A valuable side-light on the mainsprings of Lincoln's policy is

furnished by Dr. R. L. Dabney. He says that while Virginia, through

her convention, sitting in April, 1861, was making a last effort

to save the Union, Seward sent a confidential messenger, Allen B.

McGruder, to Richmond, to urge that a representative be sent to

Washington in all haste. McGruder stated that he was authorized

by Seward to say that Fort Sumter would be evacuated on Friday of

the ensuing week and that the _Pawnee_ would sail on the following

Monday for Charleston to effect the evacuation. Colonel Baldwin,

an original Union man, was fixed upon as the best representative

of the peace sentiment. "He and McGruder," continues Dabney, "set

out on the night following and arrived in Washington early the next

morning. Immediately after breakfast they drove to Mr. Seward's,

when the latter took charge of Mr. Baldwin, and the two went

directly to the White House, where they arrived about nine o'clock.

They found Mr. Lincoln engaged, but, upon Mr. Seward's whispering

in his ear, he excused himself and conducted Mr. Seward and Colonel

Baldwin into a sleeping apartment and locked the door.

"After the usual formalities, Colonel Baldwin presented his

credentials. After Lincoln had read the credentials, Colonel Baldwin

proceeded to state to him what was the opinion of the great body

of Virginians, both in the convention and out of it. This opinion

was as follows, to wit: 'That although opposed to a Presidential

election upon a sectional free-soil platform, which they deplored

as most dangerous and unwise, Virginia did not approve of making

that, evil as it was, a _casus belli_, or a ground for disrupting

the Union. That much as Virginia disapproved of it, if Mr. Lincoln

would only adhere faithfully to the Constitution and the laws,

she would support him just as faithfully as though he was the man

of her choice, and would wield her whole moral force to keep the

border States in the Union, and to bring back the seven seceded

States; but that, while much difference of opinion existed on the

question whether the right of secession was a constitutional one,

all Virginians were unanimous in believing that no right existed in

the Federal Government to coerce a state by force of arms.' To this

Mr. Lincoln replied: 'You are too late, sir; _too late_!' Colonel

Baldwin understood this as a clear intimation that the policy of

coercion had just been determined upon, and, as he discovered,

"_within four days_." Impressed with the deep solemnity of the

occasion, Colonel Baldwin made a final appeal, asking, among other

things, that all questions at issue should be left for adjudication

by the constitutional tribunals. Lincoln asked a few questions, the

last of which was, "What will become of my tariff?" He put this

question with such force of emphasis as clearly indicated that this

consideration should decide the whole matter.

The peace ambassadors sent to Washington by the Virginia convention

immediately upon Baldwin's return found the same difficulty. "They

saw Mr. Lincoln. The tariff was still the burden of his complaint.

They left the next day; and the same train which carried them to

Virginia carried Lincoln's proclamation also for the seventy-five

thousand troops." See _North Carolina in the War Between the

States_, by Sloan, pp. 27, 28, 29, 30, quoting R. L. Dabney, in the

_Southern Historical Papers_.

There was a subtle influence at Washington strong enough to veer

Lincoln round from Seward, whose constituents dreaded war, to Thad.

Stevens, who represented in Congress the Pennsylvania iron interest,

and, in his character and person, the worst element of the worst

politics that America ever saw.

Lincoln had no warrant in the Constitution for calling out the

militia against the seceded States. "The Congress shall have power

to declare war" (Article I, section 8, clause 11); and "The Congress

shall have power to raise and support armies" (Article I, section 8,

clause 12); and if, in violation of standard definition and contrary

to the fact, it be said that what he inaugurated was not war, but

was only an armed effort to put down insurrection, the Constitution,

Article I, section 8, clause 15, replies: "The Congress shall have

power to provide for the calling out of the militia to execute the

laws of the Union, suppress insurrections and repel invasions." So

the only warrant the President had was an old act of Congress,

passed February 28, 1795, shortly after the Whiskey Insurrection.

