A Short Life of Abraham Lincoln: Condensed from Nicolay & Hay's Abraham Lincoln: A HistoryNicolay, John G. (John George)
History
A Short Life of Abraham Lincoln: Condensed from Nicolay & Hay's Abraham Lincoln: A History
Nicolay, John G. (John George)
Lincoln, Abraham, 1809-1865; Presidents -- United States -- Biography
The incident produced something of the agitation which the general had
evidently counted upon. Radical antislavery men throughout the free
States applauded his act and condemned the President, and military
emancipation at once became a subject of excited discussion. Even strong
conservatives were carried away by the feeling that rebels would be but
properly punished by the loss of their slaves. To Senator Browning, the
President's intimate personal friend, who entertained this feeling, Mr.
Lincoln wrote a searching analysis of Fremont's proclamation and its
dangers:
"Yours of the seventeenth is just received; and, coming from you, I
confess it astonishes me. That you should object to my adhering to a law
which you had assisted in making and presenting to me, less than a month
before, is odd enough. But this is a very small part. General Fremont's
proclamation as to confiscation of property and the liberation of slaves
is purely political, and not within the range of military law or
necessity. If a commanding general finds a necessity to seize the farm
of a private owner, for a pasture, an encampment, or a fortification, he
has the right to do so, and to so hold it as long as the necessity
lasts; and this is within military law, because within military
necessity. But to say the farm shall no longer belong to the owner or
his heirs forever, and this as well when the farm is not needed for
military purposes as when it is, is purely political, without the savor
of military law about it. And the same is true of slaves. If the general
needs them he can seize them and use them, but when the need is past, it
is not for him to fix their permanent future condition. That must be
settled according to laws made by law-makers, and not by military
proclamations. The proclamation in the point in question is simply
'dictatorship.' It assumes that the general may do anything he
pleases--confiscate the lands and free the slaves of loyal people, as
well as of disloyal ones. And going the whole figure, I have no doubt,
would be more popular, with some thoughtless people, than that which has
been done! But I cannot assume this reckless position, nor allow others
to assume it on my responsibility.
"You speak of it as being the only means of saving the government. On
the contrary, it is itself the surrender of the government. Can it be
pretended that it is any longer the government of the United States--any
government of constitution and laws--wherein a general or a president
may make permanent rules of property by proclamation? I do not say
Congress might not, with propriety, pass a law on the point, just such
as General Fremont proclaimed. I do not say I might not, as a member of
Congress, vote for it. What I object to is, that I, as President, shall
expressly or impliedly seize and exercize the permanent legislative
functions of the government.
Public-domain text, read in full here on John Shaqi.
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