VI. SPECIAL AND VETO MESSAGES OF PRESIDENT JOHNSON, WITH THE VOTES IN CONGRESS ON THE PASSAGE OF THE VETOED BILLS. The Annual Message, December 4, 1865. The following extracts relate to reconstruction: themselves in a condition where their vitality was impaired, but not extinguished-their functions suspended, but not destroyed." from the beginning, null and void. The States cannot commit treason, nor screen the individual citizens who may have committed treason, any more than they could make valid treaties or I found the States suffering from the effects of engage in lawful commerce with any foreign a civil war. Resistance to the General Gov-power. The States attempting to secede placed ernment appeared to have exhausted itself. The United States had recovered possession of their forts and arsenals, and their armies were in the occupation of every State which had attempted to secede. Whether the territory within the limits of those States should be held as conquered territory, under military authority emanating from the President as the head of the army, was the first question that presented itself for decision. Now, military governments, established for an indefinite period, would have offered no security for the early suppression of discontent; would have divided the people into the vanquishers and the vanquished; and would have envenomed hatred, rather than have restored affection. Once established, no precise limit to their continuance was conceivable. They would have occasioned an incalculable and exhausting expense. Peaceful emigration to and from that portion of the country is one of the best means that can be thought of for the restoration of harmony, and that emigration would have been prevented; for what emigrant from abroad, what industrious citizen at home, would place himself willingly under military rule? The chief persons who have followed in the train of the army would have been dependents on the General Government, or men who expected profit from the miseries of their erring fellowcitizens. The powers of patronage and rule which would have been exercised, under the President, over a vast and populous and naturally wealthy region, are greater than, unless under extreme necessity, I should be willing to intrust to any one man; they are such as, for myself, I could never, unless on occasions of great emergency, consent to exercise. The wilful use of such powers, if continued through a period of years, would have endangered the purity of the general administration and the liberties of the States which remained loyal. Besides, the policy of military rule over a conquered territory would have implied that the States whose inhabitants may have taken part in the rebellion had, by the act of those inhabitants, ceased to exist. But the true theory is, that all pretended acts of secession were, But if any State neglects or refuses to perform its offices, there is the more need that the General Government should maintain all its authority, and, as soon as practicable, resume the exercise of all its functions. On this principle I have acted, and have gradually and quietly, and by almost imperceptibe steps, sought to restore the rightful energy of the General Government and of the States. To that end, provisional governors have been appointed for the States, conventions called, governors elected, legislatures assembled, and Senators and Representatives chosen to the Congress of the United States. At the same time, the Courts of the United States, as far as could be done, have been reopened, so that the laws of the United States may be enforced through their agency. The blockade has been removed and the custom-houses re-established in ports of entry, so that the revenue of the United States may be collected. The Post Office Department renews its ceaseless activity, and the General Government is thereby enabled to communicate promptly with its officers and agents. The courts bring security to persons and property; the opening of the ports invites the restoration of industry and commerce; the post office renews the facilities of social intercourse and of business. And is it not happy for us all, that the restoration of each one of these functions of the General Government brings with it a blessing to the States over which they are extended? Is it not a sure promise of harmony and renewed attachment to the Union that, after all that has happened, the return of the General Government is known only as a beneficence? I know very well that this policy is attended with some risk; that for its success it requires at least the acquiescence of the States which it concerns; that it implies an invitation to those States, by renewing their allegiance to the United States, to resume their functions as States of the Union. But it is a risk that must be taken; in the choice of difficulties, it is the smallest risk; and to diminish, and, if possible, to remove all Janger, I have felt it incumbent on me to assert | ing the autumn or early winter, nor until Con one other power of the General Government-gress should have "an opportunity to consider the power of pardon. As no State can throw a and act on the whole subject." To your delib defence over the crime of treason, the power of pardon is exclusively vested in the executive government of the United States. In exercising that power, I have taken every precaution to connect it with the clearest recognition of the binding force of the laws of the United States, and an unqualified acknowledgment of the great social change of condition in regard to slavery which has grown out of the war. erations the restoration of this branch of the civil authority of the United States is therefore necessarily referred, with the hope that early provision will be made for the resumption of all its functions. It is manifest that treason, most flagrant in character, has been committed. Persons