following preamble and resolutions, which were read by the clerk, creating quite a sensation on the floor, among the privileged seats, and in the galleries: Whereas, The unconstitutional enactment of laws by the Congress of the United States, upon subjects of vital importance to the harmony and independence of the States, the happiness and prosperity of the people, the preservation and perpetuation of the Union, against the demands of justice, the appeals and admonitions of her best and wisest statesmen, made it our painful duty to fall back upon the rights for which the colonies maintained the war of the Revolution, and which our forefathers asserted and maintained to be clear and inalienable: lutions submitted by the gentleman from North Carolina, [Mr. Leach,] and he found that they look to separate State action in the prosecution of peace. Taking that view of them, he could not give them his countenance or support. He asked leave to change his vote on the motion to lay them upon the table. He had voted "aye;" he would now vote "no." Mr. J. T. LEACH said he held in his hand the address of the last Congress to the people of the Confederate States. The principles there enunciated were embodied almost wholly in these resolutions. Mr. SWAN, of Tennessee, asked and obtained leave to change his vote on the motion to lay the resolutions on the table. Mr. READ, of Kentucky, moved to reconsider the vote by which the resolutions were disposed of, so that all the members might exercise their discretion in voting. Resolved, by the Congress of the Confederate States, That the delegates from each State, acting in sovereign and indeMr. MARSHALL, of Kentucky, was for treating the resolu pendent character, for the purpose of adding moral to our tions of the gentleman from North Carolina, with becoming physical force, and placing ourselves properly before the respect. They did not represent his own views more than civilized world, do most earnestly appeal to the President, the views of his congressional district. He thinks they are by and with the advice and consent of the Senate, to appoint proper and right, and so think his constituents. commissioners whose duty it shall be to propose an armistice The debate soon began to be somewhat stormy and per of ninety days to the proper authorities of the Federal Gov-sonal, and, after much wrangling, the resolutions were ernment, preliminary to negotiation upon State sovereignty tabled by 62 ayes to 22 nays. and independence; and the said commissioners shall report in writing to the President the answer received from the Federal Government upon the subject. Resolved, That should the peace-making power of the Federal Government accede to the proposition for an armistice of ninety days, the President be requested to convene the Congress of the Confederate States for the purpose of appointing commissioners, by and with the advice and conBent of the Senate; and that he be also requested to notify the executive of the several States of the fact, and ask their co-operation by appointing commissioners, either by the Legislature or by convention, to co-operate with the commissioners appointed by the President, and to negotiate with the commissioners appointed by the Federal Government upon such terms of peace as will be consistent with the honor, dignity, and independence of the States, and compatible with the safety of our social and political rights. Resolved, That in maintaining the rights guaranteed to us by the blood and treasure of our revolutionary fathers, and dear at all times to freemen, we desire to be let alone. We take no man's property; we fight not for conquest, but for our rights, the independence of the States, our equality, our civil and religious liberties. Resolved, That such terms of peace as agreed to by the Commissioners ought to be endorsed by the President and Senate, and submitted to the people for their ratification or rejection. Mr. FOOTE, of Tennessee, moved the reference of the preamble and resolutions to the Committee on Foreign Affairs. Mr. MCMULLEN inquired whether the subject of the resolutions was not a proper one for the secret session. Mr. LEACH said he desired it to be discussed in open sion. CORRESPONDENCE BETWEEN JEFF. DAVIS AND GOV. VANCE, OF NORTH CAROLINA. His Excellency President DAVIS: The recent action of the Federal House of Representatives, though meaning very little, has greatly excited the public hope that the northern mind is looking toward peace. I am promised by all men who advocate this course that if fair terms are rejected it will tend greatly to strengthen and intensify the war feeling, and will rally all classes to a more cordial support of the Government. And although our position is well known as demanding only to be let alone, yet it seems to me that for the sake of humanity, without having any weak or improper motives attributed to us, we might, with propriety, constantly tender negotiations. In doing so we would keep conspicuously be fore the world a disclaimer of our responsibility for the great slaughter of our race, and convince the humblest of our citizens-who