Recollections of Abraham Lincoln, 1847-1865Lamon, Ward Hill
History
Recollections of Abraham Lincoln, 1847-1865
Lamon, Ward Hill
Lincoln, Abraham, 1809-1865
The execution of the Fugitive Slave Law in the District of Columbia
became a question much discussed in Congress, and was a frightful
scandal to the Radical members. The law remained in force; and no
attempt was made by Congress to repeal it, or to provide for the
protection of the Executive officers whose duty it was to enforce it.
The subject gave Mr. Lincoln great concern, but he could see no way out
of the difficulty except to have the law executed. The District had
become the asylum of the runaway slaves from the Border States,
particularly from the rebel State of Virginia and the quasi-loyal State
of Maryland. So far as the State of Virginia was concerned, she was
still, according to the theory of the Administration, one of the United
States; and all Congressional laws on the statute book were enforced in
regard to her as well as to States not in rebellion, which made the
question one of great embarrassment. The Confiscation Act, which gave
liberty to all slaves that had been employed by the rebels for
insurrectionary purposes, had gone into effect in the month of August,
1861. The military governor of the District assumed that by virtue of
this law all slaves that came into the District from whatever section
had been thus employed, and consequently were free, and it became his
duty to give them military protection as free persons.
This state of things caused a fearful responsibility to rest upon the
shoulders of the civil executive authorities. The President gave me
private instructions to execute the laws until Congress modified or
repealed them. "In doing this," Mr. Lincoln said, "you will receive much
adverse criticism and a good deal of downright abuse from members of
Congress. This is certain to come, but it will be not so much intended
for you as for me; as our friend Senator Hale, the other day, said in
the Senate, 'We must not strike too high nor too low, but we must strike
between wind and water: the marshal is the man to hit.' And I say, we
shall have to stand it whatever they send."
Martial law had not been declared; there was not even a temporary
suspension of the civil authority, even in exceptional cases, in the
District of Columbia. It was conceded by all, that in time of danger the
temporary rule of military authority was virtually necessary to the
preservation of the federal capital; but at this time there was no
pretence of danger. The civil courts of the District being in full power
for the adjudication of all cases arising within their jurisdiction,
nothing but a pressing military necessity could give countenance or
pretext for the suspension of the civil law. It was, therefore, only a
question of time--and the time soon came--for a conflict to arise
between civil and military authority.
Public-domain text, read in full here on John Shaqi.
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