This act provided: "That whenever the laws of the United States

shall be opposed in any State by combinations too powerful to be

suppressed by the ordinary course of judicial proceedings or the

power vested in the marshals by this act, it shall be lawful for

the President of the United States to call forth the militia of

such State or of any other State or States, as may be necessary to

suppress such combinations and cause the laws to be duly executed."

No pretense of authority was given when a State or a combination

of States opposed the United States. His construction forestalled

Congress and robbed it of its exclusive right and power to "declare

war," and made him the sole arbiter to dictate the nation's weal or

woe.

As a matter of fact, this law, thus misconstrued, was obsolete, and

so marked in the reprint of the United States Statutes at Large,

in 1845, authorized by Congress. Lincoln, then, "by and with the

advice and consent" of interested persons, utterly ignoring the

two coordinate branches of government, unearthed for the purpose

of inaugurating a most frightful war an old statute, unused from

the time of its passage, and standing on the authoritative Revised

Statutes marked "obsolete" for sixteen years--so received by the

lawyers, and unchallenged by Congress or any member thereof.

It is no wonder that Congress, when it did assemble, in July, 1861,

and found war a fact accomplished and armies already threatening

Washington, should have made haste to validate the President's

high-handed measures and strengthen his precarious position by

an act of which section three is as follows: "That all the acts,

proclamations, and orders, of the President of the United States,

after the 4th of March, 1861, respecting the army and navy of the

United States, and the calling out, or relating to the militia or

volunteers from the States, are hereby approved and in all respects

legalized and made valid to the same intent and with the same

effect as if they had been issued and done under previous express

authority and direction of the Congress of the United States." The

marginal note of the printed laws points this act specially to the

proclamation of April 15, 1861, calling out the militia.

In suppressing the Whiskey Insurrection Washington acted under

the "previous express authority of Congress," then lately given,

"cautiously in his delicate duty," while Hamilton "was pressing for

the collection of the revenue," says history. The act under which

the militia was then called out, passed in 1792, required a Federal

judge to certify the fact of the insurrection, and Washington

took care to arm himself with the certificate of a Supreme Court

Justice. The act under which _Lincoln_ proceeded, an epitome of the

former, shows on its face that it was also, when in force, in aid

exclusively of court proceedings, and operative only when a Federal

judge should call upon the President to assist the United States

Marshals, who were purely court officers. Any other construction

gives the President "the power to suppress insurrections," and the

"power to declare war"; and, when war is declared the Constitution

places him in command of the army and militia: so nothing would be

left for Congress but to vote supplies and validate his acts, as it

did Lincoln's usurpations!

Though the militia had often been needed, and sometimes called out

for troubles, domestic and foreign, no President of the United

States, until Lincoln, had ever issued such a call unless expressly

authorized by Congress, in special acts of limited duration, which

have usually specified the number of troops wanted and the term

of service required. It is no wonder then that an act, treated as

a dead letter since the suppression of the Whiskey Insurrection,

should have been marked "obsolete" by the government publisher, with

the sanction of Congress.

Unless Madison's refusal to recommend a policy of coercion against

the New England States, successfully resisting the drafts for

the defense of the nation in the War of 1812, be regarded as a

precedent, Lincoln had but one, directly in point, and that was

furnished by President Jackson in the case of South Carolina's

nullification of Federal law in 1832. Jackson's zeal for the Union

could not be doubted; and, in spite of his military training and

arbitrary temper, he found a remedy which saved the Union without

bloodshed.

On December 10, 1832, after South Carolina had nullified the tariff

act, proceeded to provide a separate government, notified the

President, and begun to arm and organize its militia for defense,

Jackson issued a proclamation in which he besought, and threatened,

and promised. Failing by such means to induce the tariff-plundered

planters of the plucky little State to recede from their position,

on the assembling of Congress he recommended the removal of the

cause of the trouble, expressing his belief that such action would

shortly put an end to resistance. Nullification still continuing,

Jackson (a month later) wrote his famous message, in which he called

attention to the magnitude of the opposition, and recommended to

Congress to provide by law: "That in case of an attempt otherwise

[than by process from the ordinary judicial tribunals of the

United States] to take property [from the custody of the law] by

a force too great to be overcome by the officers of the customs,

it should be lawful to protect the possessions of the officers

by the employment of the land and naval forces and militia under

provisions similar to those authorized by the eleventh section of

the Act of January 9, 1809." After recommending the revival of

other expired acts to facilitate and protect the collection of the

revenues and execution of Federal law, he said further: "Provisions

less than these--consisting, as they do, for the most part, rather

of a revival of the policy of former acts called for by the [then]

