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

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.

I am unable to perceive an insult to Ohio in the case of Mr. Vallandigham. Quite surely nothing of the sort was or is intended. I was wholly unaware that Mr. Vallandigham was, at the time of his arrest, a candidate for the Democratic nomination for governor until so informed by your reading to me the resolutions of the convention. I am grateful to the State of Ohio for many things, especially for the brave soldiers and officers she has given in the present national trial to the armies of the Union.

You claim, as I understand, that according to my own position in the Albany response, Mr. Vallandigham should be released; and this because, as you claim, he has not damaged the military service by discouraging enlistments, encouraging desertions, or otherwise; and that if he had, he should have been turned over to the civil authorities under the recent acts of Congress. I certainly do not know that Mr. Vallandigham has specifically and by direct language advised against enlistments and in favor of desertion and resistance to drafting.

We all know that combinations, armed in some instances, to resist the arrest of deserters began several months ago; that more recently the like has appeared in resistance to the enrolment preparatory to a draft; and that quite a number of assassinations have occurred from the same animus. These had to be met by military force, and this again has led to bloodshed and death. And now, under a sense of responsibility more weighty and enduring than any which is merely official, I solemnly declare my belief that this hindrance of the military, including maiming and murder, is due to the course in which Mr. Vallandigham has been engaged in a greater degree than to any other cause; and it is due to him personally in a greater degree than to any other one man.

These things have been notorious, known to all, and of course known to Mr. Vallandigham. Perhaps I would not be wrong to say they originated with his special friends and adherents. With perfect knowledge of them, he has frequently if not constantly made speeches in Congress and before popular assemblies; and if it can be shown that, with these things staring him in the face he has ever uttered a word of rebuke or counsel against them, it will be a fact greatly in his favor with me, and one of which as yet I am totally ignorant. When it is known that the whole burden of his speeches has been to stir up men against the prosecution of the war, and that in the midst of resistance to it he has not been known in any instance to counsel against such resistance, it is next to impossible to repel the inference that he has counseled directly in favor of it.

With all this before their eyes, the convention you represent have nominated Mr. Vallandigham for governor of Ohio, and both they and you have declared the purpose to sustain the national Union by all constitutional means. But of course they and you in common reserve to yourselves to decide what are constitutional means; and, unlike the Albany meeting, you omit to state or intimate that in your opinion an army is a constitutional means of saving the Union against a rebellion, or even to intimate that you are conscious of an existing rebellion being in progress with the avowed object of destroying that very Union. At the same time your nominee for governor, in whose behalf you appeal, is known to you and to the world to declare against the use of an army to suppress the rebellion. Your own attitude, therefore, encourages desertion, resistance to the draft, and the like, because it teaches those who incline to desert and to escape the draft to believe it is your purpose to protect them, and to hope that you will become strong enough to do so.

After a short personal intercourse with you, gentlemen of the committee, I cannot say I think you desire this effect to follow your attitude; but I assure your that both friends and enemies of the Union look upon it in this light. It is a substantial hope, and by consequence a real strength to the enemy. If it is a false hope, and one which you would willingly dispel, I will make the way exceedingly easy.

I send you duplicates of this letter in order that you, or a majority of you, may, if you choose, indorse your names upon one of them and return it thus indorsed to me with the understanding that those signing are thereby committed to the following propositions and to nothing else:

1. That there is now a rebellion in the United States, the object and tendency of which is to destroy the National Union; and that, in your opinion, an army and navy are constitutional means for suppressing that rebellion;

2. That no one of you will do anything which, in his own judgment, will tend to hinder the increase, or favor the decrease, or lessen the efficiency of the army or navy while engaged in the effort to suppress that rebellion; and

3. That each of you will, in his sphere, do all he can to have the officers, soldiers, and seamen of the army and navy, while engaged in the effort to suppress the rebellion, paid, fed, clad, and otherwise well provided for and supported.

And with the further understanding that upon receiving the letter and names thus indorsed, I will cause them to be published, which publication shall be, within itself, a revocation of the order in relation to Mr. Vallandigham. It will not escape observation that I consent to the release of Mr. Vallandigham upon terms not embracing any pledge from him or from others as to what he will or will not do. I do this because he is not present to speak for himself, or to authorize others to speak for him; and because I should expect that on his returning he would not put himself practically in antagonism with the position of his friends. But I do it chiefly because I thereby prevail on other influential gentlemen of Ohio to so define their position as to be of immense value to the army — thus more than compensating for the consequences of any mistake in allowing Mr. Vallandigham to return; so that, on the whole, the public safety will not have suffered by it. Still, in regard to Mr. Vallandigham and all others, I must hereafter, as heretofore, do so much as the public safety may seem to require.

