twenty millions of the white race to assert the rightful
authority of the Constitution and laws of their country
over those who refuse to obey them. But I do see
that this proclamation” (emancipating the Southern
slaves) “asserts the power of the Executive
to make such a decree! I do not perceive how it
is that my neighbors and myself, residing remote from
armies and their operations, and where all the laws
of the land may be enforced by constitutional means,
should be subjected to the possibility of arrest and
imprisonment and trial before a military commission,
and punishment at its discretion, for offences unknown
to the law—a possibility to be converted
into a fact at the mere will of the President, or
of some subordinate officer, clothed by him with this
power. But I do perceive that this Executive power
is asserted.... It must be obvious to the meanest
capacity that, if the President of the United States
has an
implied constitutional right, as Commander-in-Chief
of the Army and Navy, in time of war, to disregard
any one positive prohibition of the Constitution, or
to exercise any one power not delegated to the United
States by the Constitution, because in his judgment
he may thereby ‘best subdue the enemy,’
he has the same right, for the same reason, to disregard
each and every provision of the Constitution, and
to exercise all power
needful in his opinion
to enable him ‘best to subdue the enemy.’
... The time has certainly come when the people
of the United States
must understand and
must
apply those great rules of civil liberty which have
been arrived at by the self-devoted efforts of thought
and action of their ancestors during seven hundred
years of struggle against arbitrary power.”
So far had reached the thunder of Lee’s guns
at Chancellorsville. Their roar seemed to have
awakened throughout the entire North the great party
hitherto lulled to slumber by the plea of “military
necessity,” or paralyzed by the very extent of
the Executive usurpation which they saw, but had not
had heart to oppose. On all sides the advocates
of peace on the basis of separation were heard raising
their importunate voices; and in the North the hearts
of the people began to thrill with the anticipation
of a speedy termination of the bloody and exhausting
struggle. The occasion was embraced by Mr. Stephens,
Vice-President of the Confederate States, to propose
negotiations. This able gentleman wrote from Georgia
on the 12th of June to President Davis, offering to
go to Washington and sound the authorities there on
the subject of peace. He believed that the moment
was propitious, and wished to act before further military
movements were undertaken—especially before
any further projects of invasion by Lee—which
would tend, he thought, to silence the peace party
at the North, and again arouse the war spirit.
The letter of Mr. Stephens was written on the 12th
of June, and President Davis responded by telegraph
a few days afterward, requesting Mr. Stephens to come
to Richmond. He reached that city on the 22d
or 23d of June, but by that time Lee’s vanguard
was entering Maryland, and Gettysburg speedily followed,
which terminated all hopes of peace.