Tuesday, April 4, 2023

The Duty Of Preservation

Letter to Hodges (1864) - Lincoln and Emancipation

On April 4, 1864 Abraham Lincoln wrote the letter below to Albert G Hodges.  The letter expresses the president's beliefs about the morality of slavery:

I am naturally anti-slavery.  If slavery is not wrong, nothing is wrong.

At the same time it set forth the constitutional constraints under which he believed he was obligated to act in accordance with:

And yet I have never understood that the Presidency conferred upon me an unrestricted right to act officially upon this judgement and feeling.
The letter arose from a meeting Lincoln had a couple of days before with Hodges, Governor Bramlette and Senator Dixon.  Bramlette was governor of Kentucky, Dixon a former senator from that state, and Hodges editor of the Frankfurt Commonwealth, the most influential paper in the state.  The meeting's purpose was for the Kentucky delegation to object to the recruitment of former slaves in that state into the Union army, a policy approved by the president.  Bramlette and Dixon, while supporters of the Union and opponents of secession, were not anti-slavery and offended by the prospect of black soldiers.

The importance of the letter resides first in the clear distinction Lincoln makes between his moral beliefs and his Constitutional authority as Chief Executive, a distinction I wish more politicians paid attention to.

The second important aspect is the question of what steps is it rightful for a president to take to preserve the Union.  Lincoln sets forth the issue: 

I did understand however, that my oath to preserve the Constitution to the best of my ability, imposed upon me the duty of preserving, by every indispensable means, that government – that nation – of which that constitution was the organic law. Was it possible to lose the nation, and yet preserve the Constitution? By general law life and limb must be protected; yet often a limb must be amputated to save a life; but a life is never wisely given to save a limb. I felt that measures, otherwise unconstitutional, might become lawful, by becoming indispensable to the preservation of the Constitution, through the preservation of the nation. Right or wrong, I assumed this ground, and now avow it. I could not feel that, to the best of my ability, I had even tried to preserve the Constitution, if, to save slavery, or any minor matter, I should permit the wreck of government, country, and Constitution all together.

Third, the president asserts that his decision was both necessitated by events (the failure of his proposal for compensated emancipation in the border states) and proven by the results: 

They declined the proposition; and I was, in my best judgment, driven to the alternative of either surrendering the Union, and with it, the Constitution, or of laying [a] strong hand upon the colored element. I chose the latter. In choosing it, I hoped for greater gain than loss; but of this, I was not entirely confident. More than a year of trial now shows no loss by it in our foreign relations, none in our home popular sentiment, none in our white military force, – no loss by it any how or anywhere. On the contrary, it shows a gain of quite a hundred and thirty thousand soldiers, seamen, and laborers. These are palpable facts, about which, as facts, there can be no caviling. We have the men; and we could not have had them without the measure.

Lincoln then challenges Hodges and his companions to contemplate where the Union would be without those 130,000 colored troops and laborers:

If he cannot face his case so stated, it is only because he cannot face the truth.

His final paragraph provides an early glimpse into the president's thinking on God's role in fulfilling a moral obligation and the costs entailed, a sentiment so memorably expressed in his Second Inaugural address in March 1865, a month before his murder.

I claim not to have controlled events, but confess plainly that events have controlled me. Now, at the end of three years’ struggle the nation’s condition is not what either party, or any man devised, or expected. God alone can claim it. Whither it is tending seems plain.If God now wills the removal of a great wrong, and wills also that we of the North as well as you of the South, shall pay fairly for our complicity in that wrong, impartial history will find therein new cause to attest and revere the justice and goodness of God.

The letter is a reminder of Lincoln's talents as a rhetorician and a politician.   His use of rhetoric makes disagreement difficult, while one must never forget that the president was not a philosopher but rather a practical politician, who was very careful to tailor his rhetoric to the specific needs of the moment.

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April 4, 1864

My dear Sir: You ask me to put in writing the substance of what I verbally said the other day, in your presence, to Governor Bramlette and Senator Dixon. It was about as follows:

“I am naturally anti-slavery. If slavery is not wrong, nothing is wrong. I can not remember when I did not so think, and feel. And yet I have never understood that the Presidency conferred upon me an unrestricted right to act officially upon this judgement and feeling. It was in the oath I took that I would, to the best of my ability, preserve, protect, and defend the Constitution of the United States. I could not take the office without taking the oath. Nor was it my view that I might take an oath to get power, and break the oath in using the power. I understood, too, that in ordinary civil administration this oath even forbade me to practically indulge my primary abstract judgement on the moral question of slavery. I had publicly declared this many times, and in many ways. And I aver that, to this day, I have done no official act in mere deference to my primary abstract judgement on the moral question of slavery. I did understand however, that my oath to preserve the Constitution to the best of my ability, imposed upon me the duty of preserving, by every indispensable means, that government – that nation – of which that constitution was the organic law. Was it possible to lose the nation, and yet preserve the Constitution? By general law life and limb must be protected; yet often a limb must be amputated to save a life; but a life is never wisely given to save a limb. I felt that measures, otherwise unconstitutional, might become lawful, by becoming indispensable to the preservation of the Constitution, through the preservation of the nation. Right or wrong, I assumed this ground, and now avow it. I could not feel that, to the best of my ability, I had even tried to preserve the Constitution, if, to save slavery, or any minor matter, I should permit the wreck of government, country, and Constitution all together. When, early in the war, Gen. Fremont attempted military emancipation, I forbade it, because I did not then think it an indispensable necessity. When a little later, Gen. Cameron, then Secretary of War, suggested the arming of the blacks, I objected, because I did not yet think it an indispensable necessity. When, still later, Gen. Hunter attempted military emancipation, I again forbade it, because I did not yet think the indispensable necessity had come. When, in March, and May, and July 1862 I made earnest, and successive appeals to the border states to favor compensated emancipation, I believed that the indispensable necessity for military emancipation, and arming the blacks would come, unless averted by that measure. They declined the proposition; and I was, in my best judgment, driven to the alternative of either surrendering the Union, and with it, the Constitution, or of laying [a] strong hand upon the colored element. I chose the latter. In choosing it, I hoped for greater gain than loss; but of this, I was not entirely confident. More than a year of trial now shows no loss by it in our foreign relations, none in our home popular sentiment, none in our white military force, – no loss by it any how or anywhere. On the contrary, it shows a gain of quite a hundred and thirty thousand soldiers, seamen, and laborers. These are palpable facts, about which, as facts, there can be no caviling. We have the men; and we could not have had them without the measure.

“And now let any Union man who complains of the measure, test himself by writing down in one line that he is for subduing the rebellion by force of arms; and in the next, that he is for taking these hundred and thirty thousand men from the Union side, and placing them where they would be but for the measure he condemns. If he cannot face his case so stated, it is only because he cannot face the truth.”

I add a word which was not in the verbal conversation. In telling this tale I attempt no compliment to my own sagacity. I claim not to have controlled events, but confess plainly that events have controlled me. Now, at the end of three years’ struggle the nation’s condition is not what either party, or any man devised, or expected. God alone can claim it. Whither it is tending seems plain. If God now wills the removal of a great wrong, and wills also that we of the North as well as you of the South, shall pay fairly for our complicity in that wrong, impartial history will find therein new cause to attest and revere the justice and goodness of God.

Yours truly,

A. Lincoln

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