The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-06-09
The Alleged UneonstituttoHal Acts o
Prestden Lincoln.


President Lincoln.
Notwithstanding the general unanimity of
popular sentiment, in the loyal States Of the
Union, during the last six weeks and the de-
termination of good and patriotic citizens to
susi ain the government, in its vigorous efforts
to put down instruction, there have not been
wanting cavillers, foremost of whom must be
ranked Judge fancy, who, with shortsighted
views of the future, or an inexpicable obliquity
of vision concerning the cxigencies Of the hour,
| have shown themselves ready 10 ceRsure rs
unconstitutional, many acts of the administra-
| ton, but for which the national capital would
ere this, have passed into the hands OF Joflcr-
son Davis and his secessionist associates. The
proclamation Of the 18th Of April, and the subse
quent requisitions Of troops from the States;
the blockade of the Southern coast; the seizure
of telegraphic dispatches; the suspension, in
Missouri and Maryland, of the privilege Of the
writ Of habeas corpus: the declaration of mar
tial law in the District of Columbia, aud parts
of Virginia have all wanted the sanction of
Congress, and have, therefore, been denounced
as despotic acts, worthy of an autocratic
dictator. These accusations have had some
shadow Of FEASIBILITY to sustain them, when
compared with the experience of the past his
tory of the republic, and the two latter have
elected an elaborate attack from the venerable
Chief Justice Of the United States, which
would be calculated to mislead many, if it
did not wilfully ignore every important cir
cumstance OF the case. Novel circumstances
hoya in 70 cd fOr nd
new application has been found of the cid
! truth, that no get Of men, however wise, can
leg;slate infallibly, for an unforeseen state Of
things hidden in the bosom of the future.
Such an instruction as has suddenly started
into existence, since the election, in November
last, of Mr.. Lincoln to the Presidency, could
not enter into the calculations of, and was not
provided for, by the trainers of our national
constitution. That instrument bestows autho-
rity upon the Executive to exercise every one
| Of the prerogaives said to have been usurped
with the permission of Congress but even
| Judge fancy does not pretend that the neces.
| sty of assuming them, in so bitter an emergency
as has recently arisen, without that permission,
| was ever contemplated. The law of self.
| preservation, is, an abundant justification,
| for what President Lincoln aud his advisers
have done. Had the government, at Washing
ton, wayered for an instant in its course, we
should be, now, without any Legitimate govern
ment, very probably In state of anarchy, or
under the rule Of a military despotism. Seces-
sionist invaders would have swept over the
District of Columbia and Maryland, with the
suddenness of tropical hurricane, and the
mischief to the country would have been ire
mediable, Paris alone, with its periodical out
breaks, can afford parallel, in its his
| tory, to what would have been witness
| ed, had the advice of General Scott not
| been followed, and an instant remedy applied
to an evil which happened while Congress was
not in session, and when weeks must have
elapsed before aid could have been procured
! through its mediation. II was sufficient to feel
assured that the patriotism of Congress could
be relied on, and that, as soon as it could be
convened, it would pass indemnity acts to
provide for all apparent informaitics and vio-
lations of law.
Hitherto, the United States haye had no con-
fiicts, excepting with foreign enemies. The
struggle for independence, in l77G; the war
Of 1872; and that with Mexico, are The only
saHguinary periods in our history The
strength of the national constitution. has never
before passed through any severe ordeal, from
domestic opposition. No ordeal, similar to those
which, in their turns, Rome, England and
France have been compelled TO undergo, has,
until now, preseptsd itself. II has como, 1t