Abraham LincolnCharnwood, Godfrey Rathbone Benson, Baron
History
Abraham Lincoln
Charnwood, Godfrey Rathbone Benson, Baron
Lincoln, Abraham, 1809-1865; Presidents -- United States -- Biography
the Army, who had been the officer that carried out Jackson's military
dispositions when secession was threatened in South Carolina thirty years
before, and by other officers concerned, particularly by Major Anderson,
a keen Southerner, but a keen soldier, commanding the forts at
Charleston, and by Cass and Black in his Cabinet. Public opinion in the
North demanded such measures.
If further action than the proper manning and supply of certain forts had
been in contemplation, an embarrassing legal question would have arisen.
In the opinion of the Attorney-General, of leading Democrats like Cass
and Douglas, and apparently of most legal authorities of every party,
there was an important distinction, puzzling to an English lawyer even if
he is versed in the American Constitution, between the steps which the
Government might justly take in self-protection, and measures which could
be regarded as coercion of the State of South Carolina as such. These
latter would be unlawful. Buchanan, instead of acting on or declaring
his intentions, entertained Congress, which met early in December, with a
Message, laying down very clearly the illegality of secession, but
discussing at large this abstract question of the precise powers of the
Executive in resisting secession. The legal question will not further
concern us because the distinction which it was really intended to draw
between lawful and unlawful measures against secession quite coincided,
in its practical application, with what common sense and just feeling
would in these peculiar circumstances have dictated. But, as a natural
consequence of such discussion, an impression was spread abroad of the
illegality of something vaguely called coercion, and of the shadowy
nature of any power which the Government claimed.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account