The Papers And Writings Of Abraham Lincoln
Chapter 157 : In witness whereof, I have hereunto set my hand and caused the seal of the United Stat

In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.

Done at the City of Was.h.i.+ngton, this twenty-second day of September, in the year of our Lord one thousand eight hundred and sixty-two, and of the independence of the United States the eighty-seventh.

A. LINCOLN.

By the President: WILLIAM H. SEWARD, Secretary of State.

PROCLAMATION SUSPENDING THE WRIT OF HABEAS CORPUS,

SEPTEMBER 24, 1862.

THE PRESIDENT OF THE UNITED STATES OF AMERICA

A Proclamation

Whereas it has become necessary to call into service not only volunteers, but also portions of the militia of the States by draft, in order to suppress the insurrection existing in the United States, and disloyal persons are not adequately restrained by the ordinary processes of law from hindering this measure, and from giving aid and comfort in various ways to the insurrection:

Now, therefore, be it ordered

First. That during the existing insurrection, and as a necessary measure for suppressing the same, all rebels and insurgents, their aiders and abettors within the United States, and all persons discouraging volunteer enlistments, resisting militia drafts, or guilty of any disloyal practice affording aid and comfort to rebels against the authority of the United States, shall be subject to martial law, and liable to trial and punishment by courts-martial or military commissions.

Second. That the writ of habeas corpus is suspended in respect to all persons arrested, or who are now, or hereafter during the rebellion shall be, imprisoned in any fort camp, a.r.s.enal, military prison or other place of confinement by any military authority or by the sentence of any court-martial or military commission.

In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed.

Done at the city of WAs.h.i.+NGTON, this twenty-fourth day of September. A.D.

eighteen hundred and sixty-two, and of the independence of the United States the eighty-seventh.

A. LINCOLN.

By the President: WILLIAM H. SEWARD, Secretary of State.

REPLY TO SERENADE, SEPTEMBER 24, 1862.

I appear before you to do little more than acknowledge the courtesy you pay me, and to thank you for it. I have not been distinctly informed why it is that on this occasion you appear to do me this honor, though I suppose it is because of the proclamation. What I did, I did after a very full deliberation, and under a very heavy and solemn sense of responsibility. I can only trust in G.o.d I have made no mistake. I shall make no attempt on this occasion to sustain what I have done or said by any comment. It is now for the country and the world to pa.s.s judgment and, maybe, take action upon it.

I will say no more upon this subject. In my position I am environed with difficulties. Yet they are scarcely so great as the difficulties of those who upon the battle-field are endeavoring to purchase with their blood and their lives the future happiness and prosperity of this country. Let us never forget them. On the fourteenth and seventeenth days of this present month there have been battles bravely, skillfully, and successfully fought. We do not yet know the particulars. Let us be sure that, in giving praise to certain individuals, we do no injustice to others. I only ask you, at the conclusion of these few remarks, to give three hearty cheers for all good and brave officers and men who fought those successful battles.

RECORD EXPLAINING THE DISMISSAL OF MAJOR JOHN J. KEY

FROM THE MILITARY SERVICE OF THE UNITED STATES.

EXECUTIVE MANSION, WAs.h.i.+NGTON,

September 26, 1862.

MAJOR JOHN J. KEY:

I am informed that, in answer to the question, "Why was not the rebel army bagged immediately after the battle near Sharpsburg?" propounded to you by Major Levi C. Turner, Judge Advocate, etc., you said: "That is not the game. The object is, that neither army shall get much advantage of the other; that both shall be kept in the field till they are exhausted, when we will make a compromise and save slavery."

I shall be very happy if you will, within twenty-four hours from the receipt of this, prove to me by Major Turner that you did not, either literally or in substance, make the answer stated.

[Above delivered to Major Key at 10.25 a.m. September 27th.]

At about 11 o'clock A.M., September 27, 1862, Major Key and Major Turner appeared before me. Major Turner says:

"As I remember it, the conversation was: 'Why did we not bag them after the battle of Sharpsburg?' Major Key's reply was: 'That was not the game; that we should tire the rebels out and ourselves; that that was the only way the Union could be preserved, we come together fraternally, and slavery be saved.'"

On cross-examination, Major Turner says he has frequently heard Major Key converse in regard to the present troubles, and never heard him utter a sentiment unfavorable to the maintenance of the Union. He has never uttered anything which he, Major T., would call disloyalty. The particular conversation detailed was a private one.

[Indors.e.m.e.nt on the above.]

In my view, it is wholly inadmissible for any gentleman holding a military commission from the United States to utter such sentiments as Major Key is within proved to have done. Therefore, let Major John J. Key be forthwith dismissed from the military service of the United States.

A. LINCOLN.

TO HANNIBAL HAMLIN.

(Strictly private.)

EXECUTIVE MANSION, WAs.h.i.+NGTON,

September 28, 1862.

HON. HANNIBAL HAMLIN.

MY DEAR SIR: Your kind letter of the 25th is just received. It is known to some that, while I hope something from the proclamation, my expectations are not as sanguine as are those of some friends. The time for its effect southward has not come; but northward the effect should be instantaneous.

It is six days old, and, while commendation in newspapers and by distinguished individuals is all that a vain man could wish, the stocks have declined, and troops come forward more slowly than ever. This, looked soberly in the face, is not very satisfactory. We have fewer troops in the field at the end of the six days than we had at the beginning--the attrition among the old outnumbering the addition by the new. The North responds to the proclamation sufficiently in breath; but breath alone kills no rebels.

I wish I could write more cheerfully; nor do I thank you the less for the kindness of your letter.

Yours very truly,