who are charged with its commission should have fair and impartial trials in the highest civil tribunals of the country, in order that the Constitution and the laws may be fully vindicated; the truth clearly established and affirmed that treason is a crime, that traitors should be punished and the offence made infamous; and, at the same time, that the question be judicially settled, finally and forever, that no State of its own will has the right to renounce its place in the Union. The next step which I have taken to restore the constitutional relations of the States, has been în învitation to then to participate in the high office ice of amending the Constitution. Every patriot must wish for a general amnesty at the Parliest epoch consistent with public safety. For this great end there is a need of a concurrence of all opinions, and the spirit of mutual conciliation. All parties in the late terrible conflict The relations of the General Government tomust work together in harmony. It is not too wards the four millions of inhabitants whom much to ask, in the name of the whole people, the war has called into freedom have engaged that, on the one side, the plan of restoration my most serious consideration. On the proshall proceed in conformity with a willingness priety of attempting to make the freedmen electo cast the disorders of the past into oblivion; tors by the proclamation of the Executive, J and that, on the other, the evidence of sincerity took for my counsel the Constitution itself, the in the future maintenance of the Union shall be interpretations of that instrument by its auput beyond any doubt by the ratification of the thors and their contemporaries, and recent legis proposed amendment to the Constitution, which lation by Congress. When, at the first moveprovides for the abolition of slavery forever ment towards independence, the Congress of the within the limits of our country. So long as the United States instructed the several States to adoption of this amendment is delayed, so long institute governments of their own, they left each will doubt and jealousy and uncertainty pre- State to decide for itself the conditions for the vail This is the measure which will efface the enjoyment of the elective franchise. During sad memory of the past; this is the measure the period of the confederacy, there continued which will most certainly call population and to exist a very great diversity in the qualificacapital and security to those parts of the Union tions of electors in the several States; and even. that need them most. Indeed, it is not too much within a State a distinction of qualification pre to ask of the States which are now resuming vailed with regard to the officers who were to their places in the family of the Union to give be chosen. The Constitution of the United this Fledge of perpetual loyalty and peace. States recognises the diversities when it enjoing Until it is done, the past, however much we may that, in the choice of members of the House of desire it, will not be forgotten. The adoption Representatives of the United States, "the elecof the amendment reunites us beyond all power tors in each State shall have the qualifications of disruption. It heals the wound that is im-requisite for electors of the most numerous perfectly closed; it removes slavery, the element which has so long perplexed and divided the country; it makes of us once more a united people, renewed and strengthened, bound more than ever to mutual affection and support. branch of the State legislature." After the formation of the Constitution, it remained, as before, the uniform usage for each State to enlarge the body of its electors, according to its own judgment; and, under this system, one State after another has proceeded to increase the number of its electors, until now universal suffrage, or something very near it, is the gene The amendment to the Constitution being adopted, it would remain for the States, whose powers have been so long in abeyance, to resume their places in the two branches of the na-ral rule. So fixed was this reservation of power tional legislature, and thereby complete the in the habits of the people, and so unquestioned. work of restoration. Here it is for you, fellow has been the interpretation of the Constitution, citizens of the Senate, and for you, fellow-citi- that during the civil war the late President never zens of the House of Representatives, to judge, harbored the purpose-certainly never avowed each of you for yourselves, of the elections, re- the purpose-of disregarding it; and in the acte turns, and qualinations of your own members. of Congress, during that period, nothing can be The full assertion of the powers of the Gene- found which during the continuance of hostiliral Government requires the holding of circuit ties, much less after their close, would have sanccourts of the United States within the districts tioned any departure by the Executive from a where their authority has been interrupted. In policy which has so uniformly obtained. Morethe present posture of our public affairs, strong over, a concession of the elective franchise to objections have been urged to holding those the freedmen, by act of the President of the courts in any of the States where the rebellion | has existed; and it was ascertained, by inquiry, that the circuit court of the United States would not be held within the district of Virginia dur. United States, must have been extended to al? colored men, wherever found, and so mast have established a change of suffrage in the Northern, Middle, and Western States, not less than in the Southern and Southwestern. Such an act would The career of free industry must be fairly opened to them: and then their future prosperity and condition must, after all, rest mainly on them selves. If they fail, and so perish away, let us be careful that the