The Life and Writings of Abraham Lincoln (101 page)

By the third resolution the meeting indicate their opinion that military arrests may be constitutional in localities where rebellion actually exists, but that such arrests are unconstitutional in localities where rebellion or insurrection does not actually exist. They insist that such arrests shall not be made “outside of the lines of necessary military occupation and the scenes of insurrection.” Inasmuch, however, as the Constitution itself makes no such distinction, I am unable to believe that there is any such constitutional distinction. I concede that the class of arrests complained of can be constitutional only when, in cases of rebellion or invasion, the public safety may require them; and I insist that in such cases they are constitutional wherever the public safety does require them, as well in places to which they may prevent the rebellion extending, as in those where it may be already prevailing; as well where they may restrain mischievous interference with the raising and supplying of armies to suppress the rebellion, as where the rebellion may actually be; as well where they may restrain the enticing men out of the army, as where they would prevent mutiny in the army; equally constitutional at all places where they will conduce to the public safety, as against the dangers of rebellion or invasion.…

I understand the meeting whose resolutions I am considering to be in favor of suppressing the rebellion by military force—by armies. Long experience has shown that armies cannot be maintained unless desertion shall be punished by the severe penalty of death. The case requires, and the law and the Constitution sanction, this punishment. Must I shoot a simple-minded soldier boy who deserts, while I must not touch a hair of a wily agitator who induces him to desert? This is none the less injurious when effected by getting a father, or brother, or friend into a public meeting, and there working upon his feelings till he is persuaded to write the soldier boy that he
is fighting in a bad cause, for a wicked administration of a contemptible government, too weak to arrest and punish him if he shall desert. I think that, in such a case, to silence the agitator and save the boy is not only constitutional, but withal a great mercy.

If I be wrong on this question of constitutional power, my error lies in believing that certain proceedings are constitutional when, in cases of rebellion or invasion, the public safety requires them, which would not be constitutional when, in absence of rebellion or invasion, the public safety does not require them: in other words, that the Constitution is not in its application in all respects the same in cases of rebellion or invasion involving the public safety, as it is in times of profound peace and public security. The Constitution itself makes the distinction, and I can no more be persuaded that the government can constitutionally take no strong measures in time of rebellion, because it can be shown that the same could not be lawfully taken in time of peace, than I can be persuaded that a particular drug is not good medicine for a sick man because it can be shown to not be good food for a well one. Nor am I able to appreciate the danger apprehended by the meeting, that the American people will by means of military arrests during the rebellion lose the right of public discussion, the liberty of speech and the press, the law of evidence, trial by jury, and
habeas corpus
throughout the indefinite peaceful future which I trust lies before them, any more than I am able to believe that a man could contract so strong an appetite for emetics during temporary illness as to persist in feeding upon them during the remainder of his healthful life.…

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.

Gettysburg had been fought on July 1, 2 and 3; Vicksburg on July 4. These were both Union victories, and the people of Washington had come to the White House to serenade the President. Several phrases first stated here reappear in more carefully worded form in the famous Gettysburg address
.

July 7, 1863

F
ELLOW
C
ITIZENS
: I am very glad indeed to see you tonight, and yet I will not say I thank you for this call; but I do most sincerely thank Almighty God for the occasion on which you have called. How long ago is it?—eighty-odd years since, on the Fourth of July, for the first time in the history of the world, a nation, by its representatives, assembled and declared, as a self-evident truth, “that all men are created equal.” That was the birthday of the United States of America. Since then the Fourth of July has had several very peculiar recognitions. The two men most distinguished in the framing and support of the Declaration were Thomas Jefferson and John Adams—the one having penned it, and the other sustained it the most forcibly in debate—the only two of the fifty-five who signed it that were elected Presidents of the United States. Precisely fifty years
²⁷
after they put their hands to the paper, it pleased Almighty God to take both from this stage of action. This was indeed an extraordinary and remarkable event in our history.
Another President, five years after, was called from this stage of existence on the same day and month of the year;
²⁸
and now on this last Fourth of July just passed, when we have a gigantic rebellion, at the bottom of which is an effort to overthrow the principle that all men are created equal, we have the surrender of a most powerful position and army on that very day. And not only so, but in a succession of battles in Pennsylvania, near to us, through three days, so rapidly fought that they might be called one great battle, on the first, second, and third of the month of July; and on the fourth the cohorts of those who opposed the Declaration that all men are created equal “turned tail” and ran. Gentlemen, this is a glorious theme, and the occasion for a speech, but I am not prepared to make one worthy of the occasion. I would like to speak in terms of praise due to the many brave officers and soldiers who have fought in the cause of the Union and liberties of their country from the beginning of the war. These are trying occasions, not only in success, but for the want of success. I dislike to mention the name of one single officer, lest I might do wrong to those I might forget. Recent events bring up glorious names, and particularly prominent ones; but these I will not mention. Having said this much, I will now take the music.

Lincoln writes to thank Grant for his victory at Vicksburg, Mississippi. The fortified city of Vicksburg, overlooking the Mississippi river from a high bluff, had been under attack for months. Grant, who had been in disfavor with the high command, finally resolved to run his batteries down the river past the rifled guns of the forts in an effort to land in a new position from which he could take the city from the rear. Even after Grant had shut off Vicksburg from the rest of the world, the city had resisted siege from May 19
to July 4, when its garrison of 37,000 was compelled by starvation to surrender
.