I have the honor to be respectfully yours, etc.,

A. LINCOLN.

TELEGRAM TO GOVERNOR PARKER

EXECUTIVE MANSION, WASHINGTON, June 30, 1863. 10.55

GOVERNOR PARKER, Trenton, N.J.:

Your despatch of yesterday received. I really think the attitude of the enemy's army in Pennsylvania presents us the best opportunity we have had since the war began. I think you will not see the foe in New Jersey. I beg you to be assured that no one out of my position can know so well as if he were in it the difficulties and involvements of replacing General McClellan in command, and this aside from any imputations upon him.

Please accept my sincere thanks for what you have done and are doing to get troops forward.

A. LINCOLN.

TELEGRAM TO A. K. McCLURE

WAR DEPARTMENT, WASHINGTON CITY, June 30, 1863

A. K. McCLURE, Philadelphia:

Do we gain anything by opening one leak to stop another? Do we gain anything by quieting one merely to open another, and probably a larger one?

A. LINCOLN.

TELEGRAM TO GENERAL COUCH. [Cipher] WASHINGTON CITY, June 30, 1863. 3.23

P.M.

MAJOR-GENERAL COUCH, Harrisburg, Pa.:

I judge by absence of news that the enemy is not crossing or pressing up to the Susquehanna. Please tell me what you know of his movements.

A. LINCOLN

TO GENERAL D. HUNTER

EXECUTIVE MANSION, WASHINGTON, June 30, 1863

MAJOR-GENERAL HUNTER.

MY DEAR GENERAL: — I have just received your letter of the 25th of June.

I assure you, and you may feel authorized in stating, that the recent change of commanders in the Department of the South was made for no reasons which convey any imputation upon your known energy, efficiency, and patriotism; but for causes which seemed sufficient, while they were in no degree incompatible with the respect and esteem in which I have always held you as a man and an officer.

I cannot, by giving my consent to a publication of whose details I know nothing, assume the responsibility of whatever you may write. In this matter your own sense of military propriety must be your guide, and the regulations of the service your rule of conduct.

I am very truly your friend,

A. LINCOLN.

TELEGRAM TO GENERAL BURNSIDE

WAR DEPARTMENT, WASHINGTON, D. C., July 3, 1863

MAJOR-GENERAL BURNSIDE, Cincinnati, Ohio:

Private Downey, of the Twentieth or Twenty-sixth Kentucky Infantry, is said to have been sentenced to be shot for desertion to-day. If so, respite the execution until I can see the record.

A. LINCOLN.

REASSURING SON IN COLLEGE

TELEGRAM TO ROBERT T, LINCOLN

EXECUTIVE MANSION, WASHINGTON, July 3,1863.

ROBERT T. LINCOLN, Esq., Cambridge, Mass.:

Don't be uneasy. Your mother very slightly hurt by her fall.

A.L.

Please send at once.

ANNOUNCEMENT OF NEWS FROM GETTYSBURG

WASHINGTON,

July 4, 10.30 A.M.

The President announces to the country that news from the Army of the Potomac, up to 10 P.M. of the 3d, is such as to cover that army with the highest honor, to promise a great success to the cause of the Union, and to claim the condolence of all for the many gallant fallen; and that for this he especially desires that on this day He whose will, not ours, should ever be done be everywhere remembered and reverenced with profoundest gratitude.

A. LINCOLN.

TELEGRAM TO GENERAL FRENCH. [Cipher] WAR DEPARTMENT, WASHINGTON, D. C.,

July 5, 1863.

MAJOR-GENERAL FRENCH, Fredericktown, Md.:

I see your despatch about destruction of pontoons. Cannot the enemy ford the river?

A. LINCOLN.

CONTINUED FAILURE TO PURSUE ENEMY

TELEGRAM TO GENERAL H. W. HALLECK

SOLDIERS' HOME, WASHINGTON, JULY 6 1863.7 P.M., MAJOR-GENERAL HALLECK:

I left the telegraph office a good deal dissatisfied. You know I did not like the phrase — in Orders, No. 68, I believe — "Drive the invaders from our soil." Since that, I see a despatch from General French, saying the enemy is crossing his wounded over the river in flats, without saying why he does not stop it, or even intimating a thought that it ought to be stopped. Still later, another despatch from General Pleasonton, by direction of General Meade, to General French, stating that the main army is halted because it is believed the rebels are concentrating "on the road towards Hagerstown, beyond Fairfield," and is not to move until it is ascertained that the rebels intend to evacuate Cumberland Valley.

These things appear to me to be connected with a purpose to cover Baltimore and Washington and to get the enemy across the river again without a further collision, and they do not appear connected with a purpose to prevent his crossing and to destroy him. I do fear the former purpose is acted upon and the latter rejected.