sometimes forget the actual situationthat the Government is tender of their lives and happiness, and would not prolong their sufferings unnecessarily one moment. Though statesmen might regard this as useless, the peo ses-ple will not, and I think our cause will be strengthened thereby. I have not suggested the method of these negotiations or their terms. The effort to obtain peace is the principal matter. Mr. CONRAD rose to a point of order. A rule was adopted at the last session, which is still force, requiring that all such resolutions be received and discussed in secret session. The SPEAKER said that such a rule had been adopted, but It had special reference to the last session. Mr. LEACH insisted that the importance of the question involved in the resolutions should commend them to the gravest considerations of the body. They were not his views only, but the views of his constituents, and a good portion of the people of North Carolina. Mr. A. H. GARLAND, of Arkansas, hoped the gentleman would not proceed until the Chair had settled the point of order that had been raised. Mr. FooTE renewed his motion to refer the resolutions to the Committee on Foreign Affairs. Mr. MCMULLEN moved to lay the resolutions upon the table. Mr. MARSHALL, of Kentucky, rose to a point of order. The gentleman from North Carolina [Mr. Leach] had the floor, and he had not yielded it. The gentleman from Virginia [Mr. McMullen] was usurping the floor. Mr. FOOTE didn't want to cut off any remarks the gentleman from North Carolina might have to make in support of his resolutions. Mr. LEACH said the presentment of the resolutions was a duty ho owed to himself and his constituents. If the House didn't like the resolutions, it can dispose of them in any manner that it sees proper. All he asked was a full and impartial hearing; that accorded him and his resolutions, he would be satisfied. Mr. MCMULLEN withdrew his motion, and Mr. HEISKELL, of Tennessee, renewed his-the call for the ayes and noes upon laying the resolutions upon the table. The ayes and noes were taken and the resolutions tabled. After a short interval, Mr. CONRAD, of Louisiana, rose to a personal explanation. He had read over the peace reso Allow me to beg your earnest consideration of this sug gestion. Z. B. VANCE Very respectfully yours, DAVIS'S REPLY. EXECUTIVE OFFICE, RICHMOND, January 8, 1864. DEAR SIR: I have received your letter of the 30th ult containing suggestions of the measures to be adopted for the purpose of removing "the sources of discontent" in North Carolina. The contents of the letter are substantially the same as those of the letter addressed by you to Senator Dortch, extracts of which were by him read to me. I remarked to Mr. Dortch that you were probably not aware of the obstacles to the course you indicated, and, without expressing an opinion on the merits of the proposed policy, desired him in answering your letter to write for suggestions as to the method of opening negotiations, and as to the terms which you thought should be offered to the enemy. I felt persuaded you would appreciate the difficulties s soon as your attention was called to the necessity of considering the subject in detail. As you have made no sag gestions touching the manner of overcoming the obstacles, I infer that you were not apprised by Mr. Dortch of my remarks to him. Apart from insuperable objections to the line of policy you propose (and to which I will presently advert) I cannot see how the more material obstacles are to be surmounted. We have made three distinct efforts to communicate with the authorities at Washington, and have been invariably unsuccessful. Commissioners were sent before hostilities were begun, and the Washington Government refused ▶ receive them or hear what they had to say. sentatives? A second time I sent a military officer, with a communi- | otherwise. how are we to treat with the House of Repreation addressed by myself to President Lincoln. The letter was received by General Scott, who did not permit the officer to see Mr. Lincoln; but promised that an answer would be sent. No answer has ever been received. The third time, a few months ago, a gentleman was sent, whose position, character, and reputation were such as to insure his reception, if the enemy were not determined to receive no proposals whatever from the Government. Vice President Stephens made a patriotic tender of his services in the hope of being able to promote the cause of humanity, and although little belief was entertained of his succes, I cheerfully yielded to his suggestion, that the experiment should be tried. It is with Lincou alone that we ever could confer, and his own partisans at the North avow unequivocally that his purpose in his message and proclamation was to shut out all hope that he could ever treat with us on any terms. If we will break up our Government, dissolve the Confedera cy, disband our armies, emancipate our slaves, take an oath of allegiance binding ourselves to obedience to him and of disloyalty to our own States, he proposes to pardon us and not to plunder us of anything more than the property already