A Compilation of the Messages and Papers of the Presidents. Volume 6, part 1: Abraham Lincoln
History
A Compilation of the Messages and Papers of the Presidents. Volume 6, part 1: Abraham Lincoln
Lincoln, Abraham, 1809-1865; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
So far as I wish to notice the fifth and sixth sections, they may be
considered together. That the enforcement of these sections would do no
injustice to the persons embraced within them is clear. That those who
make a causeless war should be compelled to pay the cost of it is too
obviously just to be called in question. To give governmental protection
to the property of persons who have abandoned it and gone on a crusade
to overthrow that same government is absurd if considered in the mere
light of justice. The severest justice may not always be the best
policy. The principle of seizing and appropriating the property of the
persons embraced within these sections is certainly not very
objectionable, but a justly discriminating application of it would be
very difficult, and to a great extent impossible. And would it not be
wise to place a power of remission somewhere, so that these persons may
know they have something to lose by persisting and something to save by
desisting? I am not sure whether such power of remission is or is not
within section 13.
Without any special act of Congress, I think our military commanders,
when, in military phrase, "they are within the enemy's country," should
in an orderly manner seize and use whatever of real or personal property
may be necessary or convenient for their commands, at the same time
preserving in some way the evidence of what they do.
What I have said in regard to slaves while commenting on the first and
second sections is applicable to the ninth, with the difference that no
provision is made in the whole act for determining whether a particular
individual slave does or does not fall within the classes defined in
that section. He is to be free upon certain conditions, but whether
those conditions do or do not pertain to him no mode of ascertaining is
provided. This could be easily supplied.
To the tenth section I make no objection. The oath therein required
seems to be proper, and the remainder of the section is substantially
identical with a law already existing.
The eleventh section simply assumes to confer discretionary powers upon
the Executive. Without the law I have no hesitation to go as far in the
direction indicated as I may at any time deem expedient. And I am ready
to say now, I think it is proper for our military commanders to employ
as laborers as many persons of African descent as can be used to
advantage.
The twelfth and thirteenth sections are somewhat better than
objectionable, and the fourteenth is entirely proper if all other parts
of the act shall stand.
Public-domain text, read in full here on John Shaqi.
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