failure shall not be attributable to any denial of justice. In all that re lates to the destiny of the freedmen, we need not be too anxious to read the future; many incidents which, from a speculative point of view, might raise alarm, will quietly settle themselves. Now that slavery is at an end or near its end, the greatness of its evil, in the point of view of public economy, becomes mo: and more apparent. Slavery was essentially a monopoly of labor, and as such locked the States where it prevailed against the incoming of free industry. Where labor was the property of the capitalist, the white man was excluded from employment, or had but the second best chance of finding it; and the foreign emigrant turned away from the region where his condition would be so precariBut while I have no doubt that now, after the ous. With the destruction of the monopoly, close of the war, it is not competent for the free labor will hasten from all parts of the civil General Government to extend the elective fran- ized world to assist in developing various and imchise in the several States, it is equally clear measurable resources which have hitherto lain that good faith requires the security of the freed- dormant. The eight or nine States nearest the men in their liberty and in their property, their Gulf of Mexico have a soil of exuberant fertility, right to labor, and their right to claim the just a climate friendly to long life, and can sustain a return of their labor. I cannot too strongly denser population than is found as yet in any urge a dispassionate treatment of this subject, part of our country. And the future influx of which should be carefully kept aloof from all population to them will be mainly from the party strife. We must equally avoid hasty as- North, or from the most cultivated nations in sumptions of any natural impossibility for the Europe. From the sufferings that have attendtwo races to live side by side, in a state of mu-ed them during our late struggle, let us look tual benefit and good will. The experiment involves us in no inconsistency; let us, then, go on and make that experiment in good faith, and not be too easily disheartened. The country is in need of labor, and the freedmen are in need of employment, culture, and protection. While their right of voluntary migration and expatriation is not to be questioned, I would not advise their forced removal and colonization. Let us rather encourage them to honorable and useful industry, where it may be beneficial to themselves and to the country; and, instead of hasty anticipations of the certainty of failure, let there be nothing wanting to the fair trial of the experiment. The change in their condition is the substitution of labor by contract for the status of slavery. The freedman cannot fairly be accused of unwillingness to work, so long as a doubt remains about his freedom of choice in his pursuits, and the certainty of his recovering his stipulated wages. In this the interests of the employer and the employed coincide. The employer desires in his workmen spirit and alacrity, and these can be permanently secured in As the result of the measures instituted by no other way. And if the one ought to be able the Executive, with the view of inducing a to enforce the contract, so ought the other. The resumption of the functions of the States compublic interest will be best promoted if the sev-prehended in the inquiry of the Senate, the eral States will provide adequate protection and remedies for the freedmen. Until this is in some way accomplished, there is no chance for the advantageous use of their labor; and the blame of ill success will not rest on them. I know that sincere philanthropy is earnest for the immediate realization of its remotest aims; but time is always an element in reform. It is one of the greatest acts on record to have brought four millions of people into freedom. away to the future, which is sure to be laden for them with greater prosperity than has ever before been known. The removal of the mo nopoly of slave labor is a pledge that those regions will be peopled by a numerous and enter prising population, which will vie with any in the Union in compactness, inventive genius, wealth, and industry. Message on the late Insurrectionary States. To the Senate of the United States: In reply to the resolution adopted by the Senate on the 12th instant, I have the honor to state that the rebellion waged by a portion of the people against the properly-constituted authorities of the Government of the United States has been suppressed; that the United States are in possession of every State in which the insurrection existed; and that, as far as could be done, the courts of the United States have been restored, post offices re-established, and steps taken to put into effective operation the revenue laws of the country. people in North Carolina, South Carolina, Georgia, Alabama, Mississippi, Louisiana, Arkansas, and Tennessee, have reorganized their respective State governments, and " are yielding obedience to the laws and Government of the United States" with more willingness and greater promptitude than under the circumstances could reasonably have been anticipated. The pro posed amendment to the Constitution, providing for the abolition of slavery forever within the limits of the country, has been ratified by the scope of the inquiries made by the Senate each one of those States, with the exception of of the United States in their resolution of the Mississippi, from which no official information 12th instant, I have the honor to submit the fol has yet been received; and in nearly all of lowing: them measures have been adopted or are now pending, to confer upon freedmen rights and privileges which are essential to their comfort, protection, and security. In Florida and Texas the people are making commendable progress in restoring their State