stolen from us, and such slaves as still remain. In order to render his proposals so insulting as to secure their rejection, he joins to them a promise to support with his The enemy refused to let him pass through their lines, army one-tenth of the people of any State who will attempt or to hold any conference with them. He was stopped be- to set up a government over the other nine-tenths, thus fore he ever reached Fortress Monroe on his way to Wash-seeking to sow discord and suspicion among the people of ington. To attempt again in the face of these repeated the several States, and excite them to civil war in further rejections of all conference with us, to send commissioners ance of his ends. or agents to propose peace, is to invite insult and contumely, and to subject ourselves to indignity without the slightest chance of being listened to. No true citizen, no man who has our cause at heart, can desire this; and the good people of North Carolina would be the last to approve of such an attempt, if aware of all the facts. So far from removing sources of discontent, such a course would receive, as it would merit, the condemnation of those true patriots who have given their blood and their treasure to maintain the freedom, equality, and independence which descended to them from the immortal heroes of King's Mountain and other battle-fields of the Revolution. If, then, these proposals cannot be made through envoys, because the enemy would not receive them, how is it possible to communicate our desire for peace otherwise than by the public announcements contained in almost every message I ever sent to Congress? I cannot recall at this time one instance in which I have failed to announce that our only desire was peace, and the only terms which formed a sine qua non, were precisely those that you suggested, namely "a demand only to be let alone." But suppose it were practicable to obtain a conference through commissioners with the Government of President Lincoln, is it at this moment that we are to consider it desirable or even at all admissible? Have we not just been apprised by that despot that we can only expect his gracious pardon by emancipating all our slaves, swearing allegiance and obedience to him and his proclamation, and becoming, in point of fact, the slaves of our own negroes? Can there be in North Carolina one citizen so fallen beneath the dignity of his ancestors as to accept, or to enter conference on the basis of these terms? That there are a few traitors in the State who would be willing to betray their fellow-citizens to such a degraded condition, in hope of being rewarded for treachery by an escape from the common doom, may be true. But I do not believe that the vilest wretch would accept such terms for himself. I cannot conceive how the people of your State, than which none has sent nobler or more gallaut soldiers to the field of battle, (one of whom it is your honor to be,) can have been deceived by anything to which you refer in "the recent action of the Federal House of Representatives." I have seen no action of that House that does not Indicate, by a very decided majority, the purpose of the enemy to refuse all terms of the South, except absolute, unconditional subjugation or extermination. But if it were This is the correspondence: CONFEDERATE STATES STEAMER TORPEDO, IN JAMES RIVER, July 4, 1863. SR: As military commissioner, I am the bearer of a communication in writing from Jefferson Davis, Commander-inChief of the land and naval forces of the Confederate States, to Abraham Lincoln, Commander-in-Chief of the land and naval forces of the United States. The Hon. Robert Ould, Confederate States agent of exchange, accompanies me as secretary, for the purpose of delivering the communication in person and conferring upon the subJect to which it relates. I desire to proceed to Washington in the steamer Torpedo, commanded by Lieut. Hunter Davidson, of the Confederate States Navy, no person being on board but the Hon. Mr. Ould, myself, and the boat's offi cers and crew. I know well it would be impossible to get your people, if they possessed full knowledge of these facts, to consent that proposals should now be made by us to those who control the Government at Washington. Your own well-known devotion to the great cause of liberty and independence, to which we have all committed whatever we have of earthly possessions, would induce you to take the lead in repelling the bare thought of abject submission to the enemy. Yet peace on other terms is now impossible. To obtain the sole terms to which you or I could listen, this struggle must continue until the enemy is beaten out of his vain confidence of our subjugation. Then, and not till then, will it be possible to treat for peace. Till then, all tender of terms to the enemy will be received as proof that we are ready for submission, and will encourage him in the atrocious warfare which he is waging. I fear much from the tenor of the news I receive from North Carolina, that an attempt will be made by some bad men to inaugurate movements which must be considered as equivalent to aid and