Lives of Distinguished North Carolinians, with Illustrations and Speeches
History
Lives of Distinguished North Carolinians, with Illustrations and Speeches
North Carolina -- Biography
Those who would derive Lincoln's assumed power to declare war from
the clause of the Constitution which requires that the "President
shall see that the laws are faithfully executed" betray the flimsy
foundation upon which they would erect the throne of an autocrat.
The faithful execution of the laws is to be secured in a lawful
manner, under such powers as the Constitution gives or Congress
may lawfully give to the President. If he is the sole judge of the
extent of the powers conferred and the appropriateness of the means
of execution, he does not need any other clause to make him the
field-overseer of both the other departments of government; and
this the Supreme Court has decided he is not. _Tyndall_ vs. _The
United States_, 12 Peters, p. 524. Lincoln did not rely upon this
clause, but upon the Act of 1795, the language of which he quoted in
his call for the militia of the States; and Congress, by the fifth
section of the Act of July 13, 1861, showed very plainly that it
recognized that he had professed to act under the Statute of 1795.
The frightful experiences of the civil war and the serpent-brood of
evils which have since followed in its trail are plenary proof that
the fathers were wise in not lodging the war power in the hands of
any one man.
A summary of Lincoln's conduct, while there was yet peace in the
land, brings out in startling relief the facts: that he dared at the
behest of pampered privilege greedy for revenue, and partisan rancor
thirsting for blood, without precedent, or the support of either
of the other branches of the government, to place his own private
interpretation upon a statute, in effect repealed, and thereby to
make war on six millions of his fellow-citizens, whom he refused
a right of opinion sustained by abundant authority and precedent
and by some of his own acts and utterances. The idol of the "higher
law" fanatics, the chief of whom he placed in his cabinet--nominated
on a platform which denounced the Supreme Court decision in the
Dred Scott case as "a dangerous political heresy, revolutionary
in its tendency and subversive of the peace and harmony of the
country"--elected by States, many of which defied Federal authority
attempting to execute the fugitive slave law, and none of which
supported such authority, except New Jersey and California--and
having never publicly or privately condemned the nullification of
their constitutional obligations (Article IV, section 2, clause 3)
by the States of Vermont, Connecticut, Rhode Island, Massachusetts,
Michigan, Maine, Wisconsin, Kansas, Ohio, and Pennsylvania--he still
proclaimed that his only motive in taking up the sword was to assert
the paramount authority of Federal law!
Public-domain text, read in full here on John Shaqi.
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