Trial of Abraham Lincoln by the great statesmen of the republic


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Trial of Abraham Lincoln by the great statesmen of the republic a council of the past on the tyranny of the present : the spirit of the Constitution of the bench--Abraham Lincoln, prisoner at the bar, his own counsel
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Alfred Whital Stern Collection of Lincolniana (Library of Congress)
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Politics and government -- United States -- 1861-1865   ( lcsh )
bibliography   ( marcgt )
individual biography   ( marcgt )
non-fiction   ( marcgt )


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University of Florida
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Full Text




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The Spirit of the Constitution on the BeanlhLAbraham Lincoln,
Prisoner at the Bar, his own Counsel.

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The Spirit of the Constitution on the Bench-Abraham Lincoln,
Prisoner at the Iar, his own Counsel.


OrrFCr or To C MNIrnIPoLir,tN RECORD, No. 419 BROAW.AY.

PB S. 1

1* 1 *




It. wNqs reported some fedw weeks since that the
present unworthy successor of Washington, the
Abolition President, Abraham Lincoln, had be-
come ia convert t6 spiritualism, and that he had re-
cently heid a conversation in the White House with
the departed' spirits of certain great men of the
Revolution, with whose opinions upon the 'ultiminate
issue of the war he desired to make himself ac-
quainted. The particulars of that spiritualistic
confab have not beeii published, nor have we been
informed of the result' of its deliberations." We
hope, however,' that the great. rail-splitter was
satisfied with the interview.
Since then, it was the good frA-une~ f the Editor
of the RECORD to have b1,eenpresenft at a moA re-

markable trial that took place not many nights ago
in the principal apartment of the Presidential man-
sion at Washington. It is unnecessary that we
should explain to oulr reladeP, how we managed to
be present on that occasion. It is sufficient to
know that we were there and that while there we
were witness to a scene that will remain indelibly
impressed'upon our memory. The spacious apart-
ment had been converted into a grand court-room,
and preparations were being made for a trial of
more than ordinary importance.
On looking around the, court we beheld a num-
her of di.-S'tinguisheld historical characters; men
whose faces were rendered familiar from the por-
traits which we had seen in books and elsewhere.
Prominent, among them was one countenance,
which no man having once seen could ever fori'gt.
It was that of George Washington, the father of
the Amiericain Union, who was surrounded by the
great statesmen of the Revolutiion and.,by others of
a still later datt. Never before in the history of
the world had such an august council ever assem-
bled. What could, have brought them together at
such a time, and in such a place? ,They had as-
sembled for the trial of the ,present incumbent of
the Presidential chain on charges of the gravest


and most serious character. IThese charges .were
num'eroIus, and' were brought, out'iinr the course of
the examination, which was conducted before the
Spirit of the Constitution, who occupied the bench
Sof Justice. '"Imedliately con fronting the august
assemblage was the figure of a man whose lip a-
me1nts have become painfully familiar to the people.
Tlis figure was the representation of Abraham, Lin-
coln, and from the expression ,of cpJscious guilt
visible upon his countenanie, it was evident that
he occupied the position of the criminal at. the bar.
He was allowed the, services of a. counsel to con-
Aduct his. defense, :but on intimating his desire to
not as his own counsel he was granted that priv-

The Spirit of the Constitution announced that
the trial of the culprit would now proceed, where-
upon.the venerable formof the Father of his Coun-
try arose in the midst of the spirits of the, great
men by whom .he was surrounded, .and proceeded
to read the following indictment, against his j last
and ino t unworthy successor.
Abraham Lincoln. is herein -hrged,.with trea-
sonable intent, purposes,, and Jdsigns,; in having
committed the following .unconstitutioial..acts in
the course of his administration ,

1. In having declared war against independent and sov-
ereign States under the pretence of repossesing himselfof
er tain forts and other property seized arid held by said
2. In having arrested citizens of the United States, and
incarcerated them in Governrment bastiles, without process
of law.
3. In having suippressed the liberty of speech, thereby
'denying to the citizen the Constitutional right of criticiz-
ing the acts of his Administration.
4. In having prohibited and stopped the publication 'of
certain newspapers for the exercise of the same right re
ferred to in the preceding charge.
5. In having placed the military above the civil power,
as shown in the establishment of martial law oer portions
of the country which were not embraced within the theatre
of war.
6. In overthrowing State sovereignty, as in the case of
Virginia, the in tegrity of which was violated by the erec-
tion of the so-called State of Kanawha within its limits.
7. In having approved, indorsed, and partially carried
into execution the unconstitutional act of known
as the Confiscation Bill.
8. In having approved of the infamous law known as
the Conrcription Act, which was not only subversive of
the Constitution, but violative of State sovereignty.
9i .,9n Ihaving attempted to carry into execution the Eman-
cipation Act, thereby violating the most sacred guarantees
of the Constitution.

