The Papers And Writings Of Abraham Lincoln — Volume 6: 1862-1863

It may be remarked — first, that we had the same Constitution then as now; secondly, that we then had a case of invasion, and now we have a case of rebellion; and, thirdly, that the permanent right of the people to public discussion, the liberty of speech and of the press, the trial by jury, the law of evidence, and the habeas corpus suffered no detriment whatever by that conduct of General Jackson, or its subsequent approval by the American Congress.

And yet, let me say that, in my own discretion, I do not know whether I would have ordered the arrest of Mr. Vallandigham. While I cannot shift the responsibility from myself, I hold that, as a general rule, the commander in the field is the better judge of the necessity in any particular case. Of course I must practice a general directory and revisory power in the matter.

One of the resolutions expresses the opinion of the meeting that arbitrary arrests will have the effect to divide and distract those who should be united in suppressing the rebellion, and I am specifically called on to discharge Mr. Vallandigham. I regard this as, at least, a fair appeal to me on the expediency of exercising a constitutional power which I think exists. In response to such appeal I have to say, it gave me pain when I learned that Mr. Vallandigham had been arrested (that is, I was pained that there should have seemed to be a necessity for arresting him), and that it will afford me great pleasure to discharge him so soon as I can by any means believe the public safety will not suffer by it.

I further say that, as the war progresses, it appears to me, opinion and action, which were in great confusion at first, take shape and fall into more regular channels, so that the necessity for strong dealing with them gradually decreases. I have every reason to desire that it should cease altogether, and far from the least is my regard for the opinions and wishes of those who, like the meeting at Albany, declare their purpose to sustain the government in every constitutional and lawful measure to suppress the rebellion. Still, I must continue to do so much as may seem to be required by the public safety.

A. LINCOLN.

TO THE SECRETARY OF THE TREASURY

EXECUTIVE MANSION, June 14, 1863

HON. SECRETARY OF THE TREASURY.

SIR: — Your note of this morning is received. You will co-operate by the revenue cutters under your direction with the navy in arresting rebel depredations on American commerce and transportation and in capturing rebels engaged therein.

A. LINCOLN.

TELEGRAM TO GENERAL TYLER

WAR DEPARTMENT, June 14, 1863

GENERAL TYLER, Martinsburg: Is Milroy invested so that he cannot fall back to Harper's Ferry?

A. LINCOLN.

RESPONSE TO A "BESIEGED" GENERAL

TELEGRAM TO GENERAL TYLER

WAR DEPARTMENT, June 14, 1863.

GENERAL TYLER, Martinsburg:

If you are besieged, how do you despatch me? Why did you not leave before being besieged?

A. LINCOLN.

TELEGRAM TO GENERAL KELLEY

WASHINGTON, June 14, 1863. 1.27 P.M

MAJOR-GENERAL KELLEY, Harper's Ferry:

Are the forces at Winchester and Martinsburg making any effort to get to you?

A. LINCOLN.

TELEGRAM TO GENERAL HOOKER

WASHINGTON, D. C., June 14, 1863.3.50 P.M.,

MAJOR-GENERAL HOOKER:

So far as we can make out here, the enemy have Muroy surrounded at Winchester, and Tyler at Martinsburg. If they could hold out a few days, could you help them? If the head of Lee's army is at Martinsburg and the tail of it on the plank-road between Fredericksburg and Chancellorsville, the animal must be very slim somewhere; could you not break him?

A. LINCOLN.

TELEGRAM TO GENERAL R. C. SCHENCK

WAR DEPARTMENT, June 14, 1863

MAJOR-GENERAL SCHENCK:

Get General Milroy from Winchester to Harper's Ferry, if possible. He will be "gobbled up" if he remains, if he is not already past salvation.

A. LINCOLN, President, United States.

NEEDS NEW TIRES ON HIS CARRIAGE

TELEGRAM TO MRS. LINCOLN

WAR DEPARTMENT, June 15, 1863.

MRS. LINCOLN, Philadelphia, Pa.:

Tolerably well. Have not rode out much yet, but have at last got new tires on the carriage wheels and perhaps shall ride out soon.

