To Joseph Hooker

                                                      Executive Mansion, Washington,
Major General Hooker           May 14. 1863.

My dear Sir: When I wrote you on the 7th. I had an impression that possibly, by an early movement, you could get some advantage from the supposed facts that the enemies communications were disturbed and that he was somewhat deranged in position. That idea has now passed away, the enemy having re-established his communications, regained his positions and actually received re-inforcements. It does not now appear probable to me that you can gain any thing by an early renewal of the attempt to cross the Rappahannock. I therefore shall not complain, if you do no more, for a time, than to keep the enemy at bay, and out of other mischief, by menaces and occasional cavalry raids, if practicable; and to put your own army in good condition again. Still, if in your own clear judgment, you can renew the attack successfully, I do not mean to restrain you. Bearing upon this last point, I must tell you I have some painful intimations that some of your corps and Division Commanders are not giving you their entire confidence. This would be ruinous, if true; and you should therefore, first of all, ascertain the real facts beyond all possibility of doubt. Yours truly A. LINCOLN

Advertisements

To Joseph Hooker

Washington, D.C., May 13, 1863- 1 p.m.

Major-General Hooker: If it will not interfere with the service, nor personally incommode you, please come up and see me this evening. A. LINCOLN.

To Edwin M. Stanton

Executive Mansion, Washington,
Hon. Secretary of War May 13, 1863.

My dear Sir Since parting with you I have seen the Secretaries of State and the Treasury, and they both think we better not issue the special suspension of the Writ of Habeas Corpus spoken of. Gov. Chase thinks the case is not before Judge Swaine, that it is before Judge Levett, that the writ will probably not issue, whichever the application may be before; and that, in no event, will Swaine commit an imprudence. His chief reason for thinking the writ will not issue, is that he has seen in a newspaper that Judge Levett stated that Judge Swaine & he refused a similar application last year. Yours truly A. LINCOLN

To Charles W. Rand

May 8, 1863

To C. W. Rand, Esq., Marshal of the United States for the Northern District of California:

Whereas, it has come to my knowledge that one Andres Castillero, and divers persons acting or claiming to act under him as his agents or assigns, have, under and by virtue of a pretended grant or grants from the lawfully constituted authorities of the Republic of Mexico, occupied and taken possession of, and made settlement on a portion of the public lands of the United States situate in the Country of Santa Clara and State of California, commonly called and known as the New Almaden Quicksilver mining property, and embracing about three thousand varas of land in all directions from the mouth of the mine commonly called and known as the New Almaden Quicksilver Mine, and have, for a long time past, by extracting valuable minerals therefrom and converting the same to their own use; by erecting buildings and other improvements thereon, and by other unauthorized acts, used and enjoyed the said portion of the public lands as if they were the lawful owners thereof, all of which acts have been without the consent, and against the rights of the United States: And whereas, by the decision of the Supreme Court of the United States in the case of Andres Castillero against the United States, at the December Term of the said Court last past, it has been adjudged that the grant or grants from the lawfully constituted authorities of the Republic of Mexico, under which the said Andres Castillero and the persons claiming under him as agents or assigns, have claimed and pretended to hold the said described portion of the public lands, is or are fraudulent and void, and conferred no right whatever to the said described portion of the public lands or to the minerals therein, whereby it appears that the said Andres Castillero and the persons claiming under him as agents or assigns, now in possession of the said described premises, are intruders thereon without right: And whereas, the said described portion of the public lands has never been surveyed and opened to settlement and sale under the laws of the United States:

Now, therefore, I, Abraham Lincoln, President of the United States, by virtue of the power and authority in me vested by the Act approved the 3d day of March, A.D. 1807, Chap. 46, entitled “An Act to prevent settlements being made on lands ceded to the United States until authorized by law,” do hereby order and direct you to enter upon that portion of the public lands situate in Santa Clara County, in the State of California, commonly called and known as the New Almaden mining property, embracing about three thousand varas of land in all directions from the mouth of the mine commonly called and known as the New Almaden Quicksilver Mine, and to remove therefrom any and every person or persons who shall be found on the same, and deliver the said premises, with all the appurtenances of whatsoever kind to the possession of Leonard Swett, an agent who has been duly authorized by me to take possession of and hold the same for the United States, and also that you take such measures and call to your assistance such military force of the United States in California as may be necessary to execute this order.

In witness whereof, I have hereunto affixed my hand, this eighth day of May, A.D. 1863. ABRAHAM LINCOLN.