(The indictment embraced a great many other charges,
but those we have enumerated were the most important.).
After the reading of the foregoing, the Spirit of the Con-.
stitution, officiating as Supreme Judge in the case, notified
the prisoner that the Court was prepared to hear his de-
fense, whereupon the prisoner, Abraham Lincoln, arose
and addressed the Court.
We should remark, however, that at various points in
nhe course of his defense he was freiiu'?ntly interrupted by
some one of the many great statesmen who had assembled
tio witness and take part in the trial.

The following is a verbatim report of the proceedings:

ABRAHAM LINCOLN.-I have been accused of violating
the Constitution ; but if I have done so,'it has been from
the sole and earnest'desire to restore the Union.'

STEPHEN A. DOUGLAS.-I don't understand how a man
can claim to be a friend of the Union, and yet be in favor
of war upon ten millions of people in the Union. You can
not cover it up mirich longer under the pretext of love tbr
the Union. War is disunion, certain, inevitable, final, and
irrepressible. Peace is the ohly policy that can save the

ABRAHAM LINCOr.N.-It was this desire to preserve the

Douglas' last speech in the United State Senrate.

integrity of the Republic that rendered it. a matter of ab-
solute necessity, to put a,the assaults that were be-
.jg pade. upn the Goyernmrent tby certain parties wyhorn I
.qgparded as friendly to, the reb ,s.

PANiEL WEpS ;R.,-rFr c ,speech i;ra.,ho1~m-)red right,,a
fireside privilege. It. Las ever been.,enjoyed in every,h.ouse,
cottage, and cabin in the. nation. It is not to be ,d(awn
into controversy. It isas undoubted as the right.of..biea_,h-
ing. the air,and ,wplkiug on , It is a right to, be
maintained in peace and in war ..Jt is,a right which, %u
not be invaded without destroying constitutional liberty.
Hence this right., should be ,guarded and protected by the
freemen of this country with a jealous care unless they are
Prrparedjfor chains and ,pana'.cl. .

ABRAHAiM, Lo4 LN.-The great causee of all our trouble
is slavery, and we can never 'expect to have peace until
that institution, is abolished. ,
r i ,
HENRY CLAy.--Abolitionism JWith Pabolitinists (She
rights of property are,nothing ; the,de,fcieicy pf.fhppr3
.of the general government is nothing i; tq, acknoy lydged
and incontestable, powersof the,enothi,g ; a,'sso-.
lution of the Union and the overthrow of a
which are concentrated the hopes of the civilized world are
nothing a single idea has taken possession of their rinds,
1 0 1 C5 .. ... ,

t Great oration of Daniel Webster on free speech in 1814.

and onward they pursue,.it, overlooking all barriers, seck-
.less gad regardless of all consequences.*

ABRAHAM LINCOLN.-Tf every man was allowed to ex-
press his opinions the prosecution of thd war for the Union
would'be impossible. The government is obliged to have
recourse to such measures if it would preserve its own ex-

JoHN HANCOCK.-It is to the last degree'vicious and in-
famous to attempt to support a goveran0'erit which mani-
festly tends to render the persons and property of' fhe
governed insecure. Somoboastof being friends to govern-
rent ; I am a.friend to righteous govern1iheit,' to n gov-
ei-nmefit wounded ipon tHl principles of reason and juttiee.;
but I glory in publicly avowing my eternal enmity to
tyranny.t .

ABRAHAM LINCOLN.-I found it necessary to suspend the
operation of porti'ns of the Constitution the belter to en-
able me to carry on the war without embarrassment. I
tliought that the people would be willing to relinquish some
of their constitutional rights for a' time if their liberties
could thereby be preservedd in' the future. ,

Speech of Henry Clay against the insidious policy of the abolitionists.
t From the speech or John Hancok, delivered at Bolon in 1774, on the
occasion or the celebration Of the 'anniversary of the Boston masmsare of

PATRICK HENRY.-Is the relinquishment of the trial by
jury and the liberty of the press necessary for your liberty ?
Will the abandonment of the most sacred rights tend to
the security of your liberty ? Liberty, the greatest of all
earthly blessings! give us that precious jewel, and you may
take every thing else. The first thing I have at heart is
American liberty ; the second thing is American union.*

ABRAHAM LTNCOLN.-I endeavored io get along in the
prosecution of the war for the Union, but finding that the
Constitution interfered with it, I was obliged, as a military
necessity, to suspend its action.

