, imbeciles,
feeble-minded persons, epileptics, insane persons, and persons
who have been insane within five years previous ; persons who
have had two or more attacks of insanity at any time previously ;
paupers ; persons likely to become a public charge ; professional
beggars; persons afiiicted with tuberculosis or with a loath-
some or dangerous contagious disease; persons not compre-
hended within any of the foregoing excluded classes who are
found to be and are certified by the examining surgeon as being
mentally or physically defective, such mental or physical
defect being of a nature which may affect the ability of such
19071 IMMIGRATION ACT 639
alien to earn a living ; persons who have been convicted of or
admit having committed a felony or other crime or misdemeanor
involving moral turpitude ; polygamists, or persons who admit
their belief in the practice of polygamy, anarchists, or persons
who believe in or advocate the overthrow by force or violence of
the Government of the United States, or of all government, or
of all forms of law, or the assassination of public officials ; [per-
sons coming for immoral purposes ;] persons hereinafter called
contract laborers, who have been induced or solicited to migrate
to this country by offers or promises of employment or in con-
sequence of agreements, oral, written or printed, express or
implied, to perform labor in this country of any kind, skilled
or imskilled ; those who have been, within one year from the
date of application for admission to the United States, deported
as having been induced or solicited to migrate as above
described ; any person whose ticket or passage is paid for with
the money of another, or who is assisted by others to come,
unless it is affirmatively and satisfactorily shown that such
person does not belong to one of the foregoing excluded classes,
and that said ticket or passage was not paid for by any corpora-
tion, association, society, municipality, or foreign government,
either directly or indirectly; all children under sixteen years
of age, unaccompanied by one or both of their parents, at the
discretion of the Secretary of Commerce and Labor or imder
such regulations as he may from time to time prescribe : Pfo-
fridedf That nothing in this Act shall exclude, if otherwise admis-
sible, persons convicted of an offense purely political, not
involving moral turpitude : Provided further, That the provisions
of this section relating to the payments for tickets or passage
by any corporation, association, society, municipality, or foreign
government shall not apply to the tickets or passage of aliens
in immediate and continuous transit through the United States
to foreign contiguous territory: And provided further, That
skilled labor may be imported if labor of like kind unemployed
can not be found in this country: And provided further, That
the provisions of this law applicable to contract labor shall
not be held to exclude professional actors, artists, lecturers,
singers, ministers of any religious denomination, professors
for colleges or seminaries, persons belonging to any recognized
640 IMMIGRATION ACT [Febniaiy 20
learned profession, or persons employed strictly as personal
or domestic servants.
Sec. 6. That it shall be unlawful ... to assist or encour-
age the importation or migration of any alien by promise of
employment through advertisements printed and published
in any foreign country ; and any alien coming to this country
in consequence of such an advertisement shall be treated as
coming under promise or agreement as contemplated in section
two of this Act . . . : Provided, That this section shall not
apply to State or Territories, the District of Columbia, or
places subject to the jurisdiction of the United States advertising
the inducements they offer for immigration thereto, respect-
ively.
Sec. 7. That no transportation company or owner or
owners of vessels, or others engaged in transporting aliens into
the United States, shall, directly or indirectly, either by writ-
ing, printing, or oral representation, solicit, invite, or encour-
age the immigration of any aliens into the United States, but
this shall not be held to prevent transportation companies
from issuing letters, circulars, or advertisements, stating the
sailings of their vessels and terms and facilities of transporta-
tion therein ....
Sec. 8. That any person, including the master, agent,
owner, or consignee of any vessel, who shall bring into or land
in the United States, by vessel or otherwise, or who shall attempt,
by himself or through another, to bring into or land in the
United States, by vessel or otherwise, any alien not duly ad-
mitted by an immigrant inspector or not lawfully entitled to
enter the United States shall be deemed guilty of a misdemeanor,
and shall, on conviction, be punished by a fine not exceeding
one thousand dollars, or by imprisonment for a term not exceed-
ing two years, or by both such fine and imprisonment for each
and every alien so landed or brought in or attempted to be
landed or brought in.
Sec. 9. That it shall be unlawful for any person, including
any transportation company other than railway lines entering
the United States from foreign contiguous territory, or the
owner, mast«r, agent, or consignee of any vessel to bring to
iQoy] IMMIGRATION ACT 641
the United States any alien subject to any of the following dis-
abilities : Idiots, imbeciles, epileptics, or persons afflicted with
tuberculosis or with a loathsome or dangerous contagious dis-
case • • • •
Sec. 10. That the decision of the board of special inquiry,
hereinafter provided for, based upon the certificate of the
examining medical officer, shall be final as to the rejection of
aliens affected with tuberculosis or with a loathsome or danger-
ous contagious disease, or with any mental or physical dis-
ability which would bring such aliens within any of the classes
excluded from admission to the United States under section
two of this Act.
Sec. II. That upon the certificate of a medical officer of
the United States Public Health and Marine Hospital Service
to the effect that a rejected alien is helpless from sickness,
mental or physical disability, or infancy, if such alien is accom-
panied by another alien whose protection or guardianship is
required by such rejected alien, such accompanying alien may
also be excluded, and the master, agent, owner, or consignee of
the vessel in which such alien and accompanying alien are
brought shall be required to return said alien and accompany-
ing alien in the same manner as vessels are required to return
other rejected aliens.