If you are satisfied the latter purpose is entertained, and is judiciously pursued, I am content. If you are not so satisfied, please look to it.

Yours truly,

A. LINCOLN.

RESPONSE TO A SERENADE,

JULY 7, 1863

FELLOW-CITIZENS: — I am very glad indeed to see you to-night, 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 and were elected Presidents of the United States. Precisely fifty years 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; 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 were created equal, we have the surrender of a most powerful position and army on that very day. And not only so, but in the 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 run.

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.

SURRENDER OF VICKSBURG TO GENERAL GRANT

TELEGRAM FROM GENERAL HALLECK TO GENERAL G. C. MEADE

WASHINGTON, D.C., July 7, 1863.

MAJOR-GENERAL MEADE, Army of the Potomac:

I have received from the President the following note, which I respectfully communicate:

"We have certain information that Vicksburg surrendered to General Grant on the Fourth of July. Now if General Meade can complete his work, so gloriously prosecuted this far, by the literal or substantial destruction of Lee's army, the rebellion will be over.

"Yours truly,

"A. LINCOLN."

H. W. HALLECK. General-in-Chief.

TELEGRAM FROM GENERAL HALLECK TO GENERAL G. C. MEADE

WASHINGTON, D. C., July 8, 1863

MAJOR-GENERAL MEADE, Frederick, Md.:

There is reliable information that the enemy is crossing at Williamsport. The opportunity to attack his divided forces should not be lost. The President is urgent and anxious that your army should move against him by forced marches.

H. W. HALLECK, General-in-Chief

TELEGRAM TO GENERAL THOMAS

WAR DEPARTMENT, WASHINGTON, July 8, 1863.12.30 P.M

GENERAL LORENZO THOMAS, Harrisburg, Pa.:

Your despatch of this morning to the Secretary of War is before me. The forces you speak of will be of no imaginable service if they cannot go forward with a little more expedition. Lee is now passing the Potomac faster than the forces you mention are passing Carlisle. Forces now beyond Carlisle to be joined by regiments still at Harrisburg, and the united force again to join Pierce somewhere, and the whole to move down the Cumberland Valley, will in my unprofessional opinion be quite as likely to capture the "man in the moon" as any part of Lee's army.

A. LINCOLN.

NEWS OF GRANT'S CAPTURE OF VICKSBURG

TELEGRAM TO E. D. SMITH

WAR DEPARTMENT, WASHINGTON, D.C., July 8, 1863.

E. DELAFIELD SMITH, New York:

Your kind despatch in behalf of self and friends is gratefully received. Capture of Vicksburg confirmed by despatch from General Grant himself.

A. LINCOLN.

TELEGRAM TO F. F. LOWE

WAR DEPARTMENT, WASHINGTON, D.C., July 8, 1863

HON. F. F. LOWE, San Francisco, Cal.:

There is no doubt that General Meade, now commanding the Army of the Potomac, beat Lee at Gettysburg, Pa., at the end of a three days' battle, and that the latter is now crossing the Potomac at Williamsport over the swollen stream and with poor means of crossing, and closely pressed by Meade. We also have despatches rendering it entirely certain that Vicksburg surrendered to General Grant on the glorious old 4th.

A. LINCOLN.

TELEGRAM TO L. SWETT AND P. F. LOWE

[Cipher.]

WAR DEPARTMENT, WASHINGTON CITY, D.C., July 9, 1863.

HON. LEONARD SWETT, HON. F. F. LOWE, San Francisco, Cal.:

Consult together and do not have a riot, or great difficulty about delivering possession.

A. LINCOLN.

TELEGRAM TO J. K. DUBOIS

WASHINGTON, D.C., July 11,1863. 9 A.M

HON. J. K. DUBOIS, Springfield, Ill.:

It is certain that, after three days' fighting at Gettysburg, Lee withdrew and made for the Potomac, that he found the river so swollen as to prevent his crossing; that he is still this side, near Hagerstown and Williamsport, preparing to defend himself; and that Meade is close upon him, and preparing to attack him, heavy skirmishing having occurred nearly all day yesterday.

I am more than satisfied with what has happened north of the Potomac so far, and am anxious and hopeful for what is to come.

A. LINCOLN.

[Nothing came! Lee was allowed to escape again and the war went on for another two years. D.W.]

TELEGRAM TO GENERAL SCHENCK

[Cipher.]

WAR DEPARTMENT, WASHINGTON CITY, July 11, 1863.

MAJOR-GENERAL SCHENCK, Baltimore, Md.:

How many rebel prisoners captured within Maryland and Pennsylvania have reached Baltimore within this month of July?

A. LINCOLN.

TO GENERAL GRANT

EXECUTIVE MANSION, WASHINGTON, July 13, 1863

MAJOR-GENERAL GRANT: