Life of Abraham Lincoln, Sixteenth President of the United StatesCrosby, Frank
History
Life of Abraham Lincoln, Sixteenth President of the United States
Crosby, Frank
Lincoln, Abraham, 1809-1865
“GENERAL:--The important question of the proper disposition to
be made of fugitives from service in the States in insurrection
against the Federal Government, to which you have again directed
my attention, in your letter of July 20th, has received my most
attentive consideration. It is the desire of the President that
all existing rights in all the States be fully respected and
maintained. The war now prosecuted on the part of the Federal
Government is a war for the Union, for the preservation of all the
Constitutional rights of the States and the citizens of the States
in the Union; hence no question can arise as to fugitives from
service within the States and Territories in which the authority
of the Union is fully acknowledged. The ordinary forms of judicial
proceedings must be respected by the military and civil authorities
alike for the enforcement of legal forms. But in the States wholly
or in part under insurrectionary control, where the laws of the
United States are so far opposed and resisted that they can not
be effectually enforced, it is obvious that the rights dependent
upon the execution of these laws must temporarily fail, and it is
equally obvious that the rights dependent on the laws of the States
within which military operations are conducted must necessarily be
subordinate to the military exigencies created by the insurrection,
if not wholly forfeited by the treasonable conduct of the parties
claiming them. To this the general rule of the right to service
forms an exception. The act of Congress approved August 6, 1861,
declares that if persons held to service shall be employed in
hostility to the United States, the right to their services shall
be discharged therefrom. It follows of necessity that no claim
can be recognized by the military authority of the Union to the
services of such persons when fugitives.
Public-domain text, read in full here on John Shaqi.
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