Warming to the discussion, he used
pretty strong language, to the effect that, if authority intrusted to
other departments could thus "be usurped by the military power at its
discretion, the people ... are no longer living under a government of
laws; but every citizen holds life, liberty, and property at the will
and pleasure of the army officer in whose military district he may
happen to be found." It was unfortunate that the country should hear
such phrases launched by the chief justice against the President, or at
least against acts done under orders of the President. Direct retort was
of course impossible, and the dispute was in abeyance for a short
time.[145] But the predilections of the judicial hero of the Dred Scott
decision were such as to give rise to grave doubts as to whether or not
the Union could be saved by any process which would not often run
counter to his ideas of the law; therefore in this matter the President
continued to exercise the useful and probably essential power, though
taking care, for the future, to have somewhat more regard for form.
Thus, on May 10, instead of simply writing a letter, he issued through
the State Department a proclamation authorizing the Federal commander on
the Florida coast, "if he shall find it necessary, to suspend there the
writ of habeas corpus."
In due time the assembling of Congress gave Mr. Lincoln the opportunity
to present his side of the case.
Pages:
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307
308