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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 the 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.

TELEGRAM TO GENERAL J. POPE

EXECUTIVE MANSION, 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 GOVERNOR SWANN

EXECUTIVE MANSION, March 20, 1865. Governor Swann, Baltimore, Maryland: I wish you would find Cresswell and bring him with you, and see me to-morrow.

A. LINCOLN.

*TELEGRAM TO GENERAL ORD

EXECUTIVE MANSION, 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 GENERAL U. S. GRANT

WASHINGTON, D. C., March 20, 1865.

Lieutenant-General Grant, City Point, Va.: Your kind invitation received. Had already

thought of going immediately after the next rain. Will go sooner if any reason for it. Mrs. Lincoln and a few others will probably accompany me. Will notify you of exact time, once it shall be fixed upon. A. LINCOLN.

TELEGRAM TO JUDGE SCATES

EXECUTIVE MANSION, March 21, 1865.

Hon. Walter B. Scates, Centralia, Ill.: It 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 CAPTAIN LINCOLN

WASHINGTON, D. C., March 21, 1865.

Captain R. T. Lincoln, City Point, Virginia: We now think of starting to you about I P. M. Thursday. Don't make public.

A. LINCOLN.

TELEGRAM TO GENERAL W. S. HANCOCK WASHINGTON, D. C., March 22, 1865. Major-General Hancock, Winchester, Virginia: 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 A. LINCOLN.

movements.

TELEGRAM TO GENERAL U. S. GRANT.

EXECUTIVE MANSION, March 23, 1865. Lieutenant-General Grant, City Point, Virginia: We start to you at 1 P. M. to-day. May lie over during the dark hours of the night. Very small party of us. A. LINCOLN.

*TELEGRAM TO GENERAL DODGE.

EXECUTIVE MANSION, March 23, 1865.

General Dodge, Saint Louis, Mo.: Allow Mrs. R. S. Ewell the benefit of my amnesty proclamation on her taking the oath.

A. LINCOLN.

* TELEGRAM TO SECRETARY STANTON

(Cipher.)

HEADQUARTERS ARMY OF THE POTOMAC, March 25, 1865. Hon. Edwin M. Stanton: I am here within five miles of the scene of this morning's action. I have nothing to add to what General Meade reports except that I have seen the prisoners myself and they look like there might be the number he states-1,600.

A. LINCOLN.

TELEGRAM TO SECRETARY STANTON

CITY POINT, VA., March 25, 1865. 8:30 A. M. Hon. Secretary of War: Arrived here all

safe about 9 P. M. yesterday. No war news. General Grant does not seem to know very much about Yeatman, but thinks very well of him so far as he does know.

I like Mr. Whiting very much, and hence would wish him to remain or resign as best suits himself. Hearing this much from me, do as you think best in the matter. General Lee has sent the Russell letter back, concluding, as I understand from Grant, that their dignity does not admit of their receiving the document from us. Robert just now tells me there was a little rumpus up the line this morning, ending about where it began.

'A. LINCOLN.

*TELEGRAM TO SECRETARY STANTON

CITY POINT, VA., March 26, 1865. Hon. Secretary of War: I approve your Fort Sumter programme. Grant don't seem to know Yeatman very well, but thinks very well of him so far as he knows. Thinks it probable that Y. is here now, for the place. I told you this yesterday as well as that you should do as you think best about Mr. Whiting's resignation, but I suppose you did not receive the despatch. I am on the boat and have no later war news than went to you last night.

A. LINCOLN.

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