governments, and no doubt is entertained that they will at an early period be in a condition to resume all of their practical relations to the Federal Government. In "that portion of the Union lately in rebellion the aspect of affairs is more promising than, in view of all the circumstances, could well have been expected. The people throughout the entire South evince a laudable desire to renew their allegiance to the Government, and to repair the devastations of war by a prompt and cheerful return to peaceful pursuits. An abiding faith is entertained that their actions will conform to their professions, and that, in acknowledging the supremacy of the Constitution and the laws of the United States, their loyalty will be unreservedly given to the Govment, whose leniency they cannot fail to appreciate, and whose fostering care will soon restore them to a condition of prosperity. With your approval, and also that of the honorable Secretary of War, I left Washington city on the 27th of last month for the purpose of making a tour of inspection through some of the Southern States, or States lately in rebellion, and to see what changes were necessary to be made in the disposition of the military forces of the country; how these forces could be reduced and expenses curtailed, &c.; and to learn, as far as possible, the feelings and intentions of the citizens of those States toward the General Government The State of Virginia being so accessible to Washington city, and information from this quarter therefore being readily obtained, I has tened through the State without conversing or meeting with any of its citizens. In Raleigh, North Carolina, I spent one day; in Charleston, South Carolina, two days; Savannah and Augusta, Georgia, each one day. Both in traveling and while stopping, I saw much and conversed freely with the citizens of those States, as well as with officers of the army who have been stationed among them. The following are the conclusions come to by me: It is true that in some of the States the de- I am satisfied that the mass of thinking men moralizing effects of the war are to be seen in of the South accept the present situation of afoccasional disorders; but these are local in fairs in good faith. The questions which have character, not frequent in occurrence, and are heretofore divided the sentiments of the people rapidly disappearing as the authority of civil law of the two sections-slavery and States rights, is extended and sustained. Perplexing ques-or the right of a State to secede from the Lion tions were naturally to be expected from the-they regard as having been settled forever by great and sudden change in the relations be- the highest tribunal-arms-that man can resort tween the two races; but systems are gradually to. I was pleased to learn from the leading men devoloping themselves under which the freed- whom I met, that they not only accepted the deman will receive the protection to which he is cision arrived at as final, but, now that the justly entitled, and by means of his labor mako smoke of battle has cleared away and time las himself a useful and independent member of been given for reflection, that this decision has the community in which he has his home. been a fortunate one for the whole country, they From all the information in my possession, and receiving like benefits from it with those who from that which I have recently derived from opposed them in the field and in council. the most reliable authority, I am induced to Four years of war, during which law was excherish the belief that sectional animosity is ecuted only at the point of the bayonet throughsurely and rapidly merging itself into a spirit out the States in rebellion, have left the people of nationality, and that representation, con- possibly in a condition not to yield that ready nected with a properly-adjusted system of tax- obedience to civil authority the American people ation, will result in a harmonious restoration have generally been in the habit of yielding. of the relations of the States to the national This would render the presence of small garri Union. sons throughout those States necessary until such The report of Carl Schurz is herewith trans-time as labor returns to its proper channels, and mitted, as requested by the Senate. No reports from Hon. John Covode have been received by the President. The attention of the Senate is invited to the accompanying report of Lieutenant General Grant, who recently made a tour of inspection through several of the States whose inhabitants participated in the rebellion. ANDREW JOHNSON. WASHINGTON, D. C., December 18, 1865. Accompanying Report of General Grant. HEADQUARTERS ARMIES OF THE U. S., WASHINGTON, D. C., December 18, 1865. Sгk: In reply to your note of the 16th inst., requesting a report from me giving such information as I may be possessed of, coming within civil authority is fully established. I did not meet any one, either those holding places under the Government or citizens of the Southern States, who think it practicable to withdraw the military from the South at present. The white and the black mutually require the protection of the General Government. There is such universal acquiescence in the authority of the General Government throughout the portions of the country visited by me, that the mere presence of a military force, without regard to numbers, is sufficient to maintain order. The good of the country and economy require that the force kept in the interior, where there are many freedmen, (elsewhere in the Southern States than at forts upon the sea-coast no force be found that vice and disease will tend to the extermination, or great reduction of the colored race. It cannot be expected that the opinions held by men at the South for years can be changed in a day; and therefore the freedmen require for a few years not only laws to protect