Excerpts from- Declaration of Independence ,...

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The Constitution and the civil war: The Constitution and the civil war: The Constitution and the civil war: The Constitution and the civil war: northwest challenges and choices northwest challenges and choices northwest challenges and choices northwest challenges and choices DOCUMENT #1 Excerpts from- Declaration of Independence July 4 th , 1776 IN CONGRESS, 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 unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves 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 is 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 Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and

Transcript of Excerpts from- Declaration of Independence ,...

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DOCUMENT #1

Excerpts from- Declaration of Independence

July 4th, 1776

IN CONGRESS, 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 unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves 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 is 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 Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and

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usurpations, all having in direct object the establishment of an absolute Tyranny over these States.

In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.

Nor have We been wanting in attentions to our British 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 common 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 Separation, 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 Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, 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; and that as Free and Independent States, they have full Power to levy War, conclude 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.

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DOCUMENT #2

Excerpts from The Constitution of the United States September 15th, 1787

The Constitution of the United States

Preamble

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 Posterity, do ordain and establish this Constitution for the United States of America.

Article. I. - The Legislative Branch

Section 2 - The House

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 who shall not, when elected, be an Inhabitant 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, according 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.

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Section 9 - Limits on Congress

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 suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

No Bill of Attainder or ex post facto Law shall be passed.

No capitation, or other direct, Tax shall be laid, unless in 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 Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince or foreign State

Article. II. - The Executive Branch

Section 1 - The President

The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased 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:

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"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 - Civilian Power over Military, Cabinet, Pardon Power, Appointments

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 the executive Departments, upon any subject relating to the Duties of their respective Offices, and he shall have Power to Grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.

Article III. - The Judicial Branch

Section 3 - Treason

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted 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. - The States

Section 1 - Each State to Honor all others

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 Effect thereof.

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Section 2 - State citizens, Extradition

The Citizens of each State shall be entitled 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 Labour, But shall be delivered up on Claim of the Party to whom such Service or Labour may be due.

Article. V. - Amendment

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 proposed 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.

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DOCUMENT #3 The Bill of Rights December 15th, 1791

Amendment 1 - Freedom of Religion, Press, Expression. Ratified 12/15/1791.

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.

Amendment 2 - Right to Bear Arms. Ratified 12/15/1791.

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Amendment 3 - Quartering of Soldiers. Ratified 12/15/1791.

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Amendment 4 - Search and Seizure. Ratified 12/15/1791.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment 5 - Trial and Punishment, Compensation for Takings. Ratified 12/15/1791. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or

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public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment 6 - Right to Speedy Trial, Confrontation of Witnesses. Ratified 12/15/1791.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted 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.

Amendment 7 - Trial by Jury in Civil Cases. Ratified 12/15/1791.

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.

Amendment 8 - Cruel and Unusual Punishment. Ratified 12/15/1791.

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment 9 - Construction of Constitution. Ratified 12/15/1791.

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment 10 - Powers of the States and People. Ratified 12/15/1791.

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The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

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DOCUMENT #4

Fugitive Slave Case Victoria Colonist Newspaper September 26, 1860

Yesterday morning a large number of white and colored citizens were attracted to the Supreme Court Room to hear the decision of the Chief Justice in the case of the mulatto boy, Charles, who was taken into custody the day previous under a write of habeas corpus; whilst under arrest on board the U.S. Mail Steamer, Eliza Anderson. When Judge Cameron took his seat on the bench, Mr. Attorney General Cary moved that the write be filed. He read two affidavits, one from W. Davis and the other from W. Gerome on which the writ was granted. The affidavits alleged that the boy Charles was a slave belonging to Major Tilton, of Olympia, W.T. That trying to make his escape to obtain his liberty, he had gone on board the Eliza Anderson, but that the Captain had placed him in custody in order to take him back to his master. He then argued that if there were any doubts about the right of the Court to discharge the boy on the ground that he was found on board the steamer, that no doubt could now exist to librating him, inasmuch as he was now on British soil, and within the Court. Numerous authorities were cited to show that slavery was repugnant to British law; that when the slave touches British soil he is free; that the Court had jurisdiction over any vessel, whether British or foreign, within our waters; and he therefore claimed that Charles be set at liberty. The Sheriff’s return to the rite was then read, stating that he found Charles in the lamp-room, and ha taken him into custody.

Capt Fleming, of the Eliza Anderson appeared for the defence, and said that as this case would probably be brought under the notice of the United States Government, he would only enter a protest against taking the boy out of his custody. The protest alleged that the boy was a slave belonging to Major Tilton; that he tried to escape by secreting himself on board his vessel and that he had placed him under arrest to return him to his owner, and he held it was a violation of international law to take him from on board an United States mail steamer.

