Lives of Distinguished North Carolinians, with Illustrations and Speeches
History
Lives of Distinguished North Carolinians, with Illustrations and Speeches
North Carolina -- Biography
Those accustomed to analyze motive and conduct will note with
attention that the Act of August 6, 1861, intended to legalize
the call for troops, was passed after the "force bill" had been
reenacted and amplified by the Acts of July 13, 29, and 31,
1861--after the President had been expressly authorized by these
acts and another to accept the service of volunteers and to use the
army, navy, and militia to make war upon _States and combinations of
States_, as well as upon the inhabitants of districts therein--after
Congress had in these acts twice gone out of its way to refer to the
old Act of 1795 as still in force, and once expressly treated it
as giving the authority, which had been assumed, to begin the war;
and the legalizing act itself was covered under a caption which was
calculated to excite as little attention as possible. The caption
reads: "An act to increase the pay of privates in the regular army
and in the volunteers, and for other purposes."
The Act of 1795, when in force, gave the President no authority to
determine when a state of insurrection existed, even in a Federal
district; Congress proved that it realized this defect of power by
hastening (July 13 and 29, 1861) to supply it to Lincoln--in respect
to States as well as districts--a double confession of the weakness
of his position.
The Act of 1795 afforded no assistance to collect customs, for the
Whiskey Insurrectionists, against whom it was passed, resisted
only the internal revenue taxes; Congress practically acknowledged
this limitation, by Act of July 13, 1861, expressly and separately
authorizing the President to use the army, navy, and militia to
"collect the customs" of the United States.
"Even our enemies themselves being judges," there were doubts
everywhere, and these doubts were everywhere resolved in favor of
absolute authority and against the received construction of law and
the Constitution.
An executive who usurps powers ought to be placed on a moral plane
as much lower than that of a treasurer who embezzles public funds as
the love of liberty in the minds of the virtuous is higher than the
love of money.
Public-domain text, read in full here on John Shaqi.
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