GOUVERNEUB MORRIS.-I love the Constitution, and I
love it because I consider it as the bond of our Union ; be-'
cause in my soul I believe that on it depends our harmony
and our peace ; that, without it, we should soon be plunged
in all the horrors of civil war; that this country would be
delugedwith the blood of its inhabitants, and a brother's
hand raised against the bosom of a brother.t

ABRAHAd LINCOLN.-What was I to do in the midst of
civil war? I found my hands tied by the checks of the
Constitution, and I was forced to disregard them. I could
uot rely altogether upon the people.

Speech of Patrick Henry on the Federal Constitution.
f Speech of Gouverneur Morris in Ihe United States Senate on the 14th of
January, I'02, on an act to provide for the more convenient organization
of the Courts of the United States.

ALEXANDER HAMILTON.-The confidence of the people
will easily be gained by' a good administration. This 'is
the true touchstone.* ;N

ABRAHAM LINCOLN.-I must insist, in my own defense,
that without force. the Union can not be preserved. And
,eyery law such as the Conscription act and the Emancipa-
tion measure must be enforced.. .

J o p C. CALaHouN.-The law must be enforced I The
imperial edict must be executed I It is under such sophis-
try, couched in general.terms, without looking to the limi-
tations which must ever:exist in the practical exercise of
power, that the most cruel and despotic acts ever have been
covered. It was such sophistry as this that cast Daniel
into ihe lious' den and the' three Tunoceunts into theo'ery
furnace. Under the same sophistry the bloodyedicits pf
,Nero and Caligula were. executed. The Aw must be en-
forLedI Yes, the law imposing the "tea tax must be ex-
ecuted.", This was the very argument which impelled
Lord North and his administration to that mad career
which forever separated us from the British crown. In
the same spirit, we are told the Union must be preserved,
without regard to the means. And how is it proposed to
preserve th Union?; By force? Does any man is his
senses believe that this beautiful structure, this harmonious
aggregate of States, produced by, the joint consent of ll,

Alexander Hamton's speech in the New York Convention in 1788.

,'can, be preserved -by force'? .Its very intlrod.uetion would
dibe'crtain destruction of this Federal:.Un.ion. No,.no!
You can not keep the States united in their'Const.itutional
and Federal bonds by force. Force may indeed hold the
'paits'together, but esnh Union, would. be thd 'orind between
I'flaster' an'd slave,-a' Union of exactibn on,.one site and of
.riqj'il'ifi:ed bbhdiensei'on'the other. Disguise it as you
may, the contest is one betiveen'power an'd; liberty. ,#1'd*
Never was there a controversy in which more important
c'nsequenh'ees -w'er'ilholved, n'ot 'excepting that between
'Persia and' di'eece, decided by'the'ba'ttles of Maratha'n,
'Plhtaea, ahd SalaThi&i','wiich gai,'Ascende'iyV to the gehius'of
'Europe over hatbfAsta, and-whicl in' its .olseqruenc'es hna
"cotinudd to atfect'the destiny of sd large a portion- of' the
' drld,' even' to this d'ay. Irilthe'great conflict' between
"Gieece and 'Persia, between European and -Asiatic polity
and &ivilization, the very question between the federal and
consolidated' forms of government was involved. The
'Asia tic gbvrn nents fr6m"the iremotest time, within some ex-
eH'pt.ibhs 'bh' the"ea'stern'shdre' of'tlihe'Med'iferranean, have
been' based 'on the principle-of tonsolidation,.'Wlidlietn-
sideis'the' ivhol& 'community as' biut a 'unit, aifldtbs6eha ties
'its powers in a ceritTal point. The opposite principle has
' prevailed in' Europe. Gree'"th'ronghout 'all' 'her States
"was' 5nasbd 'on a 'fl'deral zysterm-all' -weroe ithtd inw ie
c'omidion' but loosd botid, lhd IheI governn.ents-of the sev-
eral states partbok fort the ''o'st parr of a coniples orgatii-
zation, which distributed political power among ditff;reint
members of the community. Has reason fled

from our'borders,?' Have.we ceased, toreflect ? It is mads.
ness' to.suppose the Union can be preserved by. foLce.*I

