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
“It is believed that nothing has been done beyond the
constitutional competency of Congress. Soon after the first call
for militia it was considered a duty to authorize the commanding
general, in proper cases, according to his discretion, to suspend
the privilege of the writ of habeas corpus; or, in other words,
to arrest and detain, without resort to the ordinary processes
and forms of law, such individuals as he might deem dangerous to
the public safety. This authority has purposely been exercised,
but very sparingly. Nevertheless, the legality and propriety of
what has been done under it are questioned, and the attention of
the country has been called to the proposition, that one who is
sworn to take care that the laws be faithfully executed should not
himself violate them. Of course some consideration was given to
the questions of power and propriety before this matter was acted
upon. The whole of the laws, which were required to be faithfully
executed, were being resisted, and failing of execution in nearly
one-third of the States. Must they be allowed to finally fail of
execution, even had it been perfectly clear that, by use of the
means necessary to their execution, some single law, made in such
extreme tenderness of the citizen’s liberty that practically it
relieves more of the guilty than the innocent, should, to a very
great extent, be violated? To state the question more directly, are
all the laws but one to go unexecuted, and the Government itself
to go to pieces, lest that one be violated? Even in such a case
would not the official oath be broken, if the Government should be
overthrown when it was believed that disregarding the single law
would tend to preserve it?
Public-domain text, read in full here on John Shaqi.
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