File:Abraham Lincoln - a history (1914) (14583608658).jpg

Identifier: abrahamlincol07nico (find matches)
Title: Abraham Lincoln : a history
Year: 1914 (1910s)
Authors: Nicolay, John G. (John George), 1832-1901 Hay, John, 1838-1905, joint author
Subjects: Lincoln, Abraham, 1809-1865 Presidents
Publisher: New York : Century Co.
Contributing Library: Lincoln Financial Foundation Collection
Digitizing Sponsor: The Institute of Museum and Library Services through an Indiana State Library LSTA Grant

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point of his decision wasthis: General Burnside, by order of the President,had been appointed to the military supervision ofthe Department of the Ohio, including, among otherStates, the State of Ohio. The precise extent of hisauthority was not known to the court, but it mightproperly be assumed that the President had clothedhim with all the powers necessary to the efficientdischarge of his duties. It is not claimed that intime of war the President is above the Constitu-tion. He derives his power, on the contrary,expressly from the provision of that instrumentthat he shall be Commander-in-Chief of the armyand navy. The Constitution does not specify thepowers he may rightfully exercise in this character,nor are they denned by legislation. No one denies,however, that the President, in his character, isinvested with very high powers, which he has ex-ercised, as Commander-in-Chief, from time to timeduring the present rebellion. His acts in thiscapacity must be limited to such as are deemed
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GKNKRAL ROBERT C. SCHENCK. VALLANDIGHAM 337 essential to the protection and preservation of the chap. xii.Government and the Constitution. And in deciding what he may rightfully do under this power,where there is no express legislative declaration,the President is guided solely by his own judgment,and is amenable only for an abuse of his authorityby impeachment. The occasion which calls forthe exercise of this power exists only from thenecessity of the case; and when the necessity existsthere is a clear justification of the act. The judgeconcludes that if this view of the power of thePresident is correct, it implies the right to arrestpersons who, by their mischievous acts of disloy-alty, impede or endanger the military operationsof the Government. He continued: And if the necessity exists, I see no reason why thepower does not attach to the officer or general in com-mand of a military department. The only reason whythe appointment is made is, that the President cannot dis-charge the

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