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
“But it was not believed that this question was presented. It was
not believed that any law was violated. The provision of the
Constitution, that the privilege of the writ of habeas corpus
shall not be suspended, unless when, in cases of rebellion or
invasion, the public safety may require it, is equivalent to a
provision that such privilege may be suspended when, in cases of
rebellion or invasion, the public safety does require it. It was
decided that we have a case of rebellion, and that the public
safety does require the qualified suspension of the privilege of
the writ, which was authorized to be made. Now, it is insisted
that Congress, and not the Executive, is vested with this power.
But the Constitution itself is silent as to which or who is to
exercise the power; and as the provision was plainly made for a
dangerous emergency, it cannot be believed that the framers of the
instrument intended that in every case the danger should run its
course until Congress could be called together, the very assembling
of which might be prevented, as was intended in this case by the
rebellion. No more extended argument is now afforded, as an opinion
at some length will probably be presented by the Attorney-General.
Whether there shall be any legislation on the subject, and if so,
what, is subject entirely to the better judgment of Congress.
The forbearance of this Government had been so extraordinary,
and so long continued, as to lead some foreign nations to shape
their action as if they supposed the early destruction of our
National Union was probable. While this, on discovery, gave the
Executive some concern, he is now happy to say that the sovereignty
and rights of the United States are now everywhere practically
respected by foreign powers, and a general sympathy with the
country is manifested throughout the world.
“The reports of the Secretaries of the Treasury, War, and the
Navy, will give the information, in detail, deemed necessary and
convenient for your deliberation and action, while the Executive
and all the Departments will stand ready to supply omissions or to
communicate new facts considered important for you to know.
Public-domain text, read in full here on John Shaqi.
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