comfort to the enemy, and which all patriots should combine to put down at any cost. You may count on my aid in every effort to spare your State the scenes of civil warfare, which will devastate its homes if the designs of these traitors be suffered to make headway. I know that you will place yourself in your le gitimate position in the lead of those who will not suffer the name of the Old North State to be blackened by such a stain. Will you pardon me for suggesting that my only source of disquietude on the subject arises from the fear that you will delay too long the action which now appears inevitable, and that by an overearnest desire to reclaim by conciliation men whom you believe to be sound at heart, but whose loyalty is more than suspected elsewhere, you will permit them to gather such strengthas to require more violent measures than are now needed? With your influence and position, the promoters of the unfounded discontent now prevalent in your State would be put down without the use of physical force if you would abandon a policy of conciliation and set them at defiance. In this course, frankly and firmly pursued, you could rally around you all that is best and noblest in your State, and your triumph would be bloodless. If the contrary policy be adopted, I much fear you will be driven to the use of force to repress treason. In either event, however, be assured that you will have my cordial concurrence and assistance in maintaining with you the honor, dignity, and fair fame of your State, and in your efforts to crush treason, whether incipient, as I believe it now to be, or more matured, as I believe, if not firmly met, it will in our future inevitably become. I have the honor to be, very respectfully, yours, JEFFERSON DAVIS. His Excellency Z. B. VANCE, Governor of North Carolina, Raleigh, N. C. THE LATEST FROM JEFF. DAVIS. James R. Gilmore-otherwise known as "Edmund Kirke"-who recently visited Richmond with Col. Jacques, writes an explanatory note respecting his visit to the Boston Transcript of July 22, 1864, in which he says of their "mission": It will result in nothing. Jefferson Davis said to me last Sunday, (and with all his faults I believe him to be a man of truth): "This war must go on till the last of this generation falls in his tracks, and his children seize his musket and fight our battle, unless you acknowledge our right to self-government. We are not fighting for slavery; we are fighting for independence, and that or extermination we will have." MILITARY ORDERS RESPECTING ELECTIONS. Maryland. EXTRACT FROM AN ACT OF ASSEMBLY OF 1860. No commissioned or non-commissioned officer, having command of any soldier or soldiers quartered or posted in any district of any county in this State, shall muster or embody any of the said troops, or march any recruiting party within the view of any place of election, during the time of holding said election, under the penalty of one hundred dollars. This section not to apply to the city of Baltimore. ELECTION OF 1861. 1861, Oct. 29-General Marcy, Chief of McClellan's Staff, issued this order: HEADQUARTERS ARMY OF THE POTOMAC, WASHINGTON, October 29, 1861. GENERAL: There is an apprehension among Union citizens in many parts of Maryland of an attempt at interference with their rights of suffrage by disunion citizens on the oc casion of the election to take place on the 6th of November next. In order to prevent this, the major general commanding directs that you send detachments of a sufficient number of men to the different points in your vicinity where the elections are to be held to protect the Union voters, and to see that no disunionists are allowed to intimidate them, or in any way to interfere with their rights He also desires you to arrest and hold in confinement till after the election all disunionists who are known to have returned from Virginia recently and who show themselves at the polls, and to guard effectually against any invasion of the peace and order of the election. For the purpose of carrying out these instructions you are authorized to suspend the habeas corpus. General Stone has received similar instructions to these. You will please confer with him as to the particular points that each shall take the control of. Major General N. P. BANKS, I am, sir, very respectfully, your obedient servant, R. B. MARCY, Chief of Staff. Commanding Division, Muddy Branch, Md. Nov. 1-Gen. John A. Dix issued this order: HEADQUARTERS, BALTIMORE, November 1, 1861. To the United States Marshal of Maryland, and the Provost Marshal of the city of Baltimore. Information has come to my knowledge that certain individuals who formerly resided in this State, and who are known to have been recently in Virginia bearing arms against the authority and the forces of the United States, have returned to their former homes with the intention of taking part in the election of the 6th of November instant, thus carrying out at the polls the treason they have committed in the field. There is reason also to believe that other Individuals lately residents in Maryland, who have been engaged in similar acts of hostility