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The protest was recorded, when Judge Cameron decided that the law was clear; that no man could be held as a slave on British soil; that there was no doubt about the jurisdiction of the Court in this case; and that the arrest by Capt. Fleming was illegal; and that he therefore ordered Charles be forthwith set at liberty. The decision was met by considerable applause and a few hisses. The boy was then welcomed to liberty by his colored friend. It was a righteous decision. (1860, September 26). Fugitive Slave Case. Victoria Colonist.

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DOCUMENT #5

Letter to Secretary of State Lewis Cass from Acting Governor Henry M. McGill

October 8, 1860 Territory of Washington Executive Office Olympia October 8, 1860

Hon. Lewis Cass Secretary of State

Sir:

I have the honor to enclose herewith a copy of a letter addressed to me under date of the 30th ult by James Tilton, Esquire, of Olympia, calling my attention to the abduction by the British Authorities at Victoria Vancouver Island of a Slave Boy who for the last five years had been in his employment. The facts in the case are as follows:

On the 24th ult, the steamer Eliza Anderson left this place with the mail and passengers for Victoria and the parts of Puget Sound. When within four miles of Victoria the Captain discovered that the slave in question had secreted himself on board the vessel with the intention of affecting his escape. He was immediately placed in confinement under the charge of an officer of the ship that he might be returned to his master.

On the 25th the steamer arrived at Victoria and affidavits were made by three Negroes, two of whom had been employed on boar the steamer, the third being a resident of Victoria, stating that the Negro boy was a fugitive slave and was detained on board the vessel against his will.

A writ of habeas corpus was at once issued by Chief Justice Cameron of Victoria and placed in the hands of the sheriff. The captain refused to deliver the fugitive. At this time a large number of the American residents of Victoria had assembled on the wharf and much feeling was manifested on both sides.

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I was, at the time in Victoria having arrived by the same steamer. The captain requested time to consult with me, which was granted. He informed me that our countrymen were much excited and, should the delivery of the Negro be forcibly resisted, that it would inevitably result in the loss f life. However that he would act according to my instructions.

It has been held by our Government in the case of merchant vessels forced by necessity or going voluntarily into a foreign port for trade that, if such vessel have slaves on board, the foreign government has no right to enter on board and interfere with that relation. The confinement of the slave as a fugitive from service did not, in my opinion, alter the case. Before a voluntary landing of the slave on British Territory, the laws of England could not dissolve the relation of master and slave.

For these reasons, I believe that the Captain would be justified in resisting the execution of the writ, but I deemed it to be my duty to avoid the serious consequences which, I was assured, would follow a forcible resistance, and therefore instructed the Captain to permit the Sheriff to take the Negro. On the following day the case was heard before the Chief Justice and by my instruction the Captain entered a formal protest. The Court directed the liberation of the Negro.

I trust that my action in the case will meet the approval of the Department. Had there been a vessel of war of the United States in the vicinity, I would have caused the fugitive to be placed on board. I take this opportunity to call the attention of the Government to the defenseless condition of this remote part of our Country. Murders of our citizens by the Northern Indians from the British possessions are of frequent occurrence. The honor of our flag, and the protection of our people in their lives and property demand that an adequate naval force be immediately station in the Straits of Fuca or Puget Sound.

I have the honor to enclose copies of all the papers in the case and to be,

With great respect, Your obedient servant, Henry M. McGill Acting Governor

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H. McGill, Letter to Secretary of State Lewis Cass, 8 October 1860(quote), Letterbook, Washington State Archives, Olympia, WA.

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DOCUMENT #6

Affidavit of William Jerome Victoria, September 25, 1860

In the Supreme Court of Civil Justice (Victoria, Vancouver Island) In the matter of Charles, a fugitive slave I, William Jerome of Yates Street, Victoria, Cook

1. That I know the boy, the Charles, having been residing in Olympia for

some time previously to my arrival in the Colony –

2. That the said Charles informed me that he was slave to Judge Tilton and

that he had tried to escape but was so closely watched that he had not

been able to go –

3. That I am informed that he is at present on board the Eliza Anderson and

is wrongfully detained by the officers of the said ship, he having touched

British soil is no longer a slave

Signed, William Jerome his X mark

Sworn before me at my officer, 63 Government Street, Victoria, by the said William Jerome by affixing his mark This 25th September, 1860 Signed W.W. ?Fiachwitt Drake Sol, Supreme Court W. Jerome, Affidavit of William Jerome of Yates Street 25 September 1860(quote), Washington State Archives, Olympia, WA.

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DOCUMENT #7

Letter from J. Tilton to H. McGill, Acting Governor of Washington Territory, September 30, 1860

Olympia, Washington Territory September 30, 1860 Hon. H.M. McGill Acting Governor of W.T. Sir:

As a citizen of the United States and of Washington Territory, I beg to call your

attention to an act or acts of the British authorities of Victoria, Vancouver Island,

by which a slave boy belonging to my relative, R.R. Gibson of Talbot County

Maryland, and for the last five years hired and employed by myself by

arrangement with the owner, was taken from the mail steamer plying between

the port and all the ports of Puget Sound.