A. LINCOLN.

CALL FOR 100,000 MILITIA TO SERVE FOR SIX MONTHS, JUNE 15, 1863

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA:

A Proclamation

Whereas the armed insurrectionary combinations now existing in several of the States are threatening to make inroads into the States of Maryland, West Virginia, Pennsylvania, and Ohio, requiring immediately an additional military force for the service of the United States:

Now, therefore, I, Abraham Lincoln, President of the United States and Commander-in-Chief of the Army and Navy thereof and of the militia of the several States when called into actual service, do hereby call into the service of the United States 100,000 militia from the States following, namely:

From the State of Maryland, 10,000; from the State of Pennsylvania, 50,000; from the State of Ohio, 30,000; from the State of West Virginia, 10,000 — to be mustered into the service of the United States forthwith and to serve for a period of six months from the date of such muster into said service, unless sooner discharged; to be mustered in as infantry, artillery, and cavalry, in proportions which will be made known through the War Department, which Department will also designate the several places of rendezvous. These militia to be organized according to the rules and regulations of the volunteer service and such orders as may hereafter be issued. The States aforesaid will be respectively credited under the enrollment act for the militia services entered under this proclamation. In testimony whereof.......

A. LINCOLN

TELEGRAM TO P. KAPP AND OTHERS

WAR DEPARTMENT, WASHINGTON, D. C., June 10, 1863

FREDERICK KAPP AND OTHERS, New York:

The Governor of New York promises to send us troops, and if he wishes the assistance of General Fremont and General Sigel, one or both, he can have it. If he does not wish them it would but breed confusion for us to set them to work independently of him.

A. LINCOLN.

TELEGRAM TO GENERAL MEAGHER

WAR DEPARTMENT, WASHINGTON, D. C., June 16, 1863

GENERAL T. FRANCIS MEAGHER, New York:

Your despatch received. Shall be very glad for you to raise 3000 Irish troops if done by the consent of and in concert with Governor Seymour.

A. LINCOLN.

TELEGRAM TO MRS. LINCOLN

WAR DEPARTMENT, WASHINGTON, D. C., June 16, 1863

MRS. LINCOLN, Philadelphia:

It is a matter of choice with yourself whether you come home. There is no reason why you should not, that did not exist when you went away. As bearing on the question of your coming home, I do not think the raid into Pennsylvania amounts to anything at all.

A. LINCOLN.

TELEGRAM TO COLONEL BLISS

EXECUTIVE MANSION, WASHINGTON, June 16, 1863

COL. WILLIAM S. BLISS, New York Hotel:

Your despatch asking whether I will accept "the Loyal Brigade of the North" is received. I never heard of that brigade by name and do not know where it is; yet, presuming it is in New York, I say I will gladly accept it, if tendered by and with the consent and approbation of the Governor of that State. Otherwise not.

A. LINCOLN.

TELEGRAM TO GENERAL HOOKER

WASHINGTON, June 16, 1863.10 P.M

MAJOR-GENERAL HOOKER:

To remove all misunderstanding, I now place you in the strict military relation to General Halleck of a commander of one of the armies to the general-in-chief of all the armies. I have not intended differently, but as it seems to be differently understood I shall direct him to give you orders and you to obey them.

A. LINCOLN.

TELEGRAM TO GENERAL HOOKER

WAR DEPARTMENT WASHINGTON D. C., June 17, 1863

MAJOR-GENERAL HOOKER:

Mr. Eckert, superintendent in the telegraph office, assures me that he has sent and will send you everything that comes to the office.

A. LINCOLN.

TELEGRAM TO JOSHUA TEVIS

EXECUTIVE MANSION, WASHINGTON, June 17, 1863

JOSHUA TEVIS, Esq., U. S. Attorney, Frankfort, Ky.:

A Mr. Burkner is here shoving a record and asking to be discharged from a suit in San Francisco, as bail for one Thompson. Unless the record shown me is defectively made out I think it can be successfully defended against. Please examine the case carefully and, if you shall be of opinion it cannot be sustained, dismiss it and relieve me from all trouble about it. Please answer.

A. LINCOLN.

TELEGRAM TO GOVERNOR TOD

[Cipher.]

EXECUTIVE MANSION, WASHINGTON,

June 18, 1863.

GOVERNOR D. TOD, Columbus, O.:

Yours received. I deeply regret that you were not renominated, not that I have aught against Mr. Brough. On the contrary, like yourself, I say hurrah for him.

A. LINCOLN.

TELEGRAM TO GENERAL DINGMAN

WAR DEPARTMENT, WASHINGTON, D. C., June 18, 1863

GENERAL A. DINGMAN, Belleville, C. W.:

Thanks for your offer of the Fifteenth Battalion. I do not think Washington is in danger.

A. LINCOLN

TO B. B. MALHIOT AND OTHERS

EXECUTIVE MANSION, WASHINGTON, June 19, 1863

MESSRS. B. B. MALHIOT, BRADISH JOHNSON, AND THOMAS COTTMAN.

GENTLEMEN: — Your letter, which follows, has been received and Considered.

"The undersigned, a committee appointed by the planters of the State of Louisiana, respectfully represent that they have been delegated to seek of the General Government a full recognition of all the rights of the State as they existed previous to the passage of an act of secession, upon the principle of the existence of the State constitution unimpaired, and no legal act having transpired that could in any way deprive them of the advantages conferred by that constitution. Under this constitution the State wishes to return to its full allegiance, in the enjoyment of all rights and privileges exercised by the other States under the Federal Constitution. With the view of accomplishing the desired object, we further request that your Excellency will, as commander-in-chief of the army of the United States, direct the Military Governor of Louisiana to order an election, in conformity with the constitution and laws of the State, on the first Monday of November next, for all State and Federal officers.

"With high consideration and resect, we have the honor to subscribe ourselves,

"Your obedient servants,

"E. E. MALHIOT.

"BRADISH JOHNSON.

"THOMAS COTTMAN."

Since receiving the letter, reliable information has reached me that a respectable portion of the Louisiana people desire to amend their State constitution, and contemplate holding a State convention for that object. This fact alone, as it seems to me, is a sufficient reason why the General Government should not give the committal you seek to the existing State constitution. I may add that, while I do not perceive how such committal could facilitate our military operations in Louisiana, I really apprehend it might be so used as to embarrass them.

As to an election to be held next November, there is abundant time without any order or proclamation from me just now. The people of Louisiana shall not lack an opportunity for a fair election for both Federal and State officers by want of anything within my power to give them.

Your obedient servant,

A. LINCOLN.

TO GENERAL J. M. SCHOFIELD

EXECUTIVE MANSION, WASHINGTON

June 22, 1863.

GENERAL JOHN M. SCHOFIELD. MY DEAR SIR: — Your despatch, asking in substance whether, in case Missouri shall adopt gradual emancipation, the General Government will protect slave owners in that species of property during the short time it shall be permitted by the State to exist within it, has been received. Desirous as I am that emancipation shall be adopted by Missouri, and believing as I do that gradual can be made better than immediate for both black and white, except when military necessity changes the case, my impulse is to say that such protection would be given. I cannot know exactly what shape an act of emancipation may take. If the period from the initiation to the final end should be comparatively short, and the act should prevent persons being sold during that period into more lasting slavery, the whole would be easier. I do not wish to pledge the General Government to the affirmative support of even temporary slavery beyond what can be fairly claimed under the Constitution. I suppose, however, this is not desired, but that it is desired for the military force of the United States, while in Missouri, to not be used in subverting the temporarily reserved legal rights in slaves during the progress of emancipation. This I would desire also. I have very earnestly urged the slave States to adopt emancipation; and it ought to be, and is, an object with me not to overthrow or thwart what any of them may in good faith do to that end. You are therefore authorized to act in the spirit of this letter in conjunction with what may appear to be the military necessities of your department. Although this letter will become public at some time, it is not intended to be made so now.

Yours truly,

A. LINCOLN.

TELEGRAM TO GENERAL J. HOOKER

WASHINGTON, June 22, 1863

MAJOR-GENERAL HOOKER:

Operator at Leesburg just now says: "I heard very little firing this A.M. about daylight, but it seems to have stopped now. It was in about the same direction as yesterday, but farther off."