to the United States, or in actively aiding and abetting those in arms against the United States, are about to participate in the election for the same treacherous purpose, with the hope of carrying over the State by disloyal votes to the cause of rebellion and treason. I, therefore, by virtue of the authority vested in me to arrest all persons in rebellion against the United States, require you to take into custody all such persons in any of the election districts or precincts in which they may appear at the polls to effect their criminal attempt to con vert the elective franchise into an engine for the subver sion of the Government, and for the encouragement and support of its enemies. In furtherance of this object, I request the judges of elec tion of the several precincts of the State, in case any such person shall present himself and offer his vote, to commit him until he can be taken into custody by the authority of the United States; and I call on all good and loyal citizens to support the judges of election, the United States marshal, and his deputies, and the provost marsha! of Baltimore and police, in their efforts to secure a free and fair expression of the voice of the people of Maryland, and at the same time to prevent the ballot-box from being polluted by treasonable votes. JOHN A. DIX, Major General Commanding. Same day, he addressed this letter to the inspectors of the election at New Windsor, Carroll county: HEADQUARTERS DEPARTMENT OF PENNSYLVANIA, BALTIMORE, MD., November 1, 1861. GENTLEMEN: I have received your letter of the 29th ul timo, asking me to issue a proclamation authorizing you to administer to all persons of doubtful loyalty, who offer their votes at the approaching election, an oath to support the Constitution of the United States. If I had the power I would most cheerfully do so, for no one who is false to the Government ought to be allowed to vote. But the constitution and laws of Maryland provide for the exercise of the elective franchise by regulations with which I have no right to interfere. I have this day issued an order, of which I enclose a copy, to the United States marshal and the provost marshal of Baltimore to arrest any persons who have been in arms in Virginia if they appear at the polls and at tempt to vote, as we are told some such persons intend, and to take into custody all who aid and abet them in their treasonable designs; and I have requested the judges of election, in case any such person presents himself at the polls and attempts to vote, to commit him until he can be taken into custody by the authority of the United States. I consider it of the utmost importance that the election should be a fair one, and that there should be no obstruc tion to the free and full expression of the voice of the peo in favor of the Union. But it is in the power of the judges ple of the State, believing, as I do, that it will be decidedly of election, under the authority given them, to satisfy themselves as to the qualifications of the voters, to put to those who offer to poll such searching questions in regard to res idence and citizenship as to detect traitors, and, without any violation of the constitution or laws of Maryland, to prevent the pollution of the ballot-boxes by their votes. I am, very respectfully, yours, JOHN A. DIX, Major General Commanding. DANIEL ENGEL and WILLIAM ECKER, Inspectors of Election, New Windsor. MAJOR GENERAL DIX'S ORDER TO PROVOST NARSHAL DODGE BEFORE THE MARYLAND ELECTION OF 1861.* GEN. M'CLELLAN'S ORDER TO GEN. BANKS. HEADQUARTERS ARMY OF THE POTOMAC, Major Gen. N. P. BANKS, Commanding, &c.: either by taking up arms against them, or aiding, abetting, or countenancing those in arms against them; that, with out permission from the lawful authority, I will have no communication, direct or indirect, with the States in insur rection against the United States, or with either of them, or with any person or persons within said insurrectionary States; and that I will in all things deport myself as a good and loyal citizen of the United States. This I do in good faith, with full determination, pledge, and purpose to keep this, my sworn obligation, and without any mental reservation or evasion whatsoever. 3. Provost marshals and other military officers are directed to report to these headquarters any judge of an elecwho, on challenge of a vote being made on the ground of tion who shall refuse his aid in carrying out this order, or disloyalty or hostility to the Government, shall refuse to require the oath of allegiance from such voter. By order of Major General Schenck: W. H. CHESEBROUGH, Lieutenant Colonel and Assistant Adjutant General PROVOST MARSHAL GENERAL'S ORDER. WAR DEPARTMENT, PROVOST MARSHAL GENERAL'S OFFICE, WASHINGTON, D. C,, October 31, 1863. Direct your provost marshals to give their aid in carrying out General Schenck's orders for preserving the purity of elections at the polls in Maryland. JAMES B. FRY, Provost Marshal General. Major JEFFRIES, Acting Assistant Provost Marshal General, Baltimore, Maryland. November 2-Governor BRADFORD issued this proclamation: To the