Address at Independence Hall, Philadelphia, 1861
First Inaugural Address, 1861
Message to Congress in Special Session, 1861
Emancipation Proclamation, 1863
The Gettysburg Address, 1863
Secession
The Test of Democratic Self-Government
Suspension of Habeas Corpus
Emancipation of the Slaves
Cand.
Party
PV
EV
Lincoln
Rep.
40%
180
Douglas Dem.
30%
12
Brecken S. Dem.
ridge
18%
72
Bell
13%
39
C.U.
Principles of the
Declaration as the bond
of the Union
America, the
Declaration, and the
promise of universal
liberty
Reiteration of Lincoln’s pledge not to interfere with
slavery in the states where it already exists.
Also, he would not object to a constitutional amendment
guaranteeing slavery in the states where it already exists.
Critique of secession:
Perpetuity is implied in the fundamental law of all national
governments.
Even if the United States were merely a compact, it could be
unmade only with the consent of all parties.
The evidence of the Founding:
Articles of Confederation and Perpetual Union
The Constitution intended to “create a more perfect Union.”
A further critique of secession
The test of democratic government: can it preserve itself
against an obstinate minority that would rather destroy
the nation than accept the election’s outcome
Secession is based on a belief in the sacred sovereignty
of states, but in fact they have no sovereignty except
under the Constitution.
Secession is a principle of political disintegration.
Secession would break up the government, based on
equality of opportunity, that has done more than any
other to elevate the condition of men.
The issue of suspension of habeas corpus
Taney’s opinion in Ex parte Merryman: The Executive
Branch has no authority to suspend habeas corpus
The British background on habeas corpus
Founding-era practice
The text of the Constitution
Lincoln’s response:
Appeal to prerogative: the need to violate one law to save the
whole system of laws.
The text of the Constitution: By implication, the Executive
may suspend habeas corpus
Criticisms of Lincoln’s use of the executive power
People have been arrested who have violated no established
laws of the United States.
Habeas Corpus may be suspended only in the locality of
rebellion.
Lincoln’s response:
The very purpose of suspension of habeas corpus is to permit
the executive to arrest persons who have violated no law
The process of regular courts of law is “vindictive.”
Arrests made under suspension of habeas corpus are “preventive.”
The Constitution does not limit suspension to the locality of
rebellion, but permits it where the public safety requires it.
Letter to O.H. Browning
(1861) on Lincoln’s
countermanding of
Fremont’s emancipation
order
The constitutional
problem
The executive cannot
make permanent rules of
property
The political problem
Alienation of necessary
support for the Union
Letter to Horace Greely
(1862)
Lincoln’s policy: “I would
save the Union.”
Issued on Lincoln’s authority as Commander-in-Chief
Presented as a matter of military necessity
Accordingly, limited in scope to parts of the nation in
rebellion against the government
Question of Lincoln’s consistency: Is the Emancipation
Proclamation consistent with the concerns in the letter
to O.H. Browning?
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