Proclamation Concerning Aliens

May 8, 1863

By the President of the United States of America:

A Proclamation.

Whereas the Congress of the United States, at its last Session, enacted a law, entitled “An Act for enrolling and calling out the National Forces and for other purposes,” which was approved on the 3d. day of March, last: and whereas it is recited in the said act that there now exist in the United States an insurrection and rebellion against the authority thereof, and it is, under the constitution of the United States, the duty of the Government to suppress insurrection and rebellion, to guaranty to each state a republican form of Government, and to preserve the public tranquillity; and whereas, for these high purposes, a military force is indispensable, to raise and support which all persons ought willingly to contribute; and whereas no service can be more praiseworthy and honorable than that which is rendered for the maintenance of the Constitution and Union, and the consequent preservation of free government: and whereas, for the reasons thus recited, it was enacted by the said statute that all able bodied male citizens of the United States, and persons of foreign birth who shall have declared on oath their intention to become citizens under and in pursuance of the laws thereof, between the ages of twenty and forty-five years, (with certain exceptions not necessary to be here mentioned,) are declared to constitute the national forces, and shall be liable to perform military duty in the service of the United States when called out by the President for that purpose:

And whereas it is claimed by and in behalf of persons of foreign birth, within the ages specified in said act, who have heretofore declared on oath their intentions to become citizens under, and in pursuance of, the laws of the United States, and who have not exercised the right of suffrage or any other political franchise under the laws of the United States, or of any of the States thereof, that they are not absolutely concluded by their aforesaid declaration of intention from renouncing their purpose to become citizens, and that, on the contrary, such persons, under treaties or the law of nations, retain a right to renounce that purpose, and to forego the privileges of citizenship and residence within the United States, under the obligations imposed by the aforesaid Act of Congress:—

Now, therefore, to avoid all misapprehensions concerning the liability of persons concerned to perform the service required by such enactment, and to give it full effect, I do hereby order and proclaim that no plea of alienage will be received or allowed to exempt from the obligations imposed by the aforesaid Act of Congress, any person of foreign birth who shall have declared on oath his intention to become a citizen of the United States under the laws thereof, and who shall be found within the United States at any time during the continuance of the present insurrection and rebellion, at or after the expiration of the period of sixty-five days from the date of this proclamation; nor shall any such plea of alienage be allowed in favor of any such person who has so, as aforesaid, declared his intention to become a citizen of the United States, and shall have exercised, at any time, the right of suffrage, or any other political franchise, within the United States under the laws thereof, or under the laws of any of the several States.

In witness whereof I have hereunto set my hand, and caused the seal of the United States to be affixed.

[L.S.]

Done at the city of Washington, this eighth day of May, in the year of our Lord one thousand eight hundred and sixty-three, and of the Independence of the United States the eighty-seventh. ABRAHAM LINCOLN

By the President:

WILLIAM H. SEWARD, Secretary of State.

To Joseph Hooker

                                                  Executive Mansion,
Major General Hooker.      Washington, May 8. 1863.

The news is here, of the capture, by our forces of Grand Gulf—a large & very important thing. Gen. Willich, an exchanged prisoner, just from Richmond, has talked with me this morning. He was there when our cavalry cut the roads in that vicinity. He says there was not a sound pair legs in Richmond, and that our men, had they known it, could have safely gone in and burnt every thing & brought us Jeff. Davis. We captured and parold three or four hundred men. He says, as he came to City point, there was an army three miles long (Longstreet’s he thought) moving towards Richmond. Milroy has captured a despatch of Gen. Lee, in which he says his loss was fearful, in his late battle with you.. A. LINCOLN

To Joseph Hooker

Major General Hooker.       Head-Quarters, Army of the Potomac,
My dear Sir                              May. 7 1863.

The recent movement of your army is ended without effecting it’s object, except perhaps some important breakings of the enemies communications. What next? If possible I would be very glad of another movement early enough to give us some benefit from the fact of the enemies communications being broken, but neither for this reason or any other, do I wish anything done in desperation or rashness. An early movement would also help to supersede the bad moral effect of the recent one, which is sure to be considerably injurious. Have you already in your mind a plan wholly, or partially formed? If you have, prossecute it without interference from me. If you have not, please inform me, so that I, incompetent as I may be, can try [to] assist in the formation of some plan for the Army. Yours as ever A LINCOLN