JAMES MADISON.---The more I reflect !.o the UsQof forem
te WmoA I dot e prapticability., the justice, and the,
efficacy of it when applied,,o .a, people collectively and nut.p
individually. A. union, o the States, containing such 4q.
ingredient seems to provide for its-own destruction. The
use of 'force against a State would look more like a decla-
rqaigoq9if wa t ja]ai9li, of puniislihent, and wo4ld
probably be cot, dered by the party-attacked asta,dsspl*;
tion of all previous compacts by which it might be bound.t

ABRAHAM LNCOLN.- Withlout force it is impossible to
preserve the government. The military, when necessary,
must sustain the civil power.

SLEX. HAMILTON.-How can this force be exerted on the
States collectively ? It is impossible. It amounts to a
war between the parties. Foreign powers, also, will not
be idle spectators. They will interpose; the confusion
will increase, and a dissolution of the Union will ensue.t

COLONEI MAso .--The most jarring elements, fire and
water are not more incompatible than such a strange miis

Speech of John C. Calhoun in 1833 against the Force Bill.
t Speech of Madison in the Federal Convention that framed the Consti-
tution. See Madison Papers, vol. li., p. 761. '
t Speech of Hamilton in the same Convention. !See Madison Papers
vol. ii., p. 892.


tuk'e, of civil liberty and military execution. Will the
militia march from one State to another for the purpose of
coercion? If they do, will not the citizens of invaded
States assist one another, until they a'rise'as one man and
shake off what they will denounce as 'the hated Union
altogether. If'you subjugate them, how' are you to hold
them under a Constitution that is'to be imposed to ensure
domestic tranquillity and promote the general welfare??*

'ABRAHAM LINCOL*.-Am I, then, to b'c'invested with no
po6xer f6r the suppression 'of rebellion ?

ELBRIDGE GERRY.-I am against letting loose the myr-
midons of the United States on a State without its own

ABRAnHA LINCOLN.-There can be no union unless the
State governments sustain the General Government to the
fullest extent in putting down disobedient and refractory

ELBRIDGE GERRY.-Let us, then, at once destroy the
State governments, have an executive for life, or here-
ditary, and then there will be some 'consistency in giving
full powers to the General Government ; but, as the State

Speech of Mr. Mason, of Virginia, in same Convention. 'MadJion Pa-
pers, vol. ii., pp. 911-15. ,
t See Madison Papers, vol. iii., from pp. 1349 to 1353.

must, abolished, I wonder at the attempts that are,
made to give .powers that are inconsistent with their exist-
ence., I warn you against pushing th.e experiment too far.
Some people will support a plan of vigorous government.
at every4sk. Others, of a more democratic cast, will op"
pose it with equal determination, and a civil war may be
produced- by the conflict." ,

ABRAHAt LINCOLN.-In my endeavors p .sustain the
Constitution, it. is possible that I have transcended the,
powers with which that instrument has invested' m ; but.I,
have done so to maintain the Union and the Constitution.-

ANDREW JACKSON.-But the Constitution can not b%
maintained, nor $te, Union preserved, in opposition to the
public feeling, by the mere exertion of the coercive powers
confided to the General Government ; the foundations
must be laid in the affections of the people, in the security
it gives to: life, liberty, character, and. property iin every
quarter of, the country, and in the fraternal attachment
which the citizens of the several States bear to one another,
as members of one political family mutually contributing
to promote the happiness of each other.t

ABRAHAM LINCOLN.-If the Union be the only ]oud by
which the sovereignty of the States is to be preserved, then

* See Madison Papeirs, Tol. iii, from pp. 1102 to 1408.
t Jackson's Farewell Address, Washington, March 3, 1837.


the'States themselves must abandon temporarily'a portion
of their power-more than is grahted:even in the Coristitu-
tion-to attain so desirable an end as the preservation of
the republic.

