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president and war powers: lincoln and the civil war
activity - professional advice for a congressional hearing

Abraham Lincoln

FOURTH ANNUAL MESSAGE (Excerpts)

December 6, 1864

 

Fellow-Citizens of the Senate and House of Representatives,

Again the blessings of health and abundant harvests claim our profoundest gratitude to Almighty God.

On careful consideration of all the evidence accessible it seems to me that no attempt at negotiation with the insurgent leader could result in any good. What is true, however, of him who heads the insurgent cause is not necessarily true of those who follow. Although he cannot reaccept the Union, they can. Some of them, we know, already desire peace and reunion. The number of such may increase. They can at any moment, have peace simply by laying down their arms and submitting to the national authority under the Constitution. After so much the Government could not, if it would, maintain war against them. The loyal people would not sustain or allow it. If questions should remain, we would adjust them by the peaceful means of legislation, conference, courts, and votes, operating only in constitutional and lawful channels. Some certain, and other possible, questions are and would be beyond the Executive power to adjust; as for instance, the admission of members into Congress, and whatever might require the appropriation of money. The Executive power itself would be greatly diminished by the cessation of actual war. Pardons and remissions of forfeitures, however, would still be within Executive control. In what spirit and temper this control would be exercised can be fairly judged of by the past.

A year ago general pardon and amnesty, upon specified terms, were offered to all except certain designated classes; and it was at the same time made known that the excepted classes were still within contemplation of special clemency. During the year many availed themselves of the general provision. Thus practically the door has been for a full year open to all except such as were not in condition to make free choice, that is, such as were in custody or under constraint. It is still so open to all. But the time may come, probably will come, when public duty shall demand that it be closed and that in lieu more rigorous measures than heretofore shall be adopted.

In presenting the abandonment of armed resistance to the national authority on the part of the insurgents as the only indispensable conditions to ending the war on the part of the Government, I retract nothing heretofore said as to slavery. I repeat the declaration made a year ago, that "while I remain in my present position I shall not attempt to retract or modify the emancipation proclamation, nor shall I return to slavery any person who is free by the terms of that proclamation or by any of the acts of Congress.''…

In stating a single condition of peace I mean simply to say that the war will cease on the part of the Government whenever it shall have ceased on the part of those who began it.


 
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