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Lincoln and Liberty, 1862-1863 293 Hon. S. P. Chase. Executive Mansion, Washington, September 2. 1863. My dear Sir: Knowing your great anxiety that the emancipation proclamation shall now be applied to certain parts of Virginia and Louisiana which were exempted from it last January, I state briefly what appear to me to be difficulties in the way of such a step. The original proclamation has no constitutional or legal justification, except as a military measure. The exemptions were made because the military necessity did not apply to the exempted localities. Nor does that necessity apply to them now any more than it did then. If I take the step must I not do so, without the argument of military necessity, and so, without any argument, except the one that I think the measure politically expedient, and morally right? Would I not thus give up all footing upon constitution or law? Would I not thus be in the boundless field of absolutism? Could this pass unnoticed, or unresisted? Could it fail to be perceived that without any further stretch, I might do the same in Delaware, Maryland , Kentucky, Tennessee, and Missouri; and even change any law in any state? Would not many of our own friends shrink away appalled? Would it not lose us the elections, and with them, the very cause we seek to advance? "HAS THE MANHOOD OF OUR RACE RUN OUT?" From an Opinion on the Draft [SEPTEMBER 14, 1863?] Mobs in New York City greeted the beginning ofconscription by rampaging through the streets, settingfire to a Negro orphanage, and stoning the Tribune. Then some state andfederal courts began acting to interfere with the draft on legal grounds. Lincoln prepared this response to the crisis, 294 LINCOLN ON DEMOCRACY possibly for a speech he never gave. He did read it to his cabinet on September 15. It is at all times proper that misunderstanding between the public and the public servant should be avoided; and this is far more important now, than in times of peace and tranquility. I therefore address you without searching for a precedent upon which to do so. Some of you are sincerely devoted to the republican institutions, and territorial integrity of our country, and yet are opposed to what is called the draft, or conscription. . . . The republican institutions, and territorial integrity of our country can not be maintained without the further raising and supporting of armies. There can be no army without men. Men can be had only voluntarily, or involuntarily. We have ceased to obtain them voluntarily ; and to obtain them involuntarily, is the draft-the conscription. If you dispute the fact, and declare that men can still be had voluntarily in sufficient numbers prove the assertion by yourselves volunteering in such numbers, and I shall gladly give up the draft. Or if not a sufficient number, but anyone of you will volunteer, he for his single self, will escape all the horrors of the draft; and will thereby do only what each one of at least a million of his manly brethren have already done. Their toil and blood have been given as much for you as for themselves. Shall it all be lost rather than you too, will bear your part? I do not say that all who would avoid serving in the war, are unpatriotic ; but I do think every patriot should willingly take his chance under a law made with great care in order to secure entire fairness. This law was considered, discussed, modified, and amended, by congress, at great length, and with much labor; and was finally passed, by both branches, with a near approach to unanimity. At last, it may not be exactly such as anyone man out ofcongress, or even in congress, would have made it. It has been said, and I believe truly, that the constitution itself is not altogether such as anyone of it's framers would have preferred. It was the joint work of all; and certainly the better that it was so. [3.133.121.160] Project MUSE (2024-04-19 01:09 GMT) Lincoln and Liberty, 1862-1863 295 The principle of the draft, which simply is involuntary, or enforced service, is not new. It has been practiced in all ages of the world. It was well known to the framers of our constitution as one of the modes of raising armies, at the time they placed in that instrument the provision that "the congress shall have power to...

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