,-,ANDREw JAcKsoN.L--Tho. legitimate. authority of thoe-'
Government is abundantly sujlicient for all. thle: purposes
for which it was created ; aud its powers being expressly
enumerated th.e cani'be no justification for' clHiming any
thing beyond them. Every attempt to exercise power be-
youd these limits should be promptly and firmly opposed;
for one evil eami'ple will lead to oilier measures still more
mischievous ; and if the principle of constructive powers,
or supposed advantages, or temporary circumstances, shall
ever be permitted to justify th6 assumption of a power not
given by the Constitution, the Genrici1a Governnent will,
before long, absorb all the powers of legislation afid you
will have,' in effect, but one consolidated Government.
From the extent of our coduntr, its diversified interests,
different pursuits, and different habits, it is fo6 obvious for
argument that a single consolidated Govern'ment would be
wholly inadequate to watch over a'id"brotect its 'iiierests;
and every friend of our free institutions should alwnys pre-
pare to maintain, unimpaired and in full vigor, the rights
and sovereignty of the States.*

ABRAHAn LINCOLN.-It is impossible for this govern-
ment to exist half slave and half free. The institution of

Jackson's Farewell Address, Washington, March 3, 1837.

17 '

slavery must, therefore, go down. It is inhuman, and as
an evil should be eradicated.

ANDREW, JACasoN.--Each State has the unquestionable
right to regulate its.own diaternal concerns according to its.
own pleasure ;' and,.1vhile,it. does not interfere with the'
rights of the people ofother States, or. thp'rights of the:,
Union, every State Miust he the sole judge of the measures
prp.per to. s rcure.e lte.sifetyof its citizens anqdpromote their
happiness ; and all efforts on the part of the people of the
States,to cast odium on. their iustitutions,.and all measures.
calculated to 1dislurb. their rights of property, or to put
in jeopardytheir peace and internal tranquillity, are in
direct oppositio.nto .the spirit in which the Union was
founded, and must.endanger its safety. Motives of philan-
thropy. may.b. assigned. to their unwarrantable interference1
and weak meni may persuade themselves for a moment thlit
they are laboring in the cause of humanity, and asserting
the rights of.the human race ; but every one, upon sober
reflection, will see that nothing but mischief can come from
these improper assaults upon the feelings and rights of,
others..i Rest assured that the men found.busy in the work
of discoi-d are not worthy of confidence, and deserve the
strongest reprobation. ,

ABRuAHA LINCOLN.-It. was the Union that created the
States, and, therefore, the States being subordinate, must

*'Jackson's Farewell Addrees, Washington,'March 3, 1837.

submit to the authority and power of the General Govern-

ALEXANDER HAMILTON.-Tlhe States can never lose
their powers till the whole people of America are robbed
of -their. liberties. .These must go together. They must
support each other or meet-a common fate. The Constitu-
tion is framed upon truly republican principles, and as it is
expressly designed for a common protection and the general
welfare of the.United States, it must be utterly repugnant
to this Constitution to subvert the State governments or
oppress the people. -The coercion 'of States is one of- the'
maddest projects that was ever devised. A failure of com-
pliance will never be confined to a single State. This
being the case, can we suppose it wise to hazard a civil
war? It would be a nation at war with itself. Can any
reasonable man be well disposed toward a government
that makes war and carnage the only means of supporting
itself-a government that can exist only by the sword?
Every such war must involve the innocent with the guilty.
This single consideration should not be inefficient to dis-
pose every peaceable citizen against such a government.
The State Governments are absolutely necessary to the
.ys.tem. Their existence must form a leading principle in
.the most perfect Constitution we could form. I insist
*that it never can be the interest 'or desire of the national
legislature to destroy the State Governments." It can de-
rive no advantage from such an event; but, on the con-
trary, would lose an indispensable support, a necessary aid
in executing the laws, and conveying the influence of Gog-


eminent to the doors of the people. The Union is depend-
ent on the will of the State Governments for its chief
magistrate and for its Senate. The blow aimed at the
members must give a fatal wound to the head, and tie de-
struction of the States must be at once a political suicide.
The State establishments'of civil and military officers of
every description, infinitely surpassing in numbers any pos-
sible correspondent establishments in the General Govern-
ment, will.create such an extent and complication of attach-
mnents as will ever secure the predilection and support of
the people. Whenever, therefore, any infringement of the
State Constitutions is meditated, the great body of the
people naturally take part with their domestic representa-
tives. Can the General Government withstand such a
united opposition? Will the people suffer themselves to
be stripped of their. privileges? Will they suffer their
legislature to be reduced to a shadow and a name? The
idea is shocking to common sense.*

ABRAHAM LINCOLN.-The Government must prove that
it is supreme, and has the power to enforce obedience, or
it is a mockery to call it a government. Its power, there-
fore, to coerce States in rebellion, must be admitted as a
fundamental principle of its existence.