existing emergency, than of the introduction of any unusual or

rigorous enactments--would not cause the laws of the Union to be

properly respected or enforced. It is believed that these would

prove adequate unless the military forces of the State of South

Carolina, authorized by the late act of the Legislature, should

be actually embodied and called out in aid of their proceedings,

and of the provisions of the ordinance generally. Even in that

case, however, it is believed that no more will be necessary than

a few modifications of its terms to adapt the Act of 1795 to the

present emergency, as by that act the provisions of the Act of 1792

were accommodated to the crisis then existing; and, by conferring

authority upon the President, to give it operation during the

session of Congress, and without the ceremony of a proclamation,

whenever it shall be officially made known to him by the authority

of any State, or by the courts of the United States, that, within

the limits of such State, the laws of the United States will

be openly opposed and their execution obstructed by the actual

employment of military force, or by any unlawful means, whatever,

too great to be otherwise overcome."

Pursuant to these recommendations, Congress passed, March 2, 1833,

the "force bill," or "bloody bill," as it was called; and the

section which made it infamous in the unprotected States was as

follows: "Sec. 5. And be it further enacted, that whenever the

President of the United States shall be officially informed by the

authorities of any State, or by a judge of any Circuit or District

Court of the United States in the State, that within the limits of

such State any law or laws of the United States, or the execution

thereof, or of any process from the courts of the United States is

obstructed by the employment of military force, or by any other

unlawful means too great to be overcome by the ordinary course

of judicial proceedings or by the power vested in the marshals

by existing laws, it shall be lawful for him, the President of

the United States, forthwith to issue his proclamation declaring

such fact or information, and requiring all such military or other

force forthwith to disperse; and if, at any time after issuing such

proclamation, any such opposition or obstruction shall be made in

the manner or by the means aforesaid, the President shall be and

hereby is authorized promptly to employ such means to suppress the

same, and to cause said laws or process to be duly executed, as are

authorized and provided in the cases therein mentioned by the Act

of the 28th of February, 1795, entitled: 'An act to provide for

calling forth the militia to execute the laws of the Union, suppress

insurrections, repel invasions, and repeal the act now in force

for that purpose'; and also, by the Act of the 3d of March, 1807,

entitled: 'An act authorizing the employment of the land and naval

forces of the United States in cases of insurrection.'" Section 1 of

the force bill authorized the President to call out the army, navy,

and militia to aid in collecting the _customs_--a power which the

Act of 1795 could not be construed to give. It was also provided in

the act that the operation of said sections 5 and 1 should "continue

until the next session of Congress, and no longer." Thus careful was

Congress to limit the duration of the great powers delegated to the

President, as it had usually done in other instances in which it

had authorized the employment of military force. The Act of March

3, 1807, referred to in the force bill, simply gave the President

authority to use the land and naval forces of the United States to

assist in the execution of the laws whenever it should be lawful for

him to call out the militia for the same purpose. The Act of 1795,

referred to by Jackson, which he did not pretend he had a right

to use against the nullifiers of the tariff act, unless it should

be revived by Congress, and which he proposed should be revived,

modified, and adapted to meet the emergency confronting him, in

the same way Congress had formerly adapted and modified the Act of

1792 by the Act of 1795, to meet the emergency of the latter year,

was the very act Lincoln used to cover his assumption of power to

make war on the South without the authority of Congress! He had

this precedent before him, in which the warrior Jackson, swift in

defense of the nation's honor against her foreign foes, was slow

to dye his hands in his brothers' blood. He had before him the act

in which Congress had revived the provisions of the Act of 1795,

and expressly limited the duration of that revival to the time

intervening before its next session; and he was lawyer enough to

know, though not learned in his profession, that the substantial

reenactment and enlargement of the old act, and its repeal, or

limitation to a definite period, was, after the expiration of that

period, a practical repeal of both--especially when it may be seen

that the one was to take the place the other took in its day. See

_Tynen_ vs. _The United States_, 11 Wallace U. S. Reports, page 88;