them, but the fostering care of those who will give them good counsel, and in whom they can rely. is necessary,) should all be white troops. The towns, and cities. In such cases I think it will reasons for this are obvious without mentioning many of them. The presence of black troops, lately slaves, demoralizes labor both by their advice and by furnishing in their camps a resort for the freedmen for long distances around. White troops generally excite no opposition, and therefore a small number of them can maintain order in a given district. Colored troops must be kept in bodies sufficient to defend themselves. It is not the thinking men who would use violence toward any class of troops sent among them by the General Government, but the ignorant in some cases might, and the late slave seems to be imbued with the idoa that the property of his late master should by right belong to him, or at least should have no protection from the colored Boldier. There is danger of collisions being brought on by such causes. The Freedmen's Bureau, being separated from the military establishment of the country, requires all the expense of a separate organization. One does not necessarily know what the other is doing, or what orders they are acting under. It seems to me this could be corrected by regarding every officer on duty with troops in the Southern States as agents of the Freedmen's Bureau, and then have all orders from My observations lead me to the conclusion the head of the bureau sent through department that the citizens of the Southern States are anx-commanders. This would create a responsibility ious to return to self-government within the that would secure uniformity of action throughUnion as soon as possible; that while recon- out all the South; would insure the orders and tructing, they want and require protection from instructions from the head of the bureau being the Government; that they are in earnest in carried out; and would relieve from duty and wishing to do what they think is required by pay a large number of employés of the Governthe Government, not humiliating to them as ment. citizens, and that if such a course was pointed I have the honor to be, very respectfully, your out they would pursue it in good faith. It is to obedient servant, U. S. GRANT, be regretted that there cannot be a greater Lieutenant General. commingling at this time between the citizens of the two sections, and particularly of those in trusted with the law-making power. His Excellency A. JOHNSON, President of the United States. Veto of the Freedmen's Bureau Bill, February 19, 1866. To the Senate of the United States: I have examined with care the bill which originated in the Senate, and has been passed by the two Houses of Congress, to amend an act entitled "An act to establish a Bureau for the relief of Freedmen and Refugees," and for other purposes. Having, with much regret, come to the conclusion that it would not be consistent with the public welfare to give my approval to the measure, I return the bill to the Senate with my objections to its becoming a law. I did not give the operations of the Freedmen's Bureau that attention I would have done if more time had been at my disposal. Conversations on the subject, however, with officers connected with the bureau lead me to think that in some of the States its affairs have not been conducted with good judgment or economy, and that the belief, widely spread among the freedmen of the Southern States, that the lands of their former owners will, at least in part, be divided among them, has come from the agents of this bureau. This belief is seriously interfering with the will ingress of the freedmen to make contracts for the coming year. In some form the Freedmen's I might call to mind, in advance of these obBureau is an absolute necessity until civil law jections, that there is no immediate necessity for is established and enforced, secnring to the freed-the proposed measure. The act to establish a men their rights and full protection. At present, bureau for the relief of freedmen and refugees. however, it is independent of the military es- which was approved in the month of March tablishment of the country, and seems to be last, has not yet expired. It was thought strinoperated by the different agents of the bureau gent and extensive enough for the purpose in according to their individual notions. Every-view in time of war. Before it ceases to have where General Howard, the able head of the bureau, made friends by the just and fair instructions and advice he gave; but the complaint in South Carolina was, that when he left things went on as before. Many, perhaps the majority, of the agerts of the Freedmen's Bureau advise the freedmen that by their own industry they must expect to live. To this end they endeavor to secure employment for them, and to see that both contracting parties comply with their engagements. In some instances, I am sorry to ay, the freedman's mind does not seem to be disabused of the idea that a freedman has the right to live without care or provision for the future. The effect of the belief in division of lands is idleness and accumulation in camps, effect, further experience may assist to guide us to a wise conclusion as to the policy to be adopted in time of peace. I share with Congress the strongest desire to secure to the freedmen the full enjoyment of their freedom and property, and their entire independence and equality in making contracts for their labor; but the bill before me contains provisions which, in my opinion, are not warranted by the Constitution, and are not well suited to accomplish the end in view. The bill proposes to establish, by authority of Congress, military jurisdiction over all parts of the United States containing refugees and freedmen. It would, by its very nature, apply with most force to those parts of the United States in |