Part 87

Now, therefore, be it known that I, Abraham Lincoln, President of the United States of America, do hereby proclaim and direct that all persons detected in that nefarious traffic shall be arrested and tried by court-martial at the nearest military post, and if convicted, shall receive the punishment due to their deserts.

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

A. LINCOLN.

By the President: WILLIAM H. SEWARD, Secretary of State.

ORDER ANNULLING THE SENTENCE

AGAINST BENJAMIN G. SMITH AND FRANKLIN W. SMITH,

MARCH 18, 1865.

I am unwilling for the sentence to stand, and be executed, to any extent in this case. In the absence of a more adequate motive than the evidence discloses, I am wholly unable to believe in the existence of criminal or fraudulent intent on the part of men of such well established good character. If the evidence went as far to establish a guilty profit of one or two hundred thousand dollars, as it does of one or two hundred dollars, the case would, on the question of guilt, bear a far different aspect. That on this contract, involving some twelve hundred thousand dollars, the contractors would plan, and attempt to execute a fraud which, at the most, could profit them only one or two hundred, or even one thousand dollars, is to my mind beyond the power of rational belief. That they did not, in such a case, make far greater gains, proves that they did not, with guilty or fraudulent intent, make at all. The judgment and sentence are disapproved, and declared null, and the defendants are fully discharged.

A. LINCOLN March 18, 1865.

TELEGRAM TO GENERAL J. POPE.

EXECUTIVE MANSION, WASHINGTON, March 19, 1865.

MAJOR-GENERAL POPE, St. Louis, Missouri:

Understanding that the plan of action for Missouri contained in your letter to the Governor of that State, and your other letter to me, is concurred in by the Governor, it is approved by me, and you will be sustained in proceeding upon it.

A. LINCOLN.

TELEGRAM TO GENERAL ORD.

EXECUTIVE MANSION, WASHINGTON, May [March] 20, 1865.

MAJOR-GENERAL ORD, Army of the James

Is it true that George W. Lane is detained at Norfolk without any charge against him? And if so why is it done?

A. LINCOLN.

TELEGRAM TO JUDGE SCATES.

EXECUTIVE MANSION,

WASHINGTON, March 21, 1865.

HON. WALTER B. SCATES, Centralia, Illinois:

If you choose to go to New Mexico and reside, I will appoint you chief justice there. What say you? Please answer.

A. LINCOLN.

TELEGRAM TO GENERAL W. S. HANCOCK.

WASHINGTON, D. C., March 22, 1865. MAJOR-GENERAL HANCOCK, Winchester, Va.:

Seeing your despatch about General Crook, and fearing that through misapprehension something unpleasant may occur, I send you below two despatches of General Grant, which I suppose will fully explain General Crook's movements.