_Pana_ vs. _Bowles_, 107 U. S. Reports, page 529, and cases cited

therein; _Norris_ vs. _Crocker_, 13 Howard, page 429.

Jackson, in spite of his camp association and military methods, was

the embodiment of caution and conservatism, when compared to Lincoln

and his "kitchen cabinet" of revenue-hunting Governors, who were

as swift to declare war against their own people, under a forced

construction of an old, unused, obsolete, special act, as those who

now speculate in their names and fame are eager to seek treaties of

partnership with our hereditary foreign foe.

They shall never, unchallenged, teach our children that Abraham

Lincoln's usurpations were lawful, justified by necessity, or

commended by God; lest "necessity, the plea of tyrants," or "divine

right," the plea of kings and priests, or "implied powers," the

plea of those who are powerful only to oppress the people and to

collect and spend their revenues, should constitute the excuse for

destroying the remaining safeguards of our liberties.

Those accustomed to analyze motive and conduct will note with

attention that the Act of August 6, 1861, intended to legalize

the call for troops, was passed after the "force bill" had been

reenacted and amplified by the Acts of July 13, 29, and 31,

1861--after the President had been expressly authorized by these

acts and another to accept the service of volunteers and to use the

army, navy, and militia to make war upon _States and combinations of

States_, as well as upon the inhabitants of districts therein--after

Congress had in these acts twice gone out of its way to refer to the

old Act of 1795 as still in force, and once expressly treated it

as giving the authority, which had been assumed, to begin the war;

and the legalizing act itself was covered under a caption which was

calculated to excite as little attention as possible. The caption

reads: "An act to increase the pay of privates in the regular army

and in the volunteers, and for other purposes."

The Act of 1795, when in force, gave the President no authority to

determine when a state of insurrection existed, even in a Federal

district; Congress proved that it realized this defect of power by

hastening (July 13 and 29, 1861) to supply it to Lincoln--in respect

to States as well as districts--a double confession of the weakness

of his position.

The Act of 1795 afforded no assistance to collect customs, for the

Whiskey Insurrectionists, against whom it was passed, resisted

only the internal revenue taxes; Congress practically acknowledged

this limitation, by Act of July 13, 1861, expressly and separately

authorizing the President to use the army, navy, and militia to

"collect the customs" of the United States.

"Even our enemies themselves being judges," there were doubts

everywhere, and these doubts were everywhere resolved in favor of

absolute authority and against the received construction of law and

the Constitution.

An executive who usurps powers ought to be placed on a moral plane

as much lower than that of a treasurer who embezzles public funds as

the love of liberty in the minds of the virtuous is higher than the

love of money.

Those who would derive Lincoln's assumed power to declare war from

the clause of the Constitution which requires that the "President

shall see that the laws are faithfully executed" betray the flimsy

foundation upon which they would erect the throne of an autocrat.

The faithful execution of the laws is to be secured in a lawful

manner, under such powers as the Constitution gives or Congress

may lawfully give to the President. If he is the sole judge of the

extent of the powers conferred and the appropriateness of the means

of execution, he does not need any other clause to make him the

field-overseer of both the other departments of government; and

this the Supreme Court has decided he is not. _Tyndall_ vs. _The

United States_, 12 Peters, p. 524. Lincoln did not rely upon this

clause, but upon the Act of 1795, the language of which he quoted in

his call for the militia of the States; and Congress, by the fifth

section of the Act of July 13, 1861, showed very plainly that it

recognized that he had professed to act under the Statute of 1795.