A. LINCOLN.

TO SECRETARY OF WAR

EXECUTIVE MANSION, WASHINGTON, June 23, 1863

HON. SECRETARY OF WAR:

You remember that Hon. W. D. Kelly and others are engaged in raising or trying to raise some colored regiments in Philadelphia. The bearer of this, Wilton M. Huput, is a friend of Judge Kelly, as appears by the letter of the latter. He is a private in the 112th Penn. and has been disappointed in a reasonable expectation of one of the smaller offices. He now wants to be a lieutenant in one of the colored regiments. If Judge Kelly will say in writing he wishes to so have him, I am willing for him to be discharged from his present position, and be so appointed. If you approve, so indorse and let him carry the letter to Kelly.

Yours truly,

A. LINCOLN.

TELEGRAM TO MAJOR VAN VLIET

[Cipher.]

WAR DEPARTMENT, WASHINGTON, D. C., June 23, 1863.

MAJOR VAN VLIET, New York:

Have you any idea what the news is in the despatch of General Banks to General Halleck?

A. LINCOLN.

TELEGRAM TO GENERAL COUCH

WAR DEPARTMENT, June 24, 1863

MAJOR-GENERAL COUCH, Harrisburg, Pa.:

Have you any reports of the enemy moving into Pennsylvania? And if any, what?

A. LINCOLN.

TELEGRAM TO GENERAL DIX

WASHINGTON, June 24, 1863

MAJOR-GENERAL Dix, Yorktown, Va.:

We have a despatch from General Grant of the 19th. Don't think Kirby Smith took Milliken's Bend since, allowing time to get the news to Joe Johnston and from him to Richmond. But it is not absolutely impossible. Also have news from Banks to the 16th, I think. He had not run away then, nor thought of it.

A. LINCOLN.

TELEGRAM TO GENERAL PECK

WAR DEPARTMENT, WASHINGTON, D. C., June 25, 1863

GENERAL PECK, Suffolk, Va.:

Colonel Derrom, of the Twenty-fifth New Jersey Volunteers, now mustered out, says there is a man in your hands under conviction for desertion, who formerly belonged to the above named regiment, and whose name is Templeton — Isaac F. Templeton, I believe. The Colonel and others appeal to me for him. Please telegraph to me what is the condition of the case, and if he has not been executed send me the record of the trial and conviction.

A. LINCOLN.

TELEGRAM TO GENERAL SLOCUM

WAR DEPARTMENT, WASHINGTON, D. C., June 25,1863

MAJOR-GENERAL SLOCUM, Leesburg, Va.:

Was William Gruvier, Company A, Forty-sixth, Pennsylvania, one of the men executed as a deserter last Friday?

A. LINCOLN.

TELEGRAM TO GENERAL HOOKER

WAR DEPARTMENT, WASHINGTON, D. C., June 27, 1863. 8A.M

MAJOR-GENERAL HOOKER:

It did not come from the newspapers, nor did I believe it, but I wished to be entirely sure it was a falsehood.

A. LINCOLN.

TELEGRAM TO GENERAL BURNSIDE

EXECUTIVE MANSION, WASHINGTON, June 28, 1863

MAJOR-GENERAL BURNSIDE, Cincinnati, O.:

There is nothing going on in Kentucky on the subject of which you telegraph, except an enrolment. Before anything is done beyond this, I will take care to understand the case better than I now do.

A. LINCOLN.

TELEGRAM TO GOVERNOR BOYLE

EXECUTIVE MANSION, WASHINGTON, D. C., June 28, 1863

GOVERNOR J. T. BOYLE, Cincinnati, O.:

There is nothing going on in Kentucky on the subject of which you telegraph, except an enrolment. Before anything is done beyond this, I will take care to understand the case better than I now do.

A. LINCOLN.

TELEGRAM TO GENERAL SCHENCK

WAR DEPARTMENT, WASHINGTON, D. C., June 28, 1863

MAJOR GENERAL SCHENCK, Baltimore, Md.:

Every place in the Naval school subject to my appointment is full, and I have one unredeemed promise of more than half a year's standing.