ALEXANDER HAMILTON.-Whoever'considers the popu-
lousness and strength of several of these States singly at

Extracts from speech of Alexander Hamilton on Federal Constitution.

20 r

the present juncture, and looks forward to what. they will
become even at the distance of. half a. century, once
dismiss as.idle and visionary 'any scheme which .aims at
regulaiIing them or.coercing tljon in their collective capa-
cities by the General Gqvern,itent. A.project of this kind
is, little romantic than the. monaer-taming spirit at-;
tributed, to the fabulous heroes and-dqmigodsi; of antiquity,
Even in those.,Cpnfederacies which have beqn composed of
members.,smailer thau, many of our counties, the principle .
of legislation for sovereign States, supported !by military
coercion, bas never been found effectual..,, It has rarely
been attempted to be employed against the Wveaker mem-
bers; and in most instances attempts thus to coerce the re-
fractory and disobedient have been the signals of bloody
wars, in which,one ialfl the confederacy has. displayed its
banners agaid2st. _e deother. We .want up such government
as this.*.

ABRnAHA LINCOLN.-What does government mean, but
power and authority over the governed ? If lthe people
will not sustain the government, then it is clearly the right
of the government to sustain itself. JI would be impossi-
ble to do this if I am to be bound by the checks and, re-
straints of the Constitution.

THoMAS JEFFERSON.-Government is now taking so
steady a course -as to show by what road it will pass to

f See letter of Alexander Hamilton in No. 16 of "The Federalist."


destructionn, to' wit: by consolidation first,'and-then corrbi-
tion,: its necessary consequence. A prevalence of
the doctrines of consolidation'will one day call for reform-
ation or revolution. I see with Tlhe deepest af-
fliction the rapid strides with which the Fedeiral branch
of' our Government is'advancing toward usuirpation of all
-the rights reserved to the States, and the'consolidatidn i
itself of all power: foreign and domestic, and that, too, by
constructions whichif 'legitimate, leave no limits-tb their

GEORGE WArHIINGTON.-It is important that the habit of
thinking in n free country should inspire caution in those
intrusted wit. its administration,'to confine themselves with-
in their respective constitutional spheres, avoiding, in the
exercise of the powers of one department, to' encroach
upon another. The spirit of encroachnient tends to con-
solidate the powers of all the departments in one, and thus
create, whatever the form of government, a real despotism.
A just estimate of that love of power and proueness to
abuse it which predominates in the human heart is sufficient;
to satisfy us of the truths of this position. The necessity of
reciprocal checks in the exercise of political power, by di-
viding and distributing it into different departments, and
constituting each the guardian of the public weal against
invasion by the other, has been evinced by experiments an-

JefferEon's Works, by H. A. Wa-hington, vol vii., pp. 223, 293.


cent and modern ; some of them in our own country and
under our own eyes. To preserve them must be as neces-
sary as to institute them. If, in the opinion of the people,
.the destruction or modification of the constitutional powers
be in any particular wrong, let it be corrected by an.amend-
m.ent in the way in which .the Constitution .designates. But
let there be no change by usurpntionu; for, though this in
one instance may be the instrument of good, .itis the cus-
tomary weapon by which free governments are destroyed.
The precedent must always greatly overbalance in perma-
nent evil any partial or transient benefit which the use may
at any time yield.*

DANIEL WEBSTER.-Through all the history of the con-
test for liberty, executive power -has been regarded as a
lion which must be caged. So far from being the object of
enlightened popular trust-so far from being considered
the natural protector of popular right-it has been dreaded
as the great source of its danger.t

ABRAHAM LINCOLN.-I repeat, in my own defence, that
power is necessary to government, and that the life of every
able-bodied man in the country should be placed at its dis-
posal to preserve the integrity of the country. In this view
of the case conscript tion becomes an imperative necessity.

Washington's Farewell Addre-s.
Works of Webster. vol. iv., p. 131.

' JUDGE GAStO'iN."-Whatl nre the freemen of this coun-
try to be drafted from the ranks of the militia, and forced
as mnilitary-machines to wage a war of conquest? I have
been accustomed to consider the little share which rliave
in the Constitution of these United States'as rny mdi.t va l-
uable possession, but I do solemnly declare 'that' if such'a
doctrine be engrafted into this Constitution, I regagri.t as
without value, and care not for its preservation.*

At this sta'e of the proceedings there was a sudden pause,
which was produced by a remarkable apparition' inimedi-
ately over the head of the Spirit of lthe Constitution. It
was like the handwriting on the wall which struck terror
to the heart of Belshazzar. There, inscribhe in characters
of living light, was the ghostly representation of-the im-
mortal document which may be truly said to hLve given
birth to self-government in the new world. It was


The Spirit of the Constitution, pointing with one hand
to thle prisoner at the bar, and with the other to the flam-
ing words above his head, read, as with sepulchral voice,
the following sentences:

Speech of Judge Gatpgn, delivered in the House or Representatives,
Feb., It I4, against a proposed Corincription Act.