On the 24th of September, the slave secreted himself on board the mail steamer

Eliza Anderson, and on the 25th, as the steamer touched at the port of Victoria,

was boarded yb the civil authorities there and the slave forcibly taken therefrom.

I therefore respectfully request that you bring the case before our government at

Washington City to the end that the owner of the slave may have justice and the

flag of our country be vindicated, and relieved from the assumption of right of

search, thus made and informed in this case

I am Sir, respectfully, James Tilton J. Tilton, (quote) Letter from James Tilton to H. McGill, 30 September 1860 (quote), Washington State Archives, Olympia, WA.

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DOCUMENT #8

Confederate Bond Oregon Historical Society

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DOCUMENT #9

Excerpts from- South Carolina Articles of Secession April 26th, 1852

The people of the State of South Carolina, in Convention assembled, on the 26th day of April, A.D., 1852, declared that the frequent violations of the Constitution of the United States, by the Federal Government, and its encroachments upon the reserved rights of the States, fully justified this State in then withdrawing from the Federal Union; but in deference to the opinions and wishes of the other slaveholding States, she forbore at that time to exercise this right. Since that time, these encroachments have continued to increase, and further forbearance ceases to be a virtue.

And now the State of South Carolina having resumed her separate and equal place among nations, deems it due to herself, to the remaining United States of America, and to the nations of the world, that she should declare the immediate causes which have led to this act.

In the year 1765, that portion of the British Empire embracing Great Britain, undertook to make laws for the government of that portion composed of the thirteen American Colonies. A struggle for the right of self-government ensued, which resulted, on the 4th of July, 1776, in a Declaration, by the Colonies, "that they are, and of right ought to be, FREE AND INDEPENDENT STATES; and that, as free and independent States, they have full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which independent States may of right do."

They further solemnly declared that whenever any "form of government becomes destructive of the ends for which it was established, it is the right of the people to alter or abolish it, and to institute a new government." Deeming the Government of Great Britain to have become destructive of these ends, they declared that the Colonies "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."

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“… the Revolution was carried on, and on the 3rd of September, 1783, the contest ended, and a definite Treaty was signed by Great Britain, in which she acknowledged the independence of the Colonies in the following terms: "ARTICLE 1-- 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 INDEPENDENT STATES; that he treats with them as such; and for himself, his heirs and successors, relinquishes all claims to the government, propriety and territorial rights of the same and every part thereof."

We hold that the Government thus established is subject to the two great principles asserted in the Declaration of Independence; and we hold further, that the mode of its formation subjects it to a third fundamental principle, namely: the law of compact. We maintain that in every compact between two or more parties, the obligation is mutual; that the failure of one of the contracting parties to perform a material part of the agreement, entirely releases the obligation of the other; and that where no arbiter is provided, each party is remitted to his own judgment to determine the fact of failure, with all its consequences.

In the present case, that fact is established with certainty. We assert that fourteen of the States have deliberately refused, for years past, to fulfill their constitutional obligations, and we refer to their own Statutes for the proof.

The Constitution of the United States, in its fourth Article, provides as follows: "No person held to service or labor 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 labor, but shall be delivered up, on claim of the party to whom such service or labor may be due."

This stipulation was so material to the compact, that without it that compact would not have been made. The greater number of the contracting parties held slaves, and they had previously evinced their estimate of the value of such a stipulation by making it a condition in the Ordinance for the government of the territory ceded by Virginia, which now composes the States north of the Ohio River. State of South Carolina. (1852) Articles of Secession

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DOCUMENT #10

Letter from Resident Edward Porter Alexander

Edward Porter Alexander

My father had two plantations – one in Liberty County, Georgia, a rice and cotton place, and the home place in Washington, Georgia. There were about forty or fifty Negroes on each place….From my earliest recollection, I was very anxious to go to West Point, and I entered the academy June 12, 1853….I graduated in 1857, and was assigned to duty at Fort Steilacoom, Washington Territory. On September 17, 1860, we finally saw the little village called “Steilacoom City” over the beautiful quiet waters of Puget Soun, with good old Mt. Rainier in the background…. I stayed a little over six months in the garrison at Fort Steilacoom, and as I look back at it, it seems to have been the last of my youth….During our delightful six months in Washington Territory the fat was all getting in th fire in the East. Lincoln was elected president in November 1860. On December 17th, South Carolina seceded, and other Southern states rapidly followed – Georgia on January 19, 1861, followed by Alabama, Mississippi and Louisiana.

