Lincoln on Democracy

"PUBLIC SAFETY DOES REQUIRETHE SUSPENSION"

Lincoln and Liberty, 1862-1863 "PUBLIC SAFETY DOES REQUIRE THE SUSPENSION" From a Letter to Albany, New York, Democrats [JUNE 12, 1863] 277 In May, the army arrestedformer Ohio congressman Clement L. Vallandigham , a leader of the so-called Copperheads-northern Democrats who opposed the war and sympathized with the South. His seizure unleashed angry protests from fellow Democrats throughout the country, including one group from New York's capital city, Albany. Lincoln's detailed reply suggested that without his tough action against Copperheads, the rebellion might succeed. Historian James G. Randall called this "one of those dignified, carefully worded statements addressed to a person or occasion, but intended as a kind of state paper." Indeed, it was quickly published in the press. Lincoln also read it to his cabinet, with Gideon Welles responding that it had "vigor and ability. " But Erastus Corning, to whom it was addressed, found it "misty and clouded, "a "monstrous heresy, " and "a plea for absolute power." The following excerpts are from Lincoln's handwritten draft. Hon. Erastus Corning & others Executive Mansion Washington [June 12] 1863. Gentlemen Your letter of May 19th. inclosing the resolutions of a public meeting held at Albany, N.Y. on the 16th. of the same month, was received several days ago. . . . Prior to my instalation here it had been inculcated that any State had a lawful right to secede from the national Union; and that it would be expedient to exercise the right, whenever the devotees ofthe doctrine should fail to elect a President to their own liking. I was elected contrary to their liking; and accordingly, so far as it was legally possible, they had taken seven states out of the Union, had seized many of the United States Forts, and had fired upon the United States' Flag, all before I was inaugerated; and, of course, before I had done any official act whatever. The rebellion, thus began soon ran into the present civil 278 LINCOLN ON DEMOCRACY war; and, in certain respects, it began on very unequal terms between the parties. The insurgents had been preparing for it more than thirty years, while the government had taken no steps to resist them. The former had carefully considered all the means which could be turned to their account. It undoubtedly was a well pondered reliance with them that in their own unrestricted effort to destroy Union, constitution , and law, all together, the government would, in great degree, be restrained by the same constitution and law, from arresting their progress . Their sympathizers pervaded all departments of the government, and nearly all communities of the people. From this material, under cover of "Liberty of speech" "Liberty of the press" and ''Habeas corpus " they hoped to keep on foot amongst us a most efficient corps of spies, informers, supplyers, and aiders and abettors of their cause in a thousand ways. They knew that in times such as they were inaugerating , by the constitution itself, the "Habeas corpus" might be suspended; but they also knew they had friends who would make a question as to who was to suspend it; meanwhile their spies and others might remain at large to help on their cause. Or if, as has happened, the executive should suspend the writ, without ruinous waste of time, instances of arresting innocent persons might occur, as are always likely to occur in such cases; and then a clamor could be raised in regard to this, which might be, at least, of some service to the insurgent cause. It needed no very keen perception to discover this part of the enemies' programme, so soon as by open hostilities their machinery was fairly put in motion. Yet, thoroughly imbued with a reverence for the guaranteed rights of individuals, I was slow to adopt the strong measures, which by degrees I have been forced to regard as being within the exceptions of the constitution, and as indispensable to the public Safety. Nothing is better known to history than that courts ofjustice are utterly incompetent to such cases. Civil courts are organized chiefly for trials of individuals, or, at most, a few individuals acting in concert; and this in quiet times, and on charges ofcrimes well defined in the law. Even in times ofpeace, bands of horse-thieves and robbers frequently grow too numerous and powerful for the ordinary courts of justice. But what comparison, in numbers, have such bands ever borne to the insurgent sympathizers even in many of the loyal states? Again, a...