Executive Mansion, July 13, 1863

M
Y
D
EAR
G
ENERAL
: I do not remember that you and I ever met personally. I write this now as a grateful acknowledgment for the almost inestimable service you have done the country. I wish to say a word further. When you first reached the vicinity of Vicksburg, I thought you should do what you finally did—march the troops across the neck, run the batteries with the transports, and thus go below; and I never had any faith, except a general hope that you knew better than I, that the Yazoo Pass expedition and the like could succeed. When you got below and took Port Gibson, Grand Gulf, and vicinity, I thought you should go down the river and join General Banks, and when you turned northward, east of the Big Black, I feared it was a mistake. I now wish to make the personal acknowledgment that you were right and I was wrong.

Lincoln had removed Hooker on the eve of the Battle of Gettysburg and replaced him with Meade. Meade had won the battle, but had failed to pursue Lee when Lee had headed south for the Shenandoah Valley. It is interesting to note that although Lincoln wrote out this letter very carefully, he never sent it to Meade
.

Executive Mansion, July 14, 1863

I
HAVE
just seen your dispatch to General Halleck, asking to be relieved of your command because of a supposed censure of mine. I am very, very grateful to you for the magnificent success you gave the cause of the country at Gettysburg; and I
am sorry now to be the author of the slightest pain to you. But I was in such deep distress myself that I could not restrain some expression of it. I have been oppressed nearly ever since the battles of Gettysburg by what appeared to be evidences that yourself and General Couch and General Smith were not seeking a collision with the enemy, but were trying to get him across the river without another battle. What these evidences were, if you please, I hope to tell you at some time when we shall both feel better. The case, summarily stated, is this: You fought and beat the enemy at Gettysburg and, of course, to say the least, his loss was as great as yours. He retreated, and you did not, as it seemed to me, pressingly pursue him; but a flood in the river detained him till, by slow degrees, you were again upon him. You had at least twenty thousand veteran troops directly with you, and as many more raw ones within supporting distance, all in addition to those who fought with you at Gettysburg, while it was not possible that he had received a single recruit, and yet you stood and let the flood run down, bridges be built, and the enemy move away at his leisure without attacking him. And Couch and Smith! The latter left Carlisle in time, upon all ordinary calculation, to have aided you in the last battle at Gettysburg, but he did not arrive. At the end of more than ten days, I believe twelve, under constant urging, he reached Hagerstown from Carlisle, which is not an inch over fifty-five miles, if so much, and Couch’s movement was very little different.

Again, my dear general, I do not believe you appreciate the magnitude of the misfortune involved in Lee’s escape. He was within your easy grasp, and to have closed upon him would, in connection with our other late successes, have ended the war. As it is, the war will be prolonged indefinitely. If you could not safely attack Lee last Monday, how can you possibly do so south of the river, when you can take with you very few more than two thirds of the force you then had in hand?

It would be unreasonable to expect, and I do not expect
[that], you can now effect much. Your golden opportunity is gone, and I am distressed immeasurably because of it.

I beg you will not consider this a prosecution or persecution of yourself. As you had learned that I was dissatisfied, I have thought it best to kindly tell you why.

[
Indorsement on the Envelope
]

To General Meade, never sent or signed.

After having suppressed his letter to General Meade because he thought that its too-critical attitude would offend that officer, Lincoln takes this opportunity to express the same ideas more gently in a letter to Howard, one of Meade’s corps commanders, in full knowledge that Howard would show his letter to Meade. Howard not only showed the letter to Meade but gave it to him, and Meade sent it on to his wife
.

Executive Mansion, July 21, 1863

M
Y DEAR
G
ENERAL
H
OWARD
: Your letter of the 18th is received. I was deeply mortified by the escape of Lee across the Potomac, because the substantial destruction of his army would have ended the war, and because I believed such destruction was perfectly easy—believed that General Meade and his noble army had expended all the skill, and toil, and blood, up to the ripe harvest, and then let the crop go to waste.

Perhaps my mortification was heightened because I had always believed—making my belief a hobby, possibly—that the main rebel army going north of the Potomac could never return, if well attended to; and because I was so greatly flattered in this belief by the operations at Gettysburg. A few days having passed, I am now profoundly grateful for what was done, without criticism for what was not done.

General Meade has my confidence as a brave and skillful officer and a true man.

Only a few days after Gettysburg, from July 13 to July 16, terrible draft riots had taken place in New York City. Governor Seymour of New York wrote to Lincoln asking him to suspend the draft. Seymour was a Democrat who, in company with Fernando Wood, Democratic Mayor of New York City, had opposed the administration in every way possible. This is Lincoln’s answer to Seymour, setting forth the President’s ideas on the legality of the draft laws
.

Executive Mansion, August 7, 1863

G
OVERNOR
H
ORATIO
S
EYMOUR
: Your communication of the third instant has been received and attentively considered.

I cannot consent to suspend the draft in New York, as you request, because, among other reasons, time is too important.…

I do not object to abide a decision of the United States Supreme Court, or of the judges thereof, on the constitutionality of the draft law. In fact, I should be willing to facilitate the obtaining of it, but I cannot consent to lose the time while it is being obtained. We are contending with an enemy, who, as I understand, drives every ablebodied man he can reach into his ranks, very much as a butcher drives bullocks into a slaughter-pen. No time is wasted, no argument is used. This produces an army which will soon turn upon our now victorious soldiers, already in the field, if they shall not be sustained by recruits as they should be. It produces an army with a rapidity not to be matched on our side, if we first waste time to re-experiment with the volunteer system already deemed by Congress, and palpably, in fact, so far exhausted as to be,
inadequate, and then more time to obtain a court decision as to whether a law is constitutional which requires a part of those not now in the service to go to the aid of those who are already in it, and still more time to determine with absolute certainty that we get those who are to go in the precisely legal proportion to those who are not to go. My purpose is to be in my action just and constitutional, and yet practical, in performing the important duty with which I am charged, of maintaining the unity and the free principles of our common country.