Of course as soon as the news of the secession of Georgia reached us at Fort Steilacoom, some three or four weeks after the event, I knew that I would finally have to resign from the U.S. Army. But I did not believe war inevitable and I never realized the gravity of the situation. As soon as the right to secede was denied by the North, I strongly approved of its assertion and maintenance by force if necessary. And being young and ambitious in my profession, I was anxious to take my part in everything going on….Georgia had seceded. All the seceded states had united and organized a Confederacy, and the Confederacy was raising an army. The only place for me to be was in that army. From Gary W. Gallagher, ed., Fighting for the Confederacy: The Personal Recollections of General Edward Porter Alexander. (Chapel Hill: University of North Carolina Press, 1989)

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DOCUMENT #11

Excerpts from- Statements of John O. Shelton in Regard to a Secret Political Organization: the Knights of the Golden Circle

Portland, February 10th, 1865 Name The Order is known by different names in different places, to suit different localities. “The Golden Circle,” “The Friends of the Union” and “The Old Guard” are among the names used. The last is the one generally adopted in this state.

Object To put down the present administration, to resist the draft if an attempt should be made to enforce it, an to improve the first favorable opportunity of creating a “Pacific Republic.”

Method of Opening Lodge Grand Master calls house to order, occupies the chair, stations sentinels, and conducts business after the usual manner of deliberative bodies.

Test of Membership Applicants must answer affirmatively this question before initiation: Are you willing to resist the draft and to assist in putting down the present Administration?

Initiation Each member must take an oath to resist the draft, to assist in subverting the present Administration, etc. He is then required to arm himself with a good rifle, musket or shot-gun (the latter preferred), a six-shooter revolver and forty rounds of ammunition, more if possible.

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Signs, Passwords, etc. Street-sign – Thumbs extended on breasts of coat. Q Have you read the Old Guard? A Which guard? Q The one published by C. Choncy Burr. Sic for C. Chauncey Burr, editor of periodical The Old Guard]. A Ney.

Q What Ney? A The Commander of the Old Guard.

This grip is then taken: the little fingers of each right hand separating the remaining fingers, and the thumbs pressed across the knuckles of each hand.

Other signs To recognize a brother anywhere: stroke the mustache twice with the two first fingers of the right hand closed against the thumb. Answer: A gentle scratch behind the hair with the right hand. Q Were you out last night? A I were. Q Did you see the lone star? A I did. Q Which way did it point? A To the Southwest. Q Right, brother, followed by the grip.

Military Signs Hat raised and slightly flourished with the right hand, answered by raising hat and then slowly pressing it own with the right hand. In the field – a rammer drawn and returned with a flourish over the right shoulder.

In case of danger the person endangered asks, “Is it a Constitutional Act” and is answered, “Yes, the Constitution forever.”

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When the time comes for fighting, the Masters and members informed of the fact give notice to members by repeating the word “Away, away, away,” etc. To ascertain the number of troops in either army, after making the sign with the ramrod, a picket in rebel army asks, “How many mules have you?” Picket from the Union lines substitutes the word “cattle.”

Number of members In Oregon, about 2500; in California, 40,000; in Idaho, about 6000.

Miscellaneous Arms have recently been imported into Oregon for the order, all the money in the treasury was used for that purpose. They drill in all the Lodges, by night.

Entering a Lodge Pass the outside sentinel in silence and give one knock at the door. Ask of the Inside Sentinel, “Are you the Guard?” He will answer, “Yes, the Old Guard.” This is all that is necessary. Shelton, John. Statements in Regard to the Secret Political Organization: Knights of the Golden Circle 10 February 1865. MSS 468, Oregon Historical Society

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DOCUMENT #12

Excerpts from- Lincoln’s First Inaugural Address March 4, 1861

A disruption of the Federal Union, heretofore only menaced, is now formidably attempted.

It is safe to assert that no government proper ever had a provision in its organic law for its own termination. Continue to execute all the express provisions of our National Constitution, and the Union will endure forever, it being impossible to destroy it except by some action not provided for in the instrument itself.

If the United States be not a government proper, but an association of States in the nature of contract merely, can it, as a contract, be peaceably unmade by less than all the parties who made it? One party to a contract may violate it--break it, so to speak--but does it not require all to lawfully rescind it?

Descending from these general principles, we find the proposition that in legal contemplation the Union is perpetual confirmed by the history of the Union itself. The Union is much older than the Constitution. It was formed, in fact, by the Articles of Association in 1774. It was matured and continued by the Declaration of Independence in 1776. It was further matured, and the faith of all the then thirteen States expressly plighted and engaged that it should be perpetual, by the Articles of Confederation in 1778. And finally, in 1787, one of the declared objects for ordaining and establishing the Constitution was "to form a more perfect Union."

But if destruction of the Union by one or by a part only of the States be lawfully possible, the Union is less perfect than before the Constitution, having lost the vital element of perpetuity.

It follows from these views that no State upon its own mere motion can lawfully get out of the Union; that resolves and ordinances to that effect are legally void, and that acts of violence within any State or States against the authority of the United States are insurrectionary or revolutionary, according to circumstances.

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I consider that, in view of the Constitution and the laws, the Union is unbroken; and, to the extent of my ability, I shall take care, as the Constitution itself expressly enjoins upon me, that the laws of the Union be faithfully executed in all the States. Doing this I deem to be only a simple duty on my part.