citizens of the State, and more especially the judges of election: A military order, issued from the headquarters of the "Middle Department," bearing date the 27th ult., printed and circulated, as it is said, through the State, though never Sufficient time is to be allowed the soldiers thus fur- yet published here, and designed to operate on the ap loughed to enable them to return after voting, without ex-proaching election, has just been brought to my attention, ceeding the term fixed for their furlough; but a prompt return is desired. Whenever it may be necessary, the absent soldier should be replaced for the time by other troops. The General Commanding desires that the receipt of this communication be acknowledged at once. I have the honor to be, General, very respectfully, your obedient servant, S. WILLIAMS, Asst. Adj. Gen. ELECTION OF 1863. and is of such a character and issued under such circumstances as to demand notice at my hands. This order reciting, "that there are many evil disposed persons now at large in the State of Maryland, who have been engaged in rebellion against the lawful Government, or have given aid and comfort, or encouragement to others so engaged, or who do not recognize their allegiance to the United States, and who may avail themselves of the indulgence of the authority which tolerates their presence, to embarrass the approaching election, or through it to foist enemies of the United States into power," proceeds, among other things, to direct "all provost marshals and other military officers, to arrest all such persons found at or hanging 1863, October 27-General Schenck issued about, or approaching any poll or place of election, on the this order: [General Orders No. 53.] HEADQUARTERS, MIDDLE DEPARTMENT, BALTIMORE, MARYLAND, October 27, 1863. It is known that there are many evil disposed persons, now at large in the State of Maryland, who have been engaged in rebellion against the lawful Government, or have given aid and comfort or encouragement to others so engaged, or who do not recognize their allegiance to the Cuited States, and who may avail themselves of the indulgence of the authority which tolerates their presence to embarrass the approaching election, or, through it, to foist enemies of the United States into power. It is therefore ordered, 1. That all provost marshals and other military officers do arrest all such persons found at, or hanging about, or approaching any poll or place of election on the 4th of November, 1863, and report such arrest to these headquarters. 2. That all provost marshals and other military officers commanding in Maryland shall support the judges of election on the 4th of November, 1863, in requiring an oath of allegiance to the United States, as the test of citizenship of any one whose vote may be challenged on the ground that he is not loyal, or does not admit his allegiance to the United States, which oath shall be in the following form and terms: I do solemnly swear that I will support, protect, and defend the Constitution and Government of the United States against all enemies, whether domestic or foreign; that I hereby pledge iny allegiance, faith, and loyalty to the same, any ordinance, resolution, or law of any State convention, or State Legislature, to the contrary notwithstanding; that I will at all times yield a hearty and willing obedience to the said Constitution and Government, and will not, either directly or indirectly, do any act in hostility to the same, 4th of November, 1863, and report such arrest to these headquarters." This extraordinary notice has not only been issued without any notice to, or consultation with the constituted anthorities of the State, but at a time and under circumstances when the condition of the State, and the character of the candidates are such as to preclude the idea that the result of that election can in any way endanger either the safety of the Government, or the peace of the community. It is a well known fact that, with perhaps one single exception, there is not a congressional candidate in the State whose loyalty is even of a questionable character, and in not a county of the State outside of the same congressional district is there, I believe, a candidate for the Legislature or any State office, whose loyalty is not equally undoubted. In the face of this well known condition of things, the several classes of persons above enumerated are not only to be arrested at but “approaching any poll or place of election." And who is to judge whether voters thus on their way to the place of voting have given "aid, comfort, or encouragement" to persons engaged in the rebellion, or that they do not recognize their allegiance to the United States," and may avail themselves of their presence at the polls "to foist enemies of the United States into power?" As I have already said, in a very large majority of the counties of the State there are not to be found among the candidates any such "enemies of the United States," but the provost marshals-created for a very different purposeand the other military officials who are thus ordered to arrest approaching voters are necessarily made by the order the sole and exclusive judges of who fall within the proscribed category; an extent of arbitrary discretion, under any circumstances the most odious and more especially offensive and dangerous in view of the known fact that two at least of the five provost marshals of the State are themselves candidates for important offices, and sundry of their deputies for others. This military order, therefore, is not only without justification when looking to the character of the candidates before the people, and rendered still more obnoxious by the means appointed for its execution, but is equally offensive to the sensibilities of the people themselves and the authorities of the State, looking to the repeated proofs they have furnished of an unalterable devotion to the Government. For more than two years past there has never been a time when, if every traitor and every treasonable sympathizer in the State had voted, they could have controlled, whoever might have been their candidates, a single department of the State or jeopardized the success of the General actuated by more heartfelt or unwavering loyalty than Maryland-a loyalty intensified and purified by the ordeal through which it has passed; and yet looking to what has lately transpired elsewhere and to the terms and character of this military order, one would think that in Maryland and nowhere else is the Government endangered by the "many evil disposed persons that are now at large." Government. No State in the Union has been or is now Within less than a month the most important elections have taken place in two of the largest States in the Union; in each of them candidates were before the people, charged by the particular friends of the Government, with being hostile to its interests, and whose election was deprecated as fraught with the most dangerous consequences to its success. One of the most prominent of these candidates was considered so dangerously inimical to the triumph of the national cause, that he has been for months past banished from the country, and yet hundreds of thousands of voters were allowed to approach the polls, and to attempt "to foist" such men into power, and no provost marshals or other military officers were order to arrest them on the way, or, so far as we have ever heard, even test their allegiance by an oath. With these facts before us, it is difficult to believe that the suggestion that the enemies of the United States may be foisted into power at our coming election, was the consideration that prompted this order; but whatever may have been that motive, I feel it to be my duty to solemnly protest against such an intervention with the privileges of the ballot-box, and so offensive a discrimination against the rights of a loyal State. | principle, but because the military, being of necessity exclusive judges as to who shall be arrested, the provision is liable to abuse; for the revoked part I substitute the fol lowing: "That all provost marshals and other military officers do prevent all disturbance and violence at or about the polls, whether offered by such persons as above described, or by any other person or persons whomsoever; the other two propositions I allow to stand; my letter at length will reach | you to-night. "A. LINCOLN.” Whilst this modification revokes the authority of the provost marshals and military officers to arrest the classes of persons enumerated in the preamble to the order, "found at or hanging about, or approaching any poll or place of election," it directs them to prevent all violence or disturbance about the polls, &c. To meet such disturbances, the judges of election, as I have already stated, are clothed with ample powers, and I had received no previous intimation that there was any reason to apprehend a disturbance of any kind at the polla on the day of election. In the absence of any military dieplay, there would certainly seem to be as little cause for such apprehensions as ever before existed. A preparation by the Government, by military means, to provide for such a contingency, will be quite as likely to provoke as to subdue such a disposition. Not only so, but the military thus required to prevent violence or disturbance about the polls must necessarily be empowered to arrest the parties they may charge with such disorder, and they are still left in effect "exclusive judges as to who shall be arrested"-a power they may as readily abuse as any other. I regret, therefore, that I can perceive no such change in the general principles of the order as to induce me to change the aforegoing proclamation. A. W. BRADFORD. BALTIMORE, Monday evening, Nov. 2, 1863. Nov. 2-Tae PRESIDENT wrote this letter to Governor Bradford: WAR DEPARTMENT WASHINGTON, November 2, 1862. SIR: Yours of the 31st ultimo was received yesterday about noon, and since then I have been giving most earn est attention to the subject-matter of it. At my call General Schenck has attended, and he assures me it is ab most certain that violence will be used at some of the I avail myself of the occasion to call to the particular attention of