Lives of Distinguished North Carolinians, with Illustrations and Speeches
History
Lives of Distinguished North Carolinians, with Illustrations and Speeches
North Carolina -- Biography
President, as it had usually done in other instances in which it
had authorized the employment of military force. The Act of March
3, 1807, referred to in the force bill, simply gave the President
authority to use the land and naval forces of the United States to
assist in the execution of the laws whenever it should be lawful for
him to call out the militia for the same purpose. The Act of 1795,
referred to by Jackson, which he did not pretend he had a right
to use against the nullifiers of the tariff act, unless it should
be revived by Congress, and which he proposed should be revived,
modified, and adapted to meet the emergency confronting him, in
the same way Congress had formerly adapted and modified the Act of
1792 by the Act of 1795, to meet the emergency of the latter year,
was the very act Lincoln used to cover his assumption of power to
make war on the South without the authority of Congress! He had
this precedent before him, in which the warrior Jackson, swift in
defense of the nation's honor against her foreign foes, was slow
to dye his hands in his brothers' blood. He had before him the act
in which Congress had revived the provisions of the Act of 1795,
and expressly limited the duration of that revival to the time
intervening before its next session; and he was lawyer enough to
know, though not learned in his profession, that the substantial
reenactment and enlargement of the old act, and its repeal, or
limitation to a definite period, was, after the expiration of that
period, a practical repeal of both--especially when it may be seen
that the one was to take the place the other took in its day. See
_Tynen_ vs. _The United States_, 11 Wallace U. S. Reports, page 88;
_Pana_ vs. _Bowles_, 107 U. S. Reports, page 529, and cases cited
therein; _Norris_ vs. _Crocker_, 13 Howard, page 429.
Jackson, in spite of his camp association and military methods, was
the embodiment of caution and conservatism, when compared to Lincoln
and his "kitchen cabinet" of revenue-hunting Governors, who were
as swift to declare war against their own people, under a forced
construction of an old, unused, obsolete, special act, as those who
now speculate in their names and fame are eager to seek treaties of
partnership with our hereditary foreign foe.
They shall never, unchallenged, teach our children that Abraham
Lincoln's usurpations were lawful, justified by necessity, or
commended by God; lest "necessity, the plea of tyrants," or "divine
right," the plea of kings and priests, or "implied powers," the
plea of those who are powerful only to oppress the people and to
collect and spend their revenues, should constitute the excuse for
destroying the remaining safeguards of our liberties.
Public-domain text, read in full here on John Shaqi.
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