Sec. 19. That all aliens brought to this country in viola-
tion of law shall, if practicable, be immediately sent back to
the country whence they respectively came on the vessels
bringing them. The cost of their maintenance while on land,
as well as the expense of the return of such aliens, shall be borne
by the owner or owners of the vessels on which they respectively
came; and if any master, person in charge, agent, owner, or
consignee of any such vessel shall refuse to receive back on
board thereof, or on board of any other vessel owned or operated
by the same interests, such aliens, or shall fail to detain them
thereon, or shall refuse or fail to return them to the foreign
pK)rt from which they came, or to pay the cost of their main-
tenance while on land, or shall make any charge for the return
of any such alien, or shall take any security from him for the
{>ayment of such charge, such master, person in charge, agent,
2T
642 IMMIGRAtlON ACT [February 20
owner, or consignee shall be deemed guilty of a misdemeanor
and shall, on conviction, be punished by a fine of not less than
three hundred dollars for each and every such offense ; and no
vessel shall have clearance from any port of the United States
while any such fine is unpaid : Provided^ That the Commissioner-
General of Immigration, with the approval of the Secretary
of Commerce and Labor, may suspend, upon conditions to be
prescribed by the Commissioner-General of Immigration, the
deportation of any alien found to have come in violation of any
provision of this Act, if, in his judgment, the testimony of
such alien is necessary on behalf of the United States Govern-
ment in the prosecution of offenders against any provision of
this Act : Promded, That the cost of maintenance of any per-
son so detained resulting from such suspension of deportation
shall be paid from the "immigrant fund" but no alien certified,
as provided in section seventeen of this Act, to be suffering from
tuberculosis or from a loathsome or dangerous contagious disease
other than one of quarantinable nature shall be permitted to
land for medical treatment thereof in any hospital in the United
States, unless with the express permission of the Secretary of
Commerce and Labor : Provided^ That upon the certificate of a
medical officer of the United States Public Health and Marine-
Hospital Service to the effect that the health or safety of an
insane alien would be unduly imperiled by immediate deporta-
tion, such alien may, at the expense of the "immigrant fund,"
be held for treatment until such time as such alien may, in the
opinion of such medical officer, be safely deported.
Sec. 20. That any alien who shall enter the United States
in violation of law, and such as become public charges from
causes existing prior to landing, shall, upon the warrant of the
Secretary of Commerce and Labor, be taken into custody and
deported to the country whence he came at any time within
three years after the date of his entry into the United States.
Such deportation, including one-half of the entire cost of removal
to the port of deportation, shall be at the expense of the con-
tractor, procurer, or other person by whom the alien was un-
lawfully induced to enter the United States, or, if that can not
be done, then the cost of removal to the port of deportation
shall be at tjie expense of the "immigrant fund" provided for
I907] IMMIGRATION ACT 643
in section one of this Act, and the deportation from such port
shall be at the expense of the owner or owners of such vessel
or transportation line by which such aliens respectively came . . .
Sec. 21. That in case the Secretary of Commerce and Labor
shall be satisfied that an alien has been found in the United
States in violation of this Act, or that an alien is subject to
deportation under the provisions of this Act or of any law of
the United States> he shall cause such alien within the period
of three years after landing or entry therein to be taken into
custody and returned to the country whence he came, as pro-
vided by section twenty of this Act, and a failure or refusal
on the part of the masters, agents, owners, or consignees of
vessels to comply with the order of the Secretary of Conmierce
and Labor to take on board, guard safely, and return to the
country whence he came any alien ordered to be deported
under the provisions of this Act shall be punished by the imposi-
tion of the penalties prescribed in section nineteen of this Act :
Provided^ That when in the opinion of the Secretary of Com-
merce and Labor the mental or physical condition of such alien
is such as to require personal care and attendance, he may em-
ploy a suitable person for that purpose, who shall accompany
such alien to his or her final destination, and the expe;nse incident
to such service shall be defrayed in like manner.
Sec. 22. That the Commissioner-General of Immigration,
in addition to such other duties as may by law be assigned to
him, shall, under the direction of the Secretary of Conmierce
and Labor, have charge of the administration of all laws relat-
ing to the inunigration of aliens into the United States, and shall
have the control, direction, and supervision of all officers,
clerks, and employees appointed thereunder. . . .
Sec. 29. That the circuit and district courts of the United
States are hereby invested with full and concurrent jurisdiction
of all causes, civil and criminal, arising under any of the provi-
sions of this Act.
Sec. 37. That whenever an alien shall have taken up his
permanent residence in this country, and shall have filed his
644 ACT RELATING TO EXPATRIATION [March a
declaration of intention to become a citizen, and thereafter
shall send for his wife, or minor children to join him, if said
wife or any of said children shall be found to be affected with
any contagious disorder, such wife or children shall be held,
under such regulations as the Secretary of Commerce and Labor
shall prescribe, imtil it shall be determined whether the disorder
will be easily curable, or whether they can be permitted to
land without danger to other persons ; and they shall not be
either admitted or deported imtil such facts have been ascer-
tained ; and if it shall be determined that the disorder is easily
curable or that they can be permitted to land without danger
to other persons, they shall, if otherwise admissible, thereupon
be admitted.
Sec. 38. That no person who disbelieves in or who is op-
posed to all organized government, or who is a member of or
affiliated with any organization entertaining and teaching such
disbelief in or opposition to all organized government, or who
advocates or teaches the duty, necessity, or propriety of the
unlawful assaulting or killing of any officer or officers, either
of specific individuals or of officers generally, of the Govern-
ment of flie United States or of any other organized government,
because of his or their official character, shall be permitted
to enter the United States or any territory or place subject to
the jurisdiction thereof. . . .
Sec. 41. That nothing in this Act shall be construed to
apply to accredited officials of foreign governments nor to their
suites, families, or guests.
Approved, February 20, 1907.
No. 196. Act relating to Expatriation
March 2, 1907
In piirsuance of a Senate resolution of April 13, 1906, and of a report
submitted to the House of Representatives June 6, the Secretary of State,
Elihu Root, appointed James 6. Scott, David Jayne Hill and GaUlard Hunt
I9071 ACT RELATING TO EXPATRIATION 645
a board "to inquire into the laws and practice regarding citizenship, expa-
triation, and protection abroad, and to report recommendations for legis-
lation." The submission of the report of the board, which was laid before
Congress December 18, was followed, January 14, 1907, by the introduc-
tion in the House, by James B. Perkins of New York, of a bill relating to
expatriation, which passed on the 21st without a division. On the 27th
an amended biU passed the Senate without a division. The House accepted
the Senate amendments, and March 2 the act was approved.
