Abraham Lincoln - American Memory

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38 his great decision in. the case of McCulloch vs. State of Maryland, Bays: "The powers given to the government imply the ordinary means of execution, and the "-overnment, in all sound reason and fair interpretation, must have the choice of the means which it deems the most convenient and appropriate to the execution of the power. * * * The powers of the government were given for the welfare of the nation; they were intended to endure for ages to come, and to be adapted to the various crises in human affairs. To prescribe the specific means by which government should, in all future time, execute its power, and to confine the choice of means to such narrow limits as should not leave it in the power of Congress to adopt any which might be appropriate and conducive to the end, would be most unwise and pernicious."—(4 Wheaton, 420.) Words fitly spoken ! which illustrated at the time of their utterance the wisdom of the Constitution in providing this general giant of power to meet every possible exigency which the fortunes of war might cast upon the country, and the wisdom of which words, in turn, has been illustrated to-day by the gigantic and triumphant struggle of the people during the last four years for the supremacy of the Constitution, and in exact accordance with its provisions. In the light of these wonderful events, the words of Pinckney, uttered when the illustrious Chief Justice had concluded this opinion, "The Constitution of my country is immortal!" seem to have become words of prophecy. Has not this great tribunal, through the chief of all its judges, by this luminous and profound reasoning, declared that the government may by law authorize the Executive to employ, in the prosecution of war, the ordinary means, and all the means necessary and adapted to the end? And in the other decision, before re- ferred to, in the 8th of Cranch, arising during the late war with Great Britain, Mr. Justice Story said : " When the legislative authority, to whom the right to declare war is confided, has declared war in its most unlimited manner, the executive authority, to whom the execution of the war is confided, is bound to carry it into effect. He has a discretion vested iu him as to the manner and extent, but he cannot lawfully transcend the rules of warfare established among civilized nations. He cannot lawfully exercise powers or authorize proceedings which the civilized world repudiates and disclaims. The sovereignty, as to declaring war and limiting its effects, rests with the legislature. The sovereignty as to its execution reen with the President"—(Brown vs. United States, 8 Cranch, 153.) lias the Congress, to whom is committed the sovereignty of the whole people to declare war, by legislation restricted the President, •M i II lam ••111 ••
39 or attempted to restrict him, in the prosecution of this war for the Union, from exercising all the "powers" and adopting all the "proceedings" usually approved and employed by the civilized world? He would, in my judgment, be a bold man who asserted that Con- gress has so legislated; and the Congress which should by law fetter the executive arm when raised for the common defence would, in my opinion, be false to their oath. That Congress may prescribe rules for the government of the army and navy and the militia when in actual service, by articles of war, is an express grant of power in the Constitution, which Congress has rightfully exercised, and which the Executive must and does obey. That Congress may aid the Executive by legislation in the prosecution of a war, civil or foreign, is admitted. That Congress may restrain the Executive, and arraign, try, and condemn him for wantonly abusing the great trust, is ex- pressly declared in the Constitution. That Congress shall pass all laws NECESSARY to enable the Executive to execute the laws of the Union, suppress insurrection, and repel invasion, is one of the express requirements of the Constitution, for the performance of which the Congress is bound by an oath. What was the legislation of Congress when treason fired its first gun on Sumter? By the act of 1795 it is provided that whenever the laws of the United States shall be opposed, or the execution thereof obstructed, in any State, by combinations too powerful to be suppressed by the ordinary course of judicial proceeding or by the powers vested in the marshals, it shall be lawful by this act for the President to call forth the militia of such State, or of any other State or States, as may be necessary to suppress such combinations and to cause the laws to be executed. (1st Statutes at Large, 424.) By the act of 1807 it is provided that in case of insurrection or obstruction to the laws, either of the United States or of any individual State or Terri- tory, whereitis lawful for the President of theUnited States to call forth themilitia for the purpose of suppressing such insurrection or of caus- ing the laws to be duly executed, it shall be lawful for him to employ for such purpose such part of the land or naval forces of the United States as shall be judged necessary. (2d Statutes at Large, 443.) Can any one doubt that by these acts the President is clothed with full power to determine whether armed insurrection exists in any State or Territory of the Union ; and if so, to make war upon it with all the force he may deem necessary or be able to command ? By the simple exercise of this great power it necessarily results that he may, in the prosecution of the war for the suppression of such insurrec-
Page 1: TRIAL OF THE CONSPIRATORS FOR THE A
Page 4 and 5: The crime charged and specified upo
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Page 8 and 9: 8 President a mere nullity, a usurp
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Page 12 and 13: 12 Ml objected to the same stern ju
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92 and unimpeachable witnesses who
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9 96 previous to the assassination,
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108 House, and left his card, now i
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118 '18th of April, when he said th
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Abraham Lincoln - American Memory

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