I trust this will not be regarded as a menace, but only as the declared purpose of the Union that it will constitutionally defend, and maintain itself.

Before entering upon so grave a matter as the destruction of our national fabric, with all its benefits, its memories, and its hopes, would it not be wise to ascertain precisely why we do it?

All profess to be content in the Union if all constitutional rights can be maintained. Is it true, then, that any right plainly written in the Constitution has been denied? I think not.

If by the mere force of numbers a majority should deprive a minority of any clearly written constitutional right, it might in a moral point of view justify revolution; certainly would if such right were a vital one. But such is not our case. All the vital rights of minorities and of individuals are so plainly assured to them by affirmations and negations, guaranties and prohibitions, in the Constitution that controversies never arise concerning them. But no organic law can ever be framed with a provision specifically applicable to every question which may occur in practical administration. No foresight can anticipate nor any document of reasonable length contain express provisions for all possible questions. Shall fugitives from labor be surrendered by national or by State authority? The Constitution does not expressly say. May Congress prohibit slavery in the Territories? The Constitution does not expressly say. Must Congress protect slavery in the Territories? The Constitution does not expressly say.

One section of our country believes slavery is right, and ought to be extended, while the other believes it is wrong, and ought not to be extended. This is the only substantial dispute.

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Physically speaking, we cannot separate. We cannot remove our respective sections from each other, nor build an impassable wall between them. A husband and wife may be divorced, and go out of the presence, and beyond the reach of each other; but the different parts of our country cannot do this.

Suppose you go to war, you cannot fight always; and when, after much loss on both sides, and no gain on either, you cease fighting, the identical old questions are again upon you.

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DOCUMENT #13

Union Mass Meeting

Washington Standard, February 186-

Union Mass Meeting – We are ratified to find that a call, signed, we believe to be,

with great unanimity irrespective of party, by the citizens of Olympia and New

Market, is now in circulation, inviting all who love the Union and are opposed to

Pacific Confederacy, to assembly in mass meeting at the Capitol on the 14th int, at

3 o’clock; P.M. As no subject can be of more vital interest at the present time, to

every section of our Territory, we would be leave strongly to recommend that

similar meetings be held in, every county, at the earliest practicable day.

(February 186-) Union Mass Meeting. Washington Standard.

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DOCUMENT #14

Letter to Oregon Governor Gibbs from General Palmer November 8, 1864

Headquarters, District of Oregon Fort Vancouver, WT 8 November 1864 Alvord at Fort Vancouver to Palmer at Dayton, Oregon

My Dear General, The following is a copy of a letter of the 7th instant from Mr. Frank cooper of Salem to Gov. Gibbs: “Things have transpired in the last few days that make it my duty to write you. I am not alarmist but I know of my own knowledge that there are 4,644 (four thousand six hundred and forty four) men sworn to make civil war, against the loyal interests of this state, within 10 (ten) days from this date, if they can find excuse – if not they are going to oppose the Draft. The mail is just closed and I must close.” I send you this as you should be apprised of what is said. The threats may be vaporing. But it is well to be on our guard. I don’t know Mr. Cooper. Gov. Gibbs says that, “so far as he knows he is a reliable man.” The threat to rise in case of reelection of Lincoln has been made in various quarters. I want the aid and advice of cool heads. I don’t want to do anything unadvisedly. I shall if there is any commotion aim to welcome the assistance of all the loyal (the truly loyal) or all parties devoted to the preservation of peace. Please write me when you know anything which might interest. Ought this letter to be published? It would help the recruiting. I remain very truly yours, Benjamin Alvord, Brig. General

General Joel Palmer Dayton, Oregon

PS Have you read the Sacramento Union of the 28th, 29th and 1st November. The letter to the Union of 28th is by C.W. Berry as in the Union of 29th, and Barkin Barker’s letter is the one of 1st November.

J. Palmer “Letter to Governor Gibbs, 8 November 1864” Mss 114 Joel Palmer Papers, MSS 114, Oregon Historical Society, Eugene, OR

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DOCUMENT # 15

Union Resolves of Washington Territory The Washington Standard, March 9, 1861

Whereas. The present appalling conjuncture of our public affairs s calculated to elite in the heart of every loyal American, feelings of the most faxion solicitude and profound alarm, prophetic of the dire ct calamity that civil liberty has ever yet been called upon to endure; we therefore representing the present Legislative authority of Washington Territory an integrant portion of our common country, deem it our privelage and solemn duty on so momentus an occasion to give expression to the following sentiments. Resolved by the Legislative Assembly of Washington Territory

First. That we consider the preservation of our existing national Union as the first of all patriotic duties and the chief of all political blessings by which alone can be secured the identity of the American citizen and the fulfillment of our mission as the great exemplar of free institutions. Second. That it is the bounden duty of all good and true citizens and especially of those who guide and govern popular sentiment to counsel harmony and conciliation and to effect and maintain, by all necessary con concessions and compromises, the integrity and perpetuity of that holy brotherhood of States under which we have become the admiration of the world.

Third. That we utterly discountenance –as fraught with incipient treason, and the insidious offspring of reckless aspirations, disappointed ambition or culpable ignorance – all projects for a Pacific Confederacy, Washington Territory covets only the distinctions of exhibiting, first and last, her devotion to the entire Union, as credited by our ancestors, consecrated by their blood, and bequeathed to us, the palladium of civil and popular rights.

(1861, March 3) Union Resolves of Washington Territory. Washington Standard.

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DOCUMENT #16 – QUOTES CORVALLIS UNION

(One of the newspapers referred to as disloyal by the Post Master)

Southrons, hear your country calls you. Up! Lest worse than death befalls you! To arms! To arms! In Dixie! Lo! All the beacon fires are lighted. Let all hearts now united To arms! To arms! To arms! In Dixie! Advance the flag of Dixie. Hurrah! Hurrah!

Corvallis Union, February 1862 This newspaper is pleased that the Confederate Army won a great victory at First Manassas; the victory was a complete routh, and the South should feel proud.

Corvallis Union, August 1861 We have every reason to invoke divein interposition to stay the hand of Lincoln, paralyze his efforts and this put a stop to the war that has inaugurated and carries on.

Corvallis Union, September 1861

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DOCUMENT #17 Excerpts from- Letter from Abraham Lincoln to Erastus Corning and

Others Washington, June 12, 1863

I was elected contrary to their liking; and accordingly, so far as it was legally possible, they had taken seven states out of the Union, had seized many of the United States Forts, and had fired upon the United States’ Flag, all before I was inaugerated; and, of course, before I had done any official act whatever. The rebellion, thus began soon ran into the present civil war; and, in certain respects, it began on very unequal terms between the parties. The insurgents had been preparing for it more than thirty years, while the government had taken no steps to resist them.

Their sympathizers pervaded all departments of the government, and nearly all communities of the people. From this material, under cover of "Liberty of speech" "Liberty of the press" and "Habeas corpus" they hoped to keep on foot amongst us a most efficient corps of spies, informers, suppliers, and aiders and abettors of their cause in a thousand ways.

Yet, thoroughly imbued with a reverence for the guaranteed rights of individuals, I was slow to adopt the strong measures, which by degrees I have been forced to regard as being within the exceptions of the constitution, and as indispensable to the public Safety.

Ours is a case of Rebellion—so called by the resolutions before me—in fact, a clear, flagrant, and gigantic case of Rebellion; and the provision of the constitution that "The privilege of the writ of Habeas Corpus shall not be suspended, unless when in cases of Rebellion or Invasion, the public Safety may require it" is the provision which specially applies to our present case. In [this] case, arrests are made, not so much for what has been done, as for what probably would be done. [They are] more preventive [than] vindictive.

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Must I shoot a simple-minded soldier boy who deserts, while I must not touch a hair of a wiley agitator who induces him to desert? This is none the less injurious when effected by getting a father, or brother, or friend, into a public meeting, and there working upon his feelings, till he is persuaded to write the soldier boy that he is fighting in a bad cause, for a wicked administration of a contemptable government, too weak to arrest and punish him if he shall desert. I think that in such a case, to silence the agitator, and save the boy, is not only constitutional, but, withal, a great mercy.

If I be wrong on this question of constitutional power, my error lies in believing that certain proceedings are constitutional when, in cases of rebellion or Invasion, the public Safety requires them, which would not be constitutional when, in absence of rebellion or invasion, the public Safety does not require them—in other words, that the constitution is not in it’s application in all respects the same, in cases of Rebellion or invasion, involving the public Safety, as it is in times of profound peace and public security.

The constitution itself makes the distinction; and I can no more be persuaded that the government can constitutionally take no strong measure in time of rebellion, because it can be shown that the same could not be lawfully taken in time of peace, than I can be persuaded that a particular drug is not good medicine for a sick man, because it can be shown to not be good food for a well one. Nor am I able to appreciate the danger, apprehended by the meeting, that the American people will, by means of military arrests during the rebellion, lose the right of public discussion, the liberty of speech and the press, the law of evidence, trial by jury, and Habeas corpus, throughout the indefinite peaceful future which I trust lies before them, any more than I am able to believe that a man could contract so strong an appetite for emetics during temporary illness, as to persist in feeding upon them through the remainder of his healthful life.