References. — r«rf in U. S, SkU. at Large, XXXIV., Part i, 1228,
1229. The debate was imimportant. The report of the board is House
Doc. 326, 59th Cong., 2d Sess.
An Act In reference to the expatriation of citizens and their protection
abroad.
Be it enacted . . . , That the Secretary of State shall be
authorized, in his discretion, to issue passports to persons not
citizens of the United States as follows: Where any person
has made a declaration of intention to becqme such a citizen
as provided by law and has resided in the United States for
three years a passport may be issued to him entitling him to
the protection of the Government in any foreign country:
Provided, That such passport shall not be valid for more than
six months and shall not be renewed, and that such passport
shall not entitle the holder to the protection of this Government
in the country of which he was a citizen prior to making such
declaration of intention.
Sec. 2. That any American citizen shall be deemed to have
expatriated himself when he has been naturalized in any foreign
state in conformity with its laws, or when he has taken an oath
of allegiance to any foreign state.
When any naturalized citizen shall have resided for two years
in the foreign state from which he came, or for five years in
any other foreign state it shall be presumed that he has ceased
to be an American citizen, and the place of his general abode
shall be deemed his place of residence during said years : Pro-
vided, however, That such presumption may be overcome on the
presentation of satisfactory evidence to a diplomatic or consular
officer of the United States, under such rules and regulations
as the Department of State may prescribe: And provided also,
That no American citizen shall be allowed to expatriate himself
when this country is at war.
646 ACT RELATING TO EXPATRIATION fMaich a
Sec. 3. That any American woman who marries a foreigner
shall take the nationality of her husband. At the termination
of the marital relation she may resume her American citizen-
ship, if abroad, by registering as an American citizen within
one year with a consul of the United States, or by returning to
reside in the United States, or, if residing in the United States
at the termination of the marital relation, by continuing to
reside therein.
Sec. 4. That any foreign woman who acquires American
citizenship by marriage to an American shall be assumed to
retain the same after the termination of the marital relation
if she continue to reside in the United States, unless she makes
formal renunciation thereof before a court having jurisdiction
to naturalize aliens, or if she resides abroad she may retain
her citizenship by registering as such before a United States
consul within one year after the termination of such marital
relation.
Sec. 5. That a child bom without the United States of
alien parents shall be deemed a citizen of the United States
by virtue of the naturalization of or resumption of American
citizenship by the parent : Provided^ That such naturalization
or resumption takes place during the minority of such child :
And provided further , That the citizenship of such minor child
shall begin at the time such minor child begins to reside per-
manently in the United States.
Sec. 6. That all children bom outside the limits of the
United States who are citizens thereof in accordance with the
provisions of section nineteen hundred and ninety-three of
the Revised Statutes of the United States and who continue
to reside outside the United States shall, in order to receive
the protection of this Govemment, be required upon reaching
the age of eighteen years to record at an American consulate
their intention to become residents and remain citizens of the
United States and shall be further required to take the oath of
allegiance to the United States upon attaining their majority.
Approved, March 2, 1907.
iQid SIXTEENTH AND SEVENTEENTH AMENDMENTS 647
No. 197. Sixteenth Amendment
Februmiy 25, 19x3
A jcnnt resolution proposing an amendment to the Constitution regard-
ing taxes on incomes, reported in the Senate, Jime 28, 1909, by Nelson W.
Aldrich of Rhode Island, from the Committee on Finance, passed the Sen-
ate, July 5, by a vote of 77 to o, 15 not voting. An unsuccessful attempt
was made to amend the resolution by adding to it provisions substantially
identical with those of the Seventeenth Amendment (No. 198). The reso-
lution passed the House, July 12, by a vote of 318 to 14, i answering "pres-
ent", 55 not voting. The amendment was ratified by all the States except
Connecticut, Florida, Pennsylvania, Rhode Island, Utah and Virginia.
A proclamation of February 25, 1913, declared the amendment in force.
References. — Text in U. 5. SkU. at Large, XXXVII., Part 2, 1785.
For the debates see the Cong. Record, 6ist Cong., ist Sess. The important
debate was in the House.
Article XVI.
The Congress shall have power to lay and collect taxes on
mcomes, from whatever source derived, without apportion-
ment among the several States, and without regard to any census
or enumeration.
No. 198. Seventeenth Amendment
May 31, 1913
A JOINT resolution proposing an amendment to the Constitution provid-
ing for the popular election of Senators was reported, January 11, 191 1, by
William E. Borah of Idaho from the Senate Committee on Judiciary, to
which the matter had been referred, and debated at length until February 28,
when it failed to pass, less than two-thirds voting for it. In the 62d Congress
numerous resolutions relating to the subject appeared in both houses.
A joint resolution identical with that of January 11 was presented in the
House, April 5, 191 1, by William W. Rucker of Missouri, and on the 13th
passed with amendments by a vote of 296 to 16, 77 not voting. An amended
form, reported by Senator Borah May i, passed the Senate, June 12, by a
vote of 64 to 24, 2 not voting. The House disagreed to the Senate amend-
ments, and the resolution went to a conference committee, where it remained
until the close of the session. April 17, 191 2, in the second session, Senator
648 SEVENTEENTH AMENDMENT [May 31, 1915
Clarence D. Clark of Wyoming reported that the conference committee
were unable to agree ; but on the 23d the House yiejded, and May 14 the
resolution was signed by the Speaker and the Vice-President. The amend-
ment was ratified by all the States except Alabama, Delaware, Florida,
Georgia, Kentucky, Louisiana, Maryland, Mississippi, Rhode Island, South
Carolina, Utah and Virginia. A proclamation of May 31 declared the
amendment in force. An act of June 4, 1914, to expire three years from its
date, made temporary provision for the election of senators imder the new
system.
References. — Text in U. S, SkU. at Large, XXXVni., Part 2, 2049.
For the debates see the Cong, Record , 6ist and 6 2d Congresses. See also
House Report 2, 6 2d Cong., ist Sess.; the Sutherland minority report of
May 22, 191 1, is Senate Report 35 (also in the Record^ 1428, 1429).
