Evening star., 1944-07-23
Capital Sidelights
BIZ Will P. Kennedu.


While President Roosevelt during his
three terms in the White House has
exercised through emergency powers
delegated by Congress and by "execu-
tive orders" more extensive control OF
the Government than any of his prede-
cessors, 1t must be remembered that
President Lincoln in 1861 assumed and
exercised the war powers of Congress
dictatorially and that President Wood
row Wilson set the example in First
World War days that President Roose-
welt has been following.
Representative Louis Ludlow OF IN
diana has resolution pending for the
restoration Of government within recog-
nized constitutional bounds" He en-
phasizes that "the number of alpha
betical bureaucratic agencies-set up
not by Laws of Congress but by execu-
tive orders-has outgrown the number
OF regular departments of Government
10 to /" and that "in the last 10 years
the number of executive orders, which
nave the effect of law, has almost
equaled the number OF laws passed by
Congress"
Lincolns usurpation OF dictatorial
powers was a patriotic necessity, ac-
corolng to Senate document on The
Military Policy of the United States"
prepared by Maj. Gen. Emory Upton
U. S. A., one Of the most brilliant SOL
dlers OF his day. Tribute to this offIcer
and his study of military policy was
paid by Elihu Root, then Secretary of
War, at the laying of the cornerstone
OF the Army War College February 2l,
1903, during the presidency of the other
Roosevelt. Cen. Upton, graduated from
west Point In 1850 commanded sue
cessively battery of artillery, a regi-
ment of infantry, a brigade of infan-
Try, brigade OF artillery and a division
OF cavalry in the Civil War. On the
recommendation Of Gen. w. T. sher-
man, who then commanded the Ameri-
can armies. Gen. Upton was sent on a.
tour around the world u875-1877) with
two associate off1cers-Gen. joseph p
Sanger and Gen. George A. Forsyth
TO study the armies of Europe and Asia
His report, written at Fort Monroe in
1880, lay unpublished in the archives
OF the War Department for more than q
quarter OF century-although his
recommendations now have been adopt
ed as military policy.
Gen. Upton, pointed out that when
Lincoln acted, "the Capital was in A
state OF siege, and for the third time in
our history appeared doomed to fail
into the hands of its enemies" To
avert such calamity, the President, bv
proclamation on May 3, 1861, decreed
That the Regular Army should be in
creased by 22.7l4 officers and men. the
navy by $4,000 seamen, and called for q
force of 1884 volunteers-an appre-
gate increase of 81, 748 officers and men
IN the fighting forces. mo usurpation
could have been more complete" Gen.
upton wrote. AN emergency had arisen.
the militia was disorganized. Congress-
mad neglected the national defense tho
military preparation of the INSURGENTS
threatened the speedy overthrow of the
Government In every similar crisis his
tory teaches that the fate of a nation
may depend on the patriotic, or selfish.
actlon OF single individual. Twice
when the Capital was in danger Con-
eress had conferred dictatorial powers
on Washington. In situation scarcely
less appalling, the President, who had
sworn to protect and defend the Con-
stltution. saw but one method to save
the Union, and fearlessly adopted it, his
act was everywhere received with m.
approval and gratitude of a patriotic
people"
Lincoln also had taken millions of I'm
appropriated money from the Treasury
directed the blockade of Southern norris
and suspension Of the writ of habeas
corpus and issued the Emancipation
PROCLAMATION. The Congress met in ex-
traorolnary session in July and lepalized
MS action. His supporters did not con-
ceal or deny that Lincoln's acts were in
violation OF the Constitution. Senator
John Sherman of Ohio, In yindication ~
the President, said: II am going to vote
upon the assumption that these acts
were illegal. I approve of doing them
am willing to make them as legal and
valid as If they had the previous ex-
press sanction of Congress. admir-.
them the more because he did not hest
tate to save the Republic, although the
act OF saving it might be attended bv
personal risk to himself" Senator James
r. Lane OF Kansas, still more emphatic
said: I sanction and approve everythinr
the President has done during the re-
cess OF Congress, and the people sanction
ana approve it-and there is no power
this side of heaven that can reverse the
decision of the American people" When
the House passed a resolution on April
81, 1852, censuring the official acts Of
the late Secretary of War, Simon Cam
eron, Lincoln, pasnanimous as he was
patriotic, sent to both houses of Con.
gress message assuming the entire re-
sponsibility.