A. Lincoln. Letter to Erastus Corning and Others, 12 June 1863.

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DOCUMENT #18

Letter to Oregon Governor Gibbs from Postmaster J.D. West

October 13, 1862 Governor Addison C. Gibbs October 13, 1862 Sir: It becomes my painful duty to call your attention to the disloyal newspapers

published in Oregon, viz, the Corvallis Weekly Union, the Democratic Register, and

particularly to me, acting as postmaster of this place. It grieves me to the heart to

think that the Loyal portion of this community are subscribing liberally for the

relief of our sick and wounded soldiers in the east and those semi-traitors are

allowed to published their exultations over the war misfourtunes [sic] and speak

with derision of the Chief Magistrate of this Nation who is tring to execute the

laws according to the Constitution. Sir, will you be kind enough to inform me

who has the right to or he authority to refuse these papers transmition {sic}

through the U.S. mail. If you could have them suppressed or refused transmition

[sic] through the mails, you would confer a lasting favor on the United men of

the County.

With great Respect, I am, Sir Your obedient servant, J.D. West, Postmaster To His Excellent A.C. Gibbs J.D. West. Letter to Oregon Governor Gibbs 13 October 1862. Oregon Historical Society.

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DOCUMENT #19

Excerpts from- The Portland Advertiser and the Olympia

Postmaster Washington Standard November 16, 1861

(In reference to Postmasters involvement in suppression of the Portland Advisor) We are of those who believe in calling things by their right names and when we see a journal daily disseminating treasonable sentiments, filled with the invocations of the wrath of God against the national government and the Union, studiously inciting the people of this coast and set a defiance the legally-constituted authorities in time of imminent national peril, we do not hesitate to pronounce such a journal seditious and treasonable and its editor a traitor, deserving the rigor of the law. Such for months past as been course of the Portland Adviser and we believe our people and the federal officers of this Territory did but their duty as loyal citizens when they solicited the Postmaster of this place to refuse to propagate treason by the further delivery of this infamous, scandalous and traitorous journal. They who faltered not in thus avowing their allegiance to our common country, they who have so recently renewed their allegiance by taking the oath to support, protect, and defend the Constitution and government form domestic enemies but did their duty in this attempt to close the avenue through which was daily transmitted these nauseous vapors of most perfidious treason. They would have been derelict had they failed to injure “are appropriations voted by Congress to carry insidious appeals based upon falsehood and treason to ur fellow-citizen to subvert and destroy the/this Holy Compact, our National Constitutions and to disrupt and dismember the glorious fabric bequeathed to u by Our Fathers, the Union of these States. It was their duty to pause and enquire, “Are postmasters commissioned by the authorities entrusted with the preservation of our nationality, mere agents to disseminate the seeds of anarchy, rebellion, and civil war, to build up a party in our midst who preach seditions and practice treason?”

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We believe the Postmaster of Olympia should refuse to deliver the perstiferous, treason-preaching sheet whose name aeds this article, and other kindred journals. We do not claim for him a censorship of the press, or that being mere letter of the law in ordinary times, would justify his refusal to deliver newspapers coming through the mail; but we are prepared in these extraordinary times, when the Union is in danger, the Government devoting all of this energies to crush out rebellion, to commend to our worthy Postmaster, (whose loyalty is beyond suspicion,; for whome we entertain the highest personal regard; who we know detests as we the hideous, treasonable dogma of that delectable sheet,) … We all know that in all the States that have claimed to have seceded, Postmasters have refusted to deliver any newspaper which did not bow down and worship the Moloch of slavery. We all know that our paper could not have been distributed from any office in the slaveholding States because of its political sentiments, while the Portland Advertiser would go anywhere through the Union, and to any office? Is not the Portland Adviser inflammatory and incendiary and insurrectionary in the in highest degree??! Day after day, it teems with treason and seditions of the most loathsome character… We earnestly protest agains a continued delivery of these papers at our Postoffice. We protest against eh future abuse of our mail system in transmitting and disseminating the pestiferous seeds of sedition and treason. We protest against appropriations for the mail service being misapplied to the carriage of such matter… We implore the Commander of this military district and the United States marshal of Oregon to…put an end to the treason inciting acts of Curry and his traitorous cohorts to rally a art on this coast to carry out the treasonable designs, to which they are stimulated by their pledge to subvert the National Union.

(1862 November 16) Portland Advertiser and the Olympia Postmaster. Washington Standard.

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DOCUMENT #20

Freedom of the Press Oregon Weekly Union, September 16, 1861

There is no more freedom of the press. It has been stricken down by the strong

arm of military power. The right of “free discussion” and of a “free press” which

the framers of the Federal Constitution thought they had irrevocably secured to

posterity, are but things of the past. In the Atlantic States there is no more liberty

to criticize the acts of the Administration. The motto of the Abolitionists is that

their “King can do no wrong.” What the supreme power of the land – the

Congress of the United States – cannot do is being done by the mob and the

musket. The Democratic press is interdicted in the mails and robbed out of the

expresses.

(1861, September 16) Freedom of the Press. Oregon Weekly Union.

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DOCUMENT #21

Freedom of the Press Eugene City Review, January 3, 1862

“Freedom of the Press” We believe the Administration already sees its error in interfering with the

freedom of the press, and though it has not had the moral courage to

acknowledge its fault, we hardly think it will seek o further persecute journals

that express the sentiments of a large majority of the people, on whom the

Administration is dependent for its existence… Against Lincoln and his cabinet,

we harbor no hatred any more than we hold against all men with their

sentiments. We war against no individual or set of men; it is the spirit of tyranny

that we hate, and we are determined to fight, no matter what man or men

support it.