Article XVII
1. The Senate of the United States shall be composed of two
Senators from each State, elected by the people thereof, for six
years ; and each Senator shall have one vote. The electors in
each State shall have the qualifications requisite for electors of
the most numerous branch of the State legislatures.
2. When vacancies happen in the representation of any State
in the Senate, the executive authority of such State shall issue
writs of election to fill such vacancies : Provided, That the legis-
lature of any State may empower the executive thereof to make
temporary appointment imtil the people fill the vacancies by
election as the legislature may direct.
3. This amendment shall not be so construed as to affect the
election or term of any Senator chosen before it becomes valid as
part of the Constitution.
Index
(References in Italics Indicate a Text with accohpanying Notes.]
Abamiza, B. de, 608.
AboHHoH of slavery in District of Co-
lumbia, 450-451; in Territories, 452.
Acadia, 93, 94.
Acadians deported, 109.
Adams, John, 162, 184, 190, 209.
Adams, J. Q., 284, 293, 311, 324.
Adams, Robert, 597, 599*
Adams, Samuel, 147, 162.
Adams, William, 293.
AdmifUstratiofi of Justice act, 159-162.
Admission of Afissouri, resolution for,
317, 318; of Virginia to representa-
tion in Congress, 544-546.
Aiz-la-Chapelle, treaty of, 109.
Alabama admitted as a State, 311;
admitted to representation in Congress,
532-534.
Alaska treaty, 511-514.
Aldrich, Nelson W., 647.
Alien act, 261-263.
Alien and Sedition acts, 258-267.
Alien Enemies act, 263-265.
Allison, W. B., 574.
Amendments to Constitution, proposed
by Hattford Convention, 296-301 ;
thirteenth amendment, 494; fourteenth,
536; fifteenth, 546, 547; sixteenth,
647; seventeenth, 647, 648.
Amnesty proclamation, 470-472.
Amsterdam, 26.
Andres in Connecticut, 60; in Rhode
Island, 67 ; in Massachusetts, 84.
Annexation of Texas, 368-370; of
Hawaiian Islands, 600-602.
Antietam, 457.
Anti-Trust act, 591-593.
Archer (Va.), 368.
Arkansas admitted to representation in
Congress, 530-531.
Army, command of, 507, 508.
Arnold, I. N., 452.
Arthur, C. A., 572.
Article of war, act for additional, 448,
449.
Articles of Confederation, 195-204; of
impeachment, 518-529.
Ashburton treaty, 361-368.
Ashley, J. M., 500, 518, 529.
Association, The, 166-17 1.
Atherton Company, 67.
Auchmuty, Robert, 106.
Avalon, 31.
Bacon, Sir Frauds, 9.
Baltimore and Ohio R. R. Co., 444.
Baltimore, Lord, first, 31 ; second, 31,
53, 54. 80.
Bank of United States (second), 302-
306; Jackson^s first message, 320,
321; second message, 322, 323; Utird
message, 323; veto message, 324-329."
removal of deposits, 344-353 ; National
Bank act, 473-482.
Bayard, J. A., 293, 441.
Benton, T. H., 359.
Bermudas, 14.
Bernard, Frands, 146.
Berry, A. S., 597.
Bingham, J. A., 440, 498, 547, 554.
Blaine, J. G., 501.
Bland, R. P., 573, 595-
" Bland-AUison" act, 573-S75t 5Q6-
Blockade of Southern ports, 434, 435.
Bollan, William, 151, 155.
Borah, William E., 647.
Boston Port act, 150-154.
Boutwell, G. S., 518.
Bowdoin, James, 162.
Braddock's defeat, 109.
Bradford, William, 19.
Breckinridge, John, 267.
Breda, treaty of, 75.
Brook, Lord, 36.
649
6so
INDEX
Brown, B. G., 483.
Bimau-Varilla, 633.
Bunker Hill battle, 188.
Burke, Edmund, 188.
Bute, Lord, 117.
Butler, B. F., 553, 564, 568.
Butler, R. R., 534-
Calhotm, J. C, 388, 303, 333.
CaUfor 7StOOO w^utUeers, 433, 434.
Calvert, Cedl, 31.
Calvert, George, 31.
Cambon, Jules, 603.
Cambridge, Mass. (Newtowne), 36.
Camden, Lord, 147.
Cameron, Simon, 444.
Campaign contribuHons, prokibUion of,
by corporations, 635, 636.
Canada, 93.
Canal Zone, 633.
Capitol, location of national, 333.
Carolina, first charter of, 63-66; second
charter, 76-78.
Carteret, Lord, 77, 95.
Cerero, Rafael, 608.
Chandler, William E., 635.
Charter of Carolina, first, 63-66; of
Carolina, second, 76-78; of Connecti-
cut, 60-63; of Georgia, 95-103; of
Maryland, 31-35; of Massachusetts,
first, 33-36; of Massachusetts, second,
84-90; of Pennsylvania, 80-84; of
privileges to patrons, 36-31 ; of
Rhode Island and Providence Planta-
tions, 66-73; of Virginia, first, 1-9;
of Virginia, second, 9-14 ; of Virginia,
third, 14-19.
Chase, S. P., 436, 446, 5x9.
Chatham, Earl of, 147, 173, 188. See
Pitt.
Chinese Exclusion act, 616-6x8.
Churchill, J. C, 554.
Cicnfuegos, 599.
Civil Rights act, first, 494-497; second,
568, 569.
Civil Service act, 575-581.
Claiborne, William, 306.
Clark, Champ, 616.
Clark, Clarence D., 648.
Clarke, John, 66.
Clarke, Sidney, 518.
Clay, Henry, 293, 312, 341, 368, 383;
resolutions on compromise of tSso,
3^-386.
Clayton, J. M., 334.
Clayton-Bulwer treaty, 614.
Cleveland, Grover, 600.
Coddington, William, 43.
Coinage act of 1873, 565, 566 ; of standard
silver dollar, 573-S75-
Coit, Joshua, 359.
Coke, Sir Edward, i.
