Lincoln's First Sixty Days

[samgrant]

Originally Posted by gray_ghost

H Hinkle wrote:

As for actions forbidden by the Constitution, someone probably should have pointed that out to