A. LINCOLN.

FURTHER DEMOCRATIC PARTY CRITICISM

TO M. BIRCHARD AND OTHERS

WASHINGTON, D. C., June 29,1863.

MESSRS. M. BIRCHARD, DAVID A. HOUK, et al:

GENTLEMEN: — The resolutions of the Ohio Democratic State convention, which you present me, together with your introductory and closing remarks, being in position and argument mainly the same as the resolutions of the Democratic meeting at Albany, New York, I refer you to my response to the latter as meeting most of the points in the former.

This response you evidently used in preparing your remarks, and I desire no more than that it be used with accuracy. In a single reading of your remarks, I only discovered one inaccuracy in matter, which I suppose you took from that paper. It is where you say: "The undersigned are unable to agree with you in the opinion you have expressed that the Constitution is different in time of insurrection or invasion from what it is in time of peace and public security."

A recurrence to the paper will show you that I have not expressed the opinion you suppose. I expressed the opinion that the Constitution is different in its application in cases of rebellion or invasion, involving the public safety, from what it is in times of profound peace and public security; and this opinion I adhere to, simply because, by the Constitution itself, things may be done in the one case which may not be done in the other.

I dislike to waste a word on a merely personal point, but I must respectfully assure you that you will find yourselves at fault should you ever seek for evidence to prove your assumption that I "opposed in discussions before the people the policy of the Mexican war."

You say: "Expunge from the Constitution this limitation upon the power of Congress to suspend the writ of habeas corpus, and yet the other guarantees of personal liberty would remain unchanged." Doubtless, if this clause of the Constitution, improperly called, as I think, a limitation upon the power of Congress, were expunged, the other guarantees would remain the same; but the question is not how those guarantees would stand with that clause out of the Constitution, but how they stand with that clause remaining in it, in case of rebellion or invasion involving the public safety. If the liberty could be indulged of expunging that clause, letter and spirit, I really think the constitutional argument would be with you.

My general view on this question was stated in the Albany response, and hence I do not state it now. I only add that, as seems to me, the benefit of the writ of habeas corpus is the great means through which the guarantees of personal liberty are conserved and made available in the last resort; and corroborative of this view is the fact that Mr. Vallandigham, in the very case in question, under the advice of able lawyers, saw not where else to go but to the habeas corpus. But by the Constitution the benefit of the writ of habeas corpus itself may be suspended when, in case of rebellion or invasion, the public safety may require it.

You ask, in substance, whether I really claim that I may override all the guaranteed rights of individuals, on the plea of conserving the public safety when I may choose to say the public safety requires it. This question, divested of the phraseology calculated to represent me as struggling for an arbitrary personal prerogative, is either simply a question who shall decide, or an affirmation that nobody shall decide, what the public safety does require in cases of rebellion or invasion.

The Constitution contemplates the question as likely to occur for decision, but it does not expressly declare who is to decide it. By necessary implication, when rebellion or invasion comes, the decision is to be made from time to time; and I think the man whom, for the time, the people have, under the Constitution, made the commander-in-chief of their army and navy, is the man who holds the power and bears the responsibility of making it. If he uses the power justly, the same people will probably justify him; if he abuses it, he is in their hands to be dealt with by all the modes they have reserved to themselves in the Constitution.

The earnestness with which you insist that persons can only, in times of rebellion, be lawfully dealt with in accordance with the rules for criminal trials and punishments in times of peace, induces me to add a word to what I said on that point in the Albany response.

You claim that men may, if they choose, embarrass those whose duty it is to combat a giant rebellion, and then be dealt with in turn only as if there were no rebellion. The Constitution itself rejects this view. The military arrests and detentions which have been made, including those of Mr. Vallandigham, which are not different in principle from the others, have been for prevention, and not for punishment — as injunctions to stay injury, as proceedings to keep the peace; and hence, like proceedings in such cases and for like reasons, they have not been accompanied with indictments, or trials by juries, nor in a single case by any punishment whatever, beyond what is purely incidental to the prevention. The original sentence of imprisonment in Mr. Vallandigham's case was to prevent injury to the military service only, and the modification of it was made as a less disagreeable mode to him of securing the same prevention.