The frightful experiences of the civil war and the serpent-brood of

evils which have since followed in its trail are plenary proof that

the fathers were wise in not lodging the war power in the hands of

any one man.

A summary of Lincoln's conduct, while there was yet peace in the

land, brings out in startling relief the facts: that he dared at the

behest of pampered privilege greedy for revenue, and partisan rancor

thirsting for blood, without precedent, or the support of either

of the other branches of the government, to place his own private

interpretation upon a statute, in effect repealed, and thereby to

make war on six millions of his fellow-citizens, whom he refused

a right of opinion sustained by abundant authority and precedent

and by some of his own acts and utterances. The idol of the "higher

law" fanatics, the chief of whom he placed in his cabinet--nominated

on a platform which denounced the Supreme Court decision in the

Dred Scott case as "a dangerous political heresy, revolutionary

in its tendency and subversive of the peace and harmony of the

country"--elected by States, many of which defied Federal authority

attempting to execute the fugitive slave law, and none of which

supported such authority, except New Jersey and California--and

having never publicly or privately condemned the nullification of

their constitutional obligations (Article IV, section 2, clause 3)

by the States of Vermont, Connecticut, Rhode Island, Massachusetts,

Michigan, Maine, Wisconsin, Kansas, Ohio, and Pennsylvania--he still

proclaimed that his only motive in taking up the sword was to assert

the paramount authority of Federal law!

His political campaign of 1864 was fought upon a platform which

pledged its supporters to "bring to punishment due their crimes

the rebels and traitors arrayed against the Government"; and be

it remembered by all posterity that at the end of that campaign,

almost at the close of a successful war, and in spite of military

interference at the polls, one million eight hundred and eight

thousand seven hundred and twenty-five citizens of his own section

voted to condemn him, and endorsed a platform which declared that

"under pretense of a military necessity for a war power higher than

the Constitution, the Constitution itself has been disregarded

in every part" by him, and that "justice, humanity, liberty, and

the public welfare demand that immediate efforts be made for a

cessation of hostilities, with a view to an ultimate convention of

all the States; * * * that peace may be restored on the basis of

the Federal Union of all the States," * * * that the aim of their

party was "to preserve the Federal Union and the rights of all the

States unimpaired," and that they considered "the administrative

usurpations of extraordinary and dangerous powers not granted by

the Constitution * * * as calculated to prevent a restoration of

the Union; that the shameful disregard of the administration of its

duty to our fellow-citizens, * * * prisoners of war, deserves the

severest reprobation."

As at the beginning, so at the end of the war, a vast majority of

our nation was opposed to Lincoln's policy of coercion and blood;

for his total vote, with the army and navy to back him, was only

about four hundred thousand in excess of McClellan's, and this would

have been far more than offset by the Southern vote.

The immediate cause of Lincoln's death was a sentence in his

speech of April 11, 1865: "If universal amnesty is granted

to the insurgents I cannot see how I can avoid exacting, in

return, universal suffrage, or, at least, suffrage on a basis of

intelligence and military service." "That means nigger citizenship,"

said his slayer to a witness. "Now, by God, I'll put him

through!"--_Life of Lincoln_, by Herndon and Weik, Vol. III, p. 579.

It was a singular decree of Providence that, according to his own

forebodings, Lincoln should have perished by the hand of violence,

and that too on the fatal 15th of April, the anniversary of his

proclamation for the seventy-five thousand volunteers to begin the

dance of death. "He that killeth with the sword must be killed with

the sword."

Let us be as thankful as we can that we are still one nation, that

African slavery has ceased, and that the safeguards of liberty may

be still sufficient if we are vigilant, unselfish, and brave.

The world has long respected the courage of the South; when the

whole truth shall be well told it will equally respect her cause.

One obvious effect of the civil war, clearly foreseen and foretold

by Southern statesmen, was to Europeanize American institutions.

This was a fearful price to pay even for keeping the sections under

one government.

Let us hope that the present war with Spain may destroy the

stock-in-trade of the speculator in past patriotism.

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