The Washington times., 1917-05-22
Two War Presidents

70 history as war Presidents VIII De
Abraham Lincoln and Woodrow VIII
son. It is interesting to note the
presidents that President Wilson
has in the acts of President Lincoln
for the practically autocratic power
in time of war which the Consti-
tuition eonfers upon the President in
Article 2, Section 2: "The President
shall be commander-in-chief of the
army and navy Of the United States,
and of the militia of the several
States, when called into the actual
service of the United States"
The incidents are cited in a re-
cent article in the New Republic, by
William A. Dunning. =
After Fort Sumter was fired up
on and the civil war had actually be-
gun, Lincoln called out the militia
for three months, which was within
his power according to existing law.
He Immediately followed this by 60
ing beyond existing law and ordered
the enlistment of forty regiments of
three-year volunteers and ten regi-
ments of regulars. On April Is,
1861, he called for Congress to meet
on July following, in the meantime
assuming entire control of the prose-
cution Of the war.
1t is pertinent to note also that
President Lincoln, through Secretary
of War Stanton, seized and COM
mitted to custody numerous persons
suspected of disloyalty. When wzits
OF habeas corpus were procured,
Lincoln ordered his commanders to
deny the privilege Of the writs.
Charges were made against these Of
tenders on allegations or even on sus-
picion that they were giving assist
ance to the Confederacy.
In 1862 the emancipation procla-
nation was issued as a war measure
by the authority Of the commander
in-chief, and CONSUMPTION acts fol-
lowed. In September, 1852, Presi-
dent Lincoln issued a proclamation
making subject to martial law call
persons discouraging volunteer en-
listments, resisting military drafts,
or guilty Of any disloyal practice af-
fording aid and comfort to rebels"
These persons were tried by military
commission or court-martial and all
persons arrested by military author
fly were held as not possessing the
privilege Of the writ Of habeas
corpus.
When Vallandigham was cam
paigning as the Democratic candi-
date for governor of Ohio, he was ar
rested by General Burnside for ex-
pressions in one of his speeches, con-
victed by military commission, and
by order Of the President was sent
through the lines into the Confeder-
aey. Burnside suppressed the Chi
eago Times, though Lincoln revoked
this order. but later, in May, 1854,
the New York Journal of Commerce
and the New York World published,
innocently, faxed dispatch purport-
ing to represent a call by the Presi-
dent for more troops, and the editors
of both publications were arrested
and tried by q military commission.
Such acts of the Chief Executive
were without reference to any laws
that Congress had passed.
The precedents Of Lincoln's time
are pertinent as showing that if Con-
gress fails to grant authority to the
President in what are called the war
measures, there is a large and in
dehnable area of authority granted
in the Constitution to the comman-
der-in-chief of the army and navy
that will undoubtedly be drawn upon
for the safety Of the nation in the
prosecution Of the war. We may
quarrel with the conclusion as we
please and Congress may daily in
weigh against the assertion of Execu-
tive power, but the fathers who
framed the Constitution, while Civ
ing Congress the right to declare
war, evidently recognized that Con-
gress could not conduct a war, and
gave the President his great war
mowers i