Lincoln on Democracy

"I CANNOT ASSUMETHIS RECKLESS POSITION"

Lincoln and Union, 1861 227 I send it by a special messenger, in order that it may certainly and speedily reach you. Yours very truly "I CANNOT ASSUME THIS RECKLESS POSITION" Letter to Orville H. Browning [SEPTEMBER 22, 1861] A. LINCOLN A longtime ally of Lincoln in Illinois politics, Browning was named to fill Stephen A. Douglas's Senate seat afterDouglas's sudden death in 1861. He then disappointed Lincoln by siding with Fremont's Missouri initiatives . Lincoln's response focused not only on ''principle'' but on his fear that border slave states like Kentucky and Maryland might yetfollow the Southern states out ofthe Union ifprovoked. A month after writing this letter, Lincoln relieved Fremont ofcommand in the West. The "Hurlbut" mentioned in the last paragraph was widely rumored a drunkard; but he did not offer to resign for more than two years. Hon. O. H. Browning My dear Sir Private & confidential. Executive Mansion Washington Sept. 22d 1861. Yours of the 17th is just received; and coming from you, I confess it astonishes me. That you should object to my adhering to a law, which you had assisted in making, and presenting to me, less than a month before, is odd enough. But this is a very small part. Genl. Fremont's proclamation, as to confiscation of property, and the liberation of slaves, is purely political, and not within the range of military law, or necessity. If a commanding General finds a necessity to seize the farm 228 LINCOLN ON DEMOCRACY of a private owner, for a pasture, an encampment, or a fortification, he has the right to do so, and to so hold it, as long as the necessity lasts; and this is within military law, because within military necessity. But to say the farm shall no longer belong to the owner, or his heirs forever; and this as well when the farm is not needed for military purposes as when it is, is purely political, without the savor of military law about it. And the same is true of slaves. If the General needs them, he can seize them, and use them; but when the need is past, it is not for him to fix their permanent future condition. That must be settled according to laws made by law-makers, and not by military proclamations. The proclamation in the point in question, is simply "dictatorship." It assumes that the general may do anything he pleases-confiscate the lands and free the slaves ofloyal people, as well as ofdisloyal ones. And going the whole figure I have no doubt would be more popular with some thoughtless people, than that which has been done! But I cannot assume this reckless position; nor allow others to assume it on my responsibility. You speak of it as being the only means of saving the government. On the contrary it is itself the surrender of the government . Can it be pretended that it is any longer the government of the U.S.-any government of Constitution and laws,-wherein a General, or a President, may make permanent rules of property by proclamation ? I do not say Congress might not with propriety pass a law, on the point, just such as General Fremont proclaimed. I do not say I might not, as a member of Congress, vote for it. What I object to, is, that I as President, shall expressly or impliedly seize and exercise the permanent legislative functions of the government. So much as to principle. Now as to policy. No doubt the thing was popular in some quarters, and would have been more so if it had been a general declaration of emancipation. The Kentucky Legislature would not budge till that proclamation was modified; and Gen. [Robert ] Anderson [commander of Union forces in Kentucky-eds.] telegraphed me that on the news of Gen. Fremont having actually issued deeds ofmanumission, a whole company ofour Volunteers threw down their arms and disbanded. I was so assured, as to think it probable, that the very arms we had furnished Kentucky would be turned against us. I think to lose Kentucky is nearly the same as to lose the whole game. Kentucky gone, we can not hold Missouri, nor, as I think, Maryland. Lincoln and Union, 1861 229 These all against us, and the job on our hands is too large for us. We would as well consent to separation at once, including the...