Colon, revolution at, 633.
Command of the army, 507, 508.
Compensated emancipatiofi, joint resolu-
tion on, 449, 450.
Compromise of 1850, 383-394; Clay*s
resolutions, 384-386; report of Com-
mittee of Thirteen, 386, 387; Utah
act, 387 ; Texcu and New Mexico act,
388. 389; Fugitive Slave act, 390-
393; act abolishing slave trade in
District of Columbia, 394.
Conciliatory resolution. Lord North*s,
171, 173; report on, 184-188.
Concord battle, 188.
Confederate States of America, constitu-
tion, 434-433.
Confiscation act of 1861, 443-444; of
1862, 454-457.
Conger, E. H., 593.
Conkling, Roscoe, 449.
Connecticut, fundamental orders of, 36-
39; charter, 60-63.
Conspiracies, act to define and punish
certain, 441, 443.
Constitution of American Anti-Slavery
Society, 353-355 ; of Confederate States
of America, 434-433; of Missouri,
316, 317; of United States, 216-2S2;
thirteenth amendment, 494; fourteenth
amendment, 536-538; fifteenth amend-
fitent, 546, 547.
Constitutions of Virginia, Mississippi,
and Texas, submission of, 540, 541.
Contract between Girard Banh and United
States, 353, 353.
Convention parliament, 56.
Conway, Henry, 139, 147.
Cooper, Grey, X84.
Comwallis, Lord, 304.
Coundl for New England, 33, 36.
Coxe, Daniel, 63.
Credit, act to strengthen public, 539,
S40.
"Cr«m<rtf//;?7J,"S65, 566.
Crittenden, J. J., 439.
INDEX
6SI
Cuba, independence of, 597, 598.
Cullom, S. M., 581.
CnrHs, B. R., dissenling opinion in Dred
ScoU case, 416-420.
Gushing, Thomas, 162.
Dallas, A. J., 324.
Da^e, Nathan, 209.
Dartmouth, Lord, 188.
Davenport, John, 39-43f te«
Davis, C. K., 597* 608.
Davis, Garrett, 453.
Davis, H. W., 482.
Davis, Jefferson, 434.
Dawes, H. L., 534.
Day, W. R., 608.
De Berdt, Dennis, 147.
DeclaraHon and Resolves of First Con-
Hnenial Congress, 162-166.
Declaration of causes and necessity of
taking up arms, 176-183; of inde-
pendence, 190-194; of war (181 2),
288, 289; of war (1898), 598, 599-
Declaratory act, 139, 140.
Deposits, removal of, 344-353; <>cl lo
regulate, 355-359-
Dickinson, John, 137, 176, 188, 195.
Dillingham, William P., 637.
Dingley, Nelson, 597.
Disabilities, political, act removing, 564.
District of Cidumbia, abolition of slave
trade, 394; abolition of slavery, 450,
45 z ; franchise in, 499.
Dixon's proposed amendment to Kansas-
Nebraska bill, 402.
Dodderidge, Sir John, i.
Dorchester Adventurers, 22.
Dorchester, Mass., 36.
Douglas, S. A., 397-399; report on
Kansas-Nebraska bill, 399-402.
** Draft act" (1863), 459-463.
Dred Scott decision, 405-420.
Duane, W. J., 344.
Dutch West India Company, 26.
East Florida, 306.
Eaton, Theophilus, 39-43.
Edmunds, G. F., 504, 535, 542.
Elective franchise in Territories, 500.
Electoral count (1865), 487 ; act of 1877,
570-573.
Electoral votes of rebellious States, joint
resolution excluding, 535.
Eliot, T. D., 454, 488.
Emancipation, joint resolution on com-
pensated, 449, 450; proclamation,
457-459.
Embargo act, 282, 283 ; in New England,
284.
Endicott, John, 2a.
English bill, 420, 421.
Enrolment act, 459-463.
Enumerated articles, 72, 78, 90.
Expatriation, act rdaUng to, 644-646.
Family compact, 109.
Federalists, 284.
Fifteenth amendment, 546, 547; act to
enforce, 547-551 ; supplementary act,
554-559.
First charter of Carolina,. 63-66; of
Massachusetts, 22-26; of Virginia, 1-9.
First Civil Rights act, 494-497.
First Continental Congress, declaration
and resolves, 162-166.
First Navigation act, 55-59.
First Reconstruction act, 500-504.
Florida, treaty of 18 iq, 306-311; ad-
mitted to representation in Congress,
532-534.
Fontainebleau, Z09.
"Force biU" (1870), 547-551-
Foreign mediation, resolution against,
467-469.
Fort Duquesne, 109.
Fourteenth amendment, 536-538; act
to enforce, 560-564.
Fourth Reconstruction act, 529, 530.
France, treaty with, for Louisiana, 279-
282.
Franchise in District of Columbia, 499;
in Territories, 500.
Franklin, Benjamin, 139, 176, 184, 188,
190, 204, 209.
Preedmen's bureau, 488-490.
Freedom for soldiers' families, 490.
Frye, W. P., 608.
Fugitive Slave act, 390-393-
Fugitive slaves, additional article of war,
448, 449.
Fundamental Articles of New Haven,
39-43.
Fundamental Orders of Connecticut, 36-39.
Funding system, Hamilton's report, 233-
243.
Gadsden treaty, 394-397.
Gallatin, Albert, 293.
6s 2
INDEX
Gambier, Lord, 393,
Garfidd, J. A., 571 •
Garnica, J. de, 608.
Garrison, W. L., 353.
Gates, Sir Thomas, i.
General warrants in England, zo6.
Ge&rgiat charter, 95-103; admitted to
representation in Congress, 532-534;
reconstruction of, 542-544; act for
restoration of, 553, 554.
Ghent, treaty of, 289-293.
Giles, W. B., 284.
Girard Bank, Taney^s letter to, 350, 351 ;
contract with the United States, 352,
353.
G<M Standard act, 609-613.
Gorton, Samuel, 43.
Goulbum, Henry, 293.
Government of New Haven, 50-53.
Grant, U. S., 540, 542, 544. 566, 571.
Grant to Duke of York, 74-76.
Gray, George, 602, 608.
Great Britain, treaty of 1783, 204-209;
of 1794* 244-258; of 1814, 289-293;
of 1842, 361-368; of 1846, 372-374-
Greene, Thomas, 53.
Grenville, Lord, 117, 122, 143, 238.
Gridley, Jeremiah, zo6.
Guadalupe Hidalgo, treaty of, 377-382.
Guilford, Conn., 50.
Habeas Corpus act, 463-466.
Haklu3rt, Richard, i.
Hamilton's first report on public credit,
233-243.
Hancock, John, 190-194.
Harper, R. G., 265.
Harrison, Benjamin, 593.
Hartford, Conn., 36.
Hartford Convention, report of, 293-301.
Hartley, David, 209.
Havana, 109.
Hawaiian Islands, annexation of, 600-
602.
Hay-Herran convention, 623.
Hay-Pauncefote treaty, 6x4.
Hayes, R. B., 570, 57x, 574-
Ha)me, R. Y., 333.
Heath, Sir Robert, 63, 76.
Henderson, J. B., 494.
Hendricks, T. A., 570.
Henry, Patrick, 139.
Hepburn, William P., 618.
Hickman, John, 441.
Hillhouse, James, 261.
Hillsborough, Lord, 147.
Hobart, Sir Henry, 9.
Holy Alliance, 318.
Howell, Benjamin F., 630.
Hunt, Gaillard, 644.
Hunter, David, 449.
Hutchinson, Thomas, zo6.
Hutchinsonian controversy, 39.
Immigration act, 636-644.
Impeachment of Johnson, articles, 5x8-
529.
Impressment, 282.
Independence, Declaration of, 190-194;
of Cuba, 597, 598.
Independenl Treasury act, 374-377*
Inflianapolis Monetary Commission, 609.
IngersoU, C. J., 368.
Interstate Commerce act, 581-590.
** Iron-clad" oath, 452-454.
Isthmian Canal, act for construction of,
618-622.
Isthmian Canal treaty, 614-616.
Jackson, Andrew, first message, 320,
321; second, 322, 323; third, 323;
'bank veto, 324-329; proclamation to
South Carolina, 333-340; Paper read
to the Cabinet, 344-349*
Jay, John, 176, 188, 209, 258.
Jay treaty, 244-258.
Jefferson, Thomas, 176, 184, 190, 233,
267, 279, 282.
JohiMon, Andrew, 439, 491, 499, 501,
508, 514, 518, 532; articles of im-
peachment, 518-529.
Johnson, Reverdy, 507.
Johnson, Thomas, 176, 188.
Joint residution for annexation of Texas,
368-370.
Kahn, Julius, 616.
Kansas, Lecompton constitution, 420-
423*
Kansas-Nebraska act, 397-405; Doug-
las's report, 399-402; Dixon's pro-
posed amendment, 402; Sumner's
proposed amendment, 403; act to
organise Territories of Nebraska and
Kansas, 403-405.
Kelley, W. D., 565.
Kelso, J. R., 518.
Kendall, Amos, 344.
INDEX
6S3
Kentucky and Vugmia reSoiuiians, 267-
278.
Kitchen cabinet, 344.
Knox, J. J., 565.
"Ku Klux" act, 560-564.
Lechmere, Thomas, 106.
Lecompton constiitUion, 430-423.
Lee, Arthur, 188.
Lee, R. H., 184, igo.
Legal tender notes, act autkarning issue
of, 446-448.
Lexington battle, 188.
Liliuokalani, Queen, 600.
Lincohi, Abraham, 433, 436, 438, 449,
450, 454. 457, 459, 463 ; ^odamaHon
regarding reconstruction, 483-487 ;
emancipation proclamation, 457-459.
Livingston, Philip, 141.
Livingston, William, 176.
Livingstone, R. R., 190, 379, 383.
Lloyd, James, 365.
Loan, act for a national, 436, 437.
Loan, B. F., 518.
Lord North's conciliatory resolution,
171, 173; report on, 184-188.
Louisburg, 109.
Louisiana purchase, 379-383; State
admitted to representation in Congress,
532-534-
Lovejoy, Owen, 453.
Madison, James, 367, 388, 303, 306.
Maine, battleship, destruction of, 598.
Maine, district of, 311; boundary dis-
pute, 361.
Manchester, Earl of, 60.
Manila, 109.
Marbois, F. Barb6, 383.
Maryland charter, 31-35; Toleration
act, 53-55.
Massachusetts, first charter, 33-36 ; second
charter, 84-90; calls Stamp Act Con-
gress, 136; calls First Continental
Congress, 163; circular letter, 146-
150; Government act, 155-159; part
in Hartford Convention, 293.
Mather, Increase, 84.
Mayflower compact, 19.
Masmard, Horace, 453.
McCray, G. W., 570.
McDuffie, George, 320, 324.
McKean, J. B., 449.
McKinley, William, 597, 599.
McLane, Louis, 344.
Mexican war, act for prosecution of, 371,
392.
Mexico, treaty of 1848, 377-382; treaty
of 1853, 394-397.
Milford, Conn., 50, 51.
Militia, act for calling out, 440, 441.
Mississippi, provisional government of,
538, 539; submission of contitution
off 540, 541. ..
Missouri compromise, 31 1-3 18; Tall-
madge*s amendment, 313; Taylor's
amendment, si$, ^14; Thomas's amend-
ment, 314; report of conference com-
mittee, 314, 315; enabling act, 315,
316; constitution, ^it, 31 f, admission,
317. 318.
Mitchell, John H., 616.
Molasses act, 103-105.
Monroe, James, 279, 283; message
enunciating the Monroe doctrine, 318-
330.
Moore, Sir Henry, 141.
Morrill, J. S., 454, 593.
Morton, 0. P., 542.
Napoleon, 318.
National Banh act, 473-482; debt, act
for refunding, 551-553; Loan act,
436, 437-
Naturalisation, act of 1798, 259-261;
act of 1906, 630-635.
Nature and object of the war, resolution
on, 439, 440.
Navigation act, first, 55-59; second,
73-74; third, 78, 79; of 1696, 90-99.
Neutrality, proclamation of, 343, 344.
Newcastle, Del., 80.
Newcastle, Duke of, 109.
New England confederation, 45-50.
New England Restraining act, 173-176.
New Haven, Fundamental Articles of,
3^43; government of, 50-53; in-
cluded in Connecticut, 60.
Newlands, F. G., 600.
New Netherlands, 36, 60, 70.
New Orleans, 379.
Newport, R. I., 43.
Newtowne (Cambridge), Mass., 36.
New Yorh Assembly, act suspending,
141, 143.
Non-importation in Continental Con-
gress, 166, 167.
Non^ntercourse act, 284-288.
6S4
INDEX
North, Giief Justice, 80.
North,, Lord, 151, 155, 159, 17a, 188,
204.
North CaroUna, ^oclatnaHon appointing
a governor for, 491-493 ; admitted to
representation in Congress, 532-534.
Northeast boundary, treaty of 1842, 361-
368.
Northwest boundary, treaty of 1846,
372-374.
Nullification, South Carolina ordinance,
329-333 ; Jachson^s proclamation, 333-
340; act for enforcing the tarif, 341-
343.
Oalh of Office (1862), 453-454; oath
of 1868, 534.
Oglethorpe, J. E., 95.
Onis, Luisde, 311.
Ordinance for Virginia, 20-22 ; of 1787,
209-216.
Oregon country, 372.
Oregon Territory orginixed, 383.
Otis, James, 106.
Overstreet, Jtese, 609.
Paine, R. T., 162.
Panama, Republic of, 623.
Panama Canal treaty, 623-630.
Panama Canal Zone, 623.
Paper read to the Cabinet, Jachson*s,
344> 349.
Paris, treaty of 1763, 109-112; of 1783,
204-209 ; of i8qB, 602-608.
Patent of Providence Plantations, 43-45.
Patroons, charter of privileges to, 26-31.
Pazton, Charles, 105.
Pendleton, G. H., 576.
Penn, Richard, 188.
Penn, William, 80.
Pennsylvania charter, 80-84.
Perkins, James B., 616, 645.
Pitt, William, Earl of Chatham, 109,
143.
Plumb, P. B., 593.
Political disabilities, act removing, 564.
Polk, J. K., 368, 371.
Popham, Sir John, i.
Port Royal, N. S., 93, 94.
Portsmouth, N. H., branch bank at, 320.
Portsmouth, R. I., 43.
Proclamation concerning America, royal,
1 1 3-1 16; of rebellion, royal, 188-
jpo; of neutrality, 243, 244; to South
Carolina, 333~34o; dedaring bloch-
ade of Southern Ports, 434, 435; of
emancipation, 457-459; of amnesty,
470-472; regarding reconstruction, 4S2-
487; appointing governor for North
Carolina, 491-493.
Providence Plantations, patent, 43-45.
Provisional governments of Virginia,
Texas, and Mississippi, 538, 539.
Public credit, Hamilton's first report on,
333-243 ; act to strengthen, 539, 540.
Puritans in Maryland, 54.
Quakers in Maryland, 54.
Quartering aa, 131-136; in New York,
141.
Quebec, 109.
Queen Anne's war, 93.
Railroad and tdegraph lines, act on/Ami-
ing seiture of, 444, 445.
Randolph, Edmund, 243.
Rebellion, royal prodamation of, 188-190.
Recognition of independence of Cuba,
597. 598.
Reconstruction: Lincoln* s plan, 470-
472; proclamation regarding, 482-
487; first act, 50&-504; second act,
508-511; third act, 514-518; fourth
act, 529, 530; of Georgia, 542-544-
Refunding the national debt, act for, 551-
553-
Reid, Whitelaw, 608.
Removal of deposits, 344-353*
Repeal of Silve^ Purchase aa, 595, 596.
Report on Lord North's conciliatory
resolution, 184-188; of Hartford Con-
vention, 293-301.
Republic of Panama, 623.
Resolutions of Stamp Act Congress, 136-
139; Jor admission of Missouri, 317,
318; on nature and objut of the Civil
War, 439, 440.
Restoration of Georgia, act for, 553, 554 ;
of Tennessee, 498, 499*
Resumption of specie payments, 566-568.
Rhode Island and Providence Plantations,
charter, 66-72.
Rfos, E. M., 608.
Rockingham, Lord, 139, 143, i47f 204.
Roosevelt, Theodore, 614, 619, 623, 630.
Root, Elihu, 644.
Royal proclamation concerning America,
1 13-116.
INDEX
6SS
Rucker, William W., 647.
Rugglea^ Timothy, 137.
RuaaeU, Jonathan, 293.
Russia, 289, 318; Alaska ireaiy, 511-
514.
Rutledge, John, 176, 188.
Sandys, Sir Edwin, 9.
San ndefonso, treaty, 279.
San Juan, P. R., 599.
Say and Sele, Lord, 36, 60.
Saybrook, Conn., 36.
Schenck, R. C, 539, 551.
Scott, James B., 644.
Scott, ^i^^nfield, 463.
Secession, South Carolina ordinance, 423,
424.
Second chapter of Virginia, 9-14; of
Carolina, 76-78; of Massachusetts,
84-90; Civil Rights act, 568, 569;
Navigation act, 72-74; Reconstruction
act, 508-5 1 1.
Sedition act, 265-267.
Seven Years* War, 100.
Seventeenth amendment, 647, 648.
Seward, W. H., 457, 536.
Sbelbume, Earl of, 141, 147, 204.
Sheilabarger, Samuel, 560.
Sherman, John, 473, 501, 560, 565, 566,
591.
Sherman, Roger, 190.
Silver dollar, coinage of standard, 573-
575-
Silver Purchase act, 593-595; repeal of
595. 596.
Sixteenth amendment, 647.
Slavery, abolition of, in District of Co-
lumbia, 450, 451 ; in Territories, 452.
Slave trade, abolition of, in Disrict of
Columbia, 394.
Soldiers' families, freedom for, 490.
Somers Islands, 14.
Somers, Sir George, i.
Sons of Liberty, 139.
South Carolina, ordinance of nullifica-
tion, 329-333; Jackson's prodama-
l*<*^ ^^ 333-340 ; ordinance of secession,
423, 424 ; admitted to representation in
Congress, 532-534-
Southold, Long Island, 50.
Spain, Florida treaty, 306-131 ; declara-
tion of war, 598, 599 ; treaty of Paris,
602-608.
Spanish Succession war, 93.
Spaulding, E. G., 446.
Specie circular, 359, 360; pajfmatits,
resumption of, 566-568.
Stamford, Conn., 50.
Stamp act, 122-131.
Stamp Act Congress, resolutions, 136-
139.
Standard silver dollar, 573-575.
Stanton, E. M., 518 seq.
State debts, assumption of. See Hamil-
ton.
Stevens, Thaddeus, 436, 464, 467, 50X,
529. 530. 532, 536.
Stone, William, 53.
St. Mary's, Md., 54-
Sugar act, 1 17-122.
Sumner, Charles, 467, 488, 494, 551,
568; proposed amendment to Kansas^
Nebraska bill, 403.
Sumter, Fort, 433.
Surplus revenue distribution, 358, 359.
Tallmadge, amendment to the Missouri
bill, 313.
Taney, R. B., 344; instrucUons to
collector at Philadelphia, 349, 350;
letter to Girard Bank, 350, 351 ; opinion
in Dred Scott case, 405-416.
Tariff, act for enforcing, 341-343;
"tari£F of abominations," 329.
Taylor, John, 267.
Taylor, J. W,, amendment to Missouri
Wtf, 313, 314-
Tea duties, 150.
Tennessee, restoration of, 498, 499.
Tenure of Office act, 504-507.
Territories, abolition of slavery in, 452 ;
elective franchise in, 500.
Texas, joint resolution for annexation,
368-370; Texas and New Mexico
act, 388, 389; provisional govern-
ment, 538, 539; submission of con-
stitution, 540, 541.
Thacher, Oxenbridge, 106.
The Association, 1 66-1 71.
Third charter of Virginia, 14-19 ; Naviga-
tion act, 78, 79; Reconstruction act,
514-518.
Thirteenth amendment, 494.
Thomas, amendment to Missouri bill, 3x4
Tilden, S. J., 570.
Tillman, Benjamin R., 635.
Tobacco trade, 78.
Toleration act, Maryland, 53-55.
6s6
INDEX
Topeka constitution, 420.
Townshend, Charles, 117; Revenue ad,
143-146.
93-95; of Paris,
of 1783, 204-209
of 1803, 279-282
of 18 1 Q, 306-311
of 1846, 372-374
of 1853, 394-397
of 1808, 602-608
Treaiy of Utrecht,
(1763), 109-112;
of I794f 244-258
of 1814, 289-293
of 1842, 361-368
of 1848, 377-382
of 1867, 511-514
Isthmian Canal, 614-616.
Trist, N. P., 377. ,
Trumbull, Lyman, 442, 494, 514.
Turpie, David, 597.
Tyler, John, 374.
Umida, W. R. de Villa, 608.
Utah act, 387.
Utrecht treaty, 93-95.
Van Buren, Martin, 368.
Verplanck, G. C, 341.
Virginia and Kentucky resolutions, 267-
278.
Virginia, first charter, 1-9; second
charter, 9-14; third charter, 14-19:
ordinance for, 20-22 ; resolutions on
Stamp act, 139; resolutions of 1798,
274-276; provisional government, 538,
539; submissi4m of constitution, 540,
541 ; admission to representation in
Congress, 544-546.
Volunteers, call for 75f000, 433, 434;
act authorinng employment of, 438.
Wade, B. F., 444, 499, 500.
"Wade-Davis" m, 482-487.
War, declaration of, 1812, 288, 289;
declaration of, i8g8, 598, 599.
Warwick, Earl of, 36, 43.
Warwick, R. I., 43.
Washington, George, 109, 176, 216, 243,
245.
Watertown, Mass., 36.
Wajmc, J. M., 321, 322.
Webster, Daniel, 368.
West Florida, 306.
Westminster treaty, 75.
Wethersfield, Conn., 36.
We3rmouth, Geoige, x.
Wheeler, W. A., 570.
White, A. S., 449.
White, E. D., 602.
Wilkins, William, 341.
Williams, G. H., 504.
Williams, Roger, 43.
Wilmot proviso, 383.
Wilson, Henry, 438. 450, 459, 490.
Wilson, J. F., 453.
Wilson, W. L., 595-
Windsor, Conn., 36.
Winthrop, John, 36, 60.
Woodbury, Levi, 360.
Writ of Assistance, 105-109.
Wyandotte constitution, 421.
Yancey, W. L., 383.
Yeardley, Sir George, 20.
York, Duke of, 60, 80 ; grant to, 74-76
r r-
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Illustrative of American History^ 1 606-1 775
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"This volume . . . supplements the author's previous work, entitled 'Select
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** It has hitherto been exceedingly difficult to obtain copies of important
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to which frequent reference is made, which is not at least summarized in this
volume. The summaries, furthermore, whether of judicial decisions, reports,
treatises, messages, or resolutions, are admirably made. It is an invaluable
bo<3k for every reference lil^rary," — 7'he Outlook,
** His aim is to furnish a selection of text available for class use. The need
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finance; the amendments and acts relating thereto; naturalization, polygamy, a
Chinese exclusion ; the election of senators; the electoral count; the president
succession ; and recent phases of expansion — these subjects indicate the sco
and importance of the topics selected. Certain notable presidential message
like the Venezuelan message of President Cleveland of 1893. are included. T
valuable notes and references preceding each document are included in this vi
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a series whose usefulness and value have already received wide. recognition."
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