the judges of election the fact that they are on the day of election clothed with all the authority of conser-voting places on election day, unless prevented by his pro vators of the peace, and may summon to their aid any of the executive officers of the county, and the whole power of the county itself to preserve order at the polls and secure the constitutional rights to voters. It is also made their "special duty" to give information to the State's attorney for the county of all infractions of the State laws on the subject of elections, and by these laws it is forbidden to any "commissioned or non-commissioned officers, having command of any soldier or soldiers quartered or posted in any district of any county of the State, to muster or embody any of said troops, or march any recruiting party within the view of any place of election during the time of holding said election." I need not, I am sure, remind them of the terms of the oath they are required to take before entering upon their duties, and according to which they swear "to permit all persons to vote who shall offer to poll at the election, &c., who in their judgment, shall, according to the directions contained in the Constitution and laws, be entitled to poll at the same election, and not permit any person to poll at the same election who is not in their judgment qualified to vote as aforesaid." It is the judgment of the judges of election alone, founded upon the provisions of the constitution and the laws of the State, that must determine the right to vote of any person offering himself for that purpose. I trust and believe that they will form that judgment, and discharge their duty, as their conscientious convictions of its requirements, under the solemn obligations they assume shall dictate, undeterred by an order to provost marshals to report them to headquarters." Whatever power the State possesses shall be exerted to protect them for anything done in the proper execution of its laws. Since writing the above, I have seen a copy of the President's letter to the chairman of the Union State Central Committee, bearing the same date with the order, and evidently showing that the order was unknown to him, that it would not have been approved by him if he had known it, and that it is therefore all the more reprehensible. A. W. BRADFORD. By the Governor: vost guards. He says that in some of those places the Union voters will not attend at all, or run a ticket, unless they have assurance of protection. This makes the Missouri case of my action, in regard to which you express your approval. The remaining point of your letter is a protest against any person offering to vote being put to any test not found in the laws of Maryland. This brings us to a difference between Missouri and Maryland. With the same reason in both States, Missouri has, by law, provided a test for the voter with reference to the present rebellion, while Mary land has not. For example, General Trimble, captured fighting us at Gettysburg, is, without recanting his treason, a legal voter by the laws of Maryland. Even General Schenck's order admits him to vote, if he recauts upon oath. I think that is cheap enough. My order in Missouri, which you approve, and General Schenck's order here, reach precisely the same end. Each assures the right of voting to all loyal men, and whether that man is loyal, each allows that man to fix by his own oath. Your suggestion that nearly all the candidates are loyal I do not think quite meets the case. In this struggle for the nation's life, I cannot so confidently rely on those whose election may have depended upon disloyal votes. Such men, when elected, may prove true, but such votes are given them in expectation that they will prove false. Nor do I think that to keep the peace at the polls, and to prevent the persistently disloyal from voting, constitutes just cause of offence to Maryland. I think she has her own example for it. If I mistake not, it is precisely what General Dix did when your excellency was elected Governor. I revoke the first of the three propositions in General Schenck's General Order No. 53, not that it is wrong in principle, but because the mili tary being, of necessity, exclusive judges as to who shall be arrested, the provision is liable to abuse. For the revoked part I substitute the following: That all provost marshals and other military officers do prevent all disturbance and violence at or about the polis, whether offered by such persons as above described, or by any other person or persons whatsoever. The other two propositions of the order I allow to stand. General Schenck is fully determined, and has my strict order besides, that all loyal men may vote, and vote for whom they please. Your obedient servant, A. LINCOLN, President of the United States. WM. B. HILL, Secretary of State. After the above was in print, at three o'clock this afternoon, I received from the President the following dispatch: "I revoke the first of the three propositions in General His Excellency A. W. BRADFORD, Schenck's General Order No. 53, not that it is wrong in Governor of Maryland. |