The motto of the Democratic banner is FREEDOM – freedom of speech, freedom

of press, and freedom of the white man before the negro. It bows to the sanctity

of the habeas corpus, and gives equal political rights to all men capable of

appreciating the price of liberty. Woe to him who attempts to trail this flag in the

dust and deface its mottoes; we will war with him to the wall….

It has been a principle in the laws of all civilized nations, form the forming of the

Justinian Code up to the breaking out of the second American revolution that he

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Forum, the Press and the Pulpit should have the greatest liberty possibly, so that

the use or abuse of that liberty does not conflict with the rights of others. For

centuries it has been the pride of nations to hold almost as sacred the liberties of

the press. Is it possible, then, that the wisdom of the man Lincoln is so much

superior so that of all the sages and philosophers, that he can pronounce the

liberty of the press dangerous. Does his action in this matter spring from a far-

seeing wisdom or a short-sighted tyranny? History will cast its verdict by and

by… It has been the duty and mission of the press, since its birth to war against

oppression, hense we see that invariably the first step of tyranny has always been

to suppress the freedom of the press, for tyrants are not fools; they know and

acknowledge its influence, and feel and fear its power… We trust hat the

[Lincoln] administration is beginning to see that it now sees that American

liberty can bend but it cannot be broken; that it will yield for a time to the force of

circumstances, but that a reaction will always follow, terrible to tyrants.

Believing that we are right, that we always have been right in the present

political issues; believing that the liberties of the press are interwoven with the

liberties of a free people, and believing that the Administration now sees the

danger of fettering further the guardians of human liberty, we proudly hoist

again the true Democratic colors…

(1862, January 3) Freedom of the Press. Eugene City Review.

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DOCUMENT #22

Eugene Democratic Registrar September 20, 1862

War Department Washington, DC August 8, 1862 Ordered: First, that all United States Marshals and Superintendents or Chiefs of Police

of any town, city of district be, and they are hereby authorized and directed, to arrest and

imprison any person or persons who may be engaged in act, speech, or writing in any

other disloyal practice against the United States.

Second, that an immediate report be made to Major L.C. Turner, Judge Advocate in order

that such personal may be tried before a military commission.

Third that the expense of such arrest and imprisonment will be certified to by the Chief

Edwin Stanton, Secretary of War.

Where in the annals of history can be found a more despotic decree than the

above? Where is that Constitution guarantying [sic] free speech, trial by jury,

etc.? What American citizen can now call himself a freeman? Russian

despotism, Turkish absolutism, cannot vie with it. Citizens of America, you are

slaves! Your lives, fortunes and liberties are at the mercy of Federal officials.

“Disloyal practice!” Who shall define it? If this rouse not the people to

resistance, then we shall cease to hope that America shall be free again. But they

have been warned so often and so earnestly, that we have but little hope that

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anything less violent than the resurrection trumpet will stir again in their hearts

the slumbering fires of freedom.

(1862, September 20) Eugene Democratic Registrar

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DOCUMENT #23

Official War Bulletin August 8, 1862

PERSONS LIABLE TO DRAFT NOT ALLOWED TO LEAVE THEIR COUNTRY.

The following order has just been issued by the War Department: WAR DEPARTMENT, WASHINGTON, D.C., Aug. 8, 1862

An order to prevent the evasion of military dutie, and for the suppression of disloyal practices. First: By direction of the President of the United States, it is hereby ordered that, until further orders, no citizen liable to be drafted into the militia shall be allowed to go to a foreign country: and all marshals, deputy marshals, and military officers of the United States are directed, and all police authorities, ...are hereby authorized and directed to arrest and detain anyperson or persons about to depart from the United States in violation of this order…

Second: Any person liable to draft, who shall absent himself from his country or State before such draft is made, will be arrested.. and conveyed to the nearest military post or depot and lace on military duty for the term of the draft;

Third: The writ of habeas corpus is herby suspended in respect to all persons so arrested and detained, and in respect to all persons arrested for disloyal practices.

PERSONS DISCOURAGING ENLISTMENTS TO BE ARRESTED.

The following order, authorizing the arrest of persons discouraging enlistment, has been issued:

Ordered: First, that all United States Marshals and Superintendents or Chiefs of Police of any town, city of district be, and they are hereby authorized and directed, to arrest and imprison any person or persons who may be engaged in act, speech, or writing in any other disloyal practice against the United States. Second, that an immediate report be made to Major L.C. Turner, Judge Advocate in order that such personal may be tried before a military commission. Third that the expense of such arrest and imprisonment will be certified to by the Chief Edwin Stanton, Secretary of War.

(1862 August 8) Official War Bulletin