," i 1 \ '*';. lr-|r ".. V Y ,. J 'i l l .. ..




A ghastly pallor ovCrspread the face of the criminal at
the bar, and as lie looked upon the imin6rtal 'document he

trembled in every limb. The Spirit of the Constitution
then opened a ponderous volume on which was written


Then, addressing Abraham Lincoln, lie spoke as follows:
Did you not on the day of your inauguration take the fol-
lowing oath to support the Constitution, of which I am
dlie disembodied spirit:
I do solemnly swear that I will flithrully ex-cute h,: office or President
of the United States, and Mill, to Ibe bet of:. my ability, preserve, protect,
and defend the Conklitution of Ihe United State-.


SPIRIT OF THE CONSTITUTION.-Then you have. broken
your oath, for you have violated the following articles and

Alt. 1, seec. 9. The privilege of the writ of habeas corpus shall not be
suspended, unless, when in cases of rebellion or invasion, the public safety
may r'iqu;ir: it.

Art. 2. The right of the people to leep and hear arms shall not be in-

Art. 3, 6s:o. 3. Treasou against Ibe Unitt.e State shdill oonesit only in levy-
ing war again it thlirn, or in adhering to.their -nemil;, giving them aid and
comfort. No person Eliall be convicted of IrtLason unl--" on the bi slimony
of two witne-ss-. to the :ame ov't. act, or on confession in open court.

Art. 1. The i;gLt (fr the people to be secur-: in their p,:- -onn, hb.. ne, pa-
pers, and efftctl, against unrasonabl, etonrches and seizIres, shall not be
violated. And no warrant shall isuei but upon probable causes,s.upported

by oath or affirmation,.and particularly describing the place to be searched,
and the person or tLibng to be.peczed.
Art. 4, eec. 3. No new State shall be formed or erected within the juris-
di-tlon of any other State w* ithoqt the conrc-nt of the Legislature of
the State concerned as well as. of the OongrsE.
Art. 5. No person shall be held to answer for a capital, or otherwi-se in-
famoui crime, unless on a prei,'ntment or indic trm -t jr a grand juy, except,
in cnses nri-ing in thi land or naval forces, or in the militia, wb..u in actual
service in time :,of war or danger; nor be depriv,-d of life, liberty, or
property, without due proc'5. oif lnw.
No attliider of treason shall work corruption of blood or forfeiture, ex-
cept during the life of the person attained.
CongrIi..s -hall niake no law abridging the freedom of ,p-eech or of
theft prte.

The violations of which you have been guilty are not,
however, all embraced within the infractions of these pro-
visions ; they extend still further, and if enumerated would
swell to a mighty volume the record of the offenses agai'Lst
Americann freedom of which you have been guilty.
A chorus of voices arose from the assembled spirits of
departed statesmen calling for judgment on the head of the
At this moment the flaming elaractet'rsof the Declaration
of Independence faded away, and in their place appeared
these words, in gigantic letters, at the very sight, of which
the criminal at the bar closed his eyes and recoiled in
horror :

These characters also faded away, and then there came
a long procession of ghostlike figures, whose numbers no
man could count.

First in the line was a ghastly array of humanlike forms,
but so defaced as to leave but little trace oft their original
character. It was 6 fearful spectacle. Some were with-
out thdir heads, while from that portion of the neck which
yet remained the blood streamed afresh', till the whole
body seemed battled in gore. The quivering sinews of the
neck were visible, while here and there from veins and
arteries shot. up jets and sprays of blood.
Then again came others, with their arms wrenched from
the sockets : then again sorne'hobbling along upon a single
leg; while there were others bearing as upon a platform
countless trunks of bodice from which heads and limbs had
been swept in the dread shock of battle. Mutilation in all
its horrid phases was visible: some with their intestines
torn out, some with their bodies almost cloven in twain,
and some again with the red and bloody flesh only visible
where once thl eyes had been. Then, in others, the upper
part of the skull had been earrie-d off by a cannon ball, and
the brains oozed out on that portion of the face that had
been left. But ihis was not all; for on the shoulders of
many were borne masses of indistinguishable human flesh
without form or shape. These were the remains of men
who, having been wounded, were trampled beneath the hoofs
of changing squadrons or the wheels of the death-dealing
Those formed the first grand division of the ghastly pro-
cession." Next came countless myriads of wan and woe-
stricken children, whose faces bore the impress of want
and destitution,-aid whose wail of sorrow seemed to pierce

the very clouds. They bore a banfhi at their head, on
<'which was inscribed the following words:

"We are the Victims of "anaticism and
the Forgotten Objects of a
Nation's Gratitude."
Tlhis, the second division of the mournful procession, was,
if possible, a still sadder sight than the first.
ThIn came the third and last grand division, which was
composed of the widows and other relatives of thoie whose
lives h'ad been offered up as a liolocaust at the shrine of
Abolitionism. Their faces bore*the expression of unutnter-
able woe, while ever and anon a wild cry of despair arose
from their midst; anri somn', turning their raze toward the
conseienee-strickeni criniinal, shrieked as in very agony
This ended the grand phaiitasinagory. The criminal
looked around the curt, and' on the faces of the assembled
patriots of the past, but as they returned ihs gaze they,
shiuddering, averted their heads. Then the Spirit of the
ConstituLion addressing hiir spoke as follows:'
"You have l:,een tried aind fouud wanting. You have
been given the opportunity of saving a nation, but you
have stabbed it to the heart. You were born in the freest
country under the sun, but you'have converted it into a
despotism.: You have violated your oath; you have be-
trayed the trust reposed in you by the popular will, and to
the outraged justice of your countrymen I now leave you,

with the brand of 'TYRANT' upon your brow. They -will
hereafter inflict upon you that penalty, which justice de-
mands, while history will pronounce its judgment upon the
infamous acts of your Administration."
When lie had pronounced these words of condemnation,
the voices of the spirits of the departed rose in one grand
chorus of approval.
Thus ended the midnight trial of the last successor of
Washington. One by one the spirits disappeared, the bril-
liant lights went out, and the form of the great culprit was
lost in the gloom and darkness. Then all was still, and
no sound broke upon the ear but the footfall of the sentry
as he iept guard over the Presidential mansion and the
Presidential life, and that sentry was in himself the saddest
and most melancholy commentary on the condition of the
country, that rendered it necessary for its chief magistrate
to seek protection and safety in the military power.

i ,, v
* 4 '


Just Issued in a Pumpih-d of One Hundred and Thirty Pages,


In Articles from the Metropolitan Record.

Tu- nn't:.. States Converted into a Military Despotism-The Conscription Act the Last
[la ...- Blow Aimed at Popular Liberty.
Can a Disunion .\imi.i,'L,at,,'n ri..-t,) the Union?-Facts that can not be Controverted,
and that ev-r) :bohuld Kn.u,- and Understand.
The Effects of Abolitionism.
A Great Statesman Speaking to the People-Alexander Hamilton on Coercion and Civil
Grand Patriotic Demonstration-The Loyal League of Spouters and Mutual Puffers in
Council-Magnificent Display of Banners, Bands, and Bathos-The Vigorous Prosecu-
tion of the War Unanimously Demanded-Explosion of a Terrific Bombshell in the
Meeting, and the Universal Skedaddle of the Patriots-An anuda.s fIr the South and
Boa-Contractors for the North.
Some Plain Talk.
"Nobody Hurt."
Peace I
What the War is Carried on For.
A New Joke-Is it the President's ?
The Abolition Policy of the Administration and what it has Accomplished.
Tr: L,- I.. S n *.. i he Revolution on the Right of Coercion.
T!L,- i-,. r.-,.r y ...f the States.
The Northern Plague.
The Letter of Governor Seymour.
A Poland in the United States.
The Future.
Which is tLe most Humiliating-Peace or War.
The Administration Telegraph ; or, How it is Done. A Play in Three Acts.

To the Public.

In consequence of the great demand for the numbers of the RECORD
containing the articles enumerated above, the supply was soon exhaust-
ed. As the papers are still called for, the publication of this pamphlet
is intended to obviate the difficulty.
It can be had of all news-dealers for 25 cents per copy.
SEW, Those who would desire to purchase single copies of the pam-
phlet will please send 25 cents with their address, when it will be trans-
mitted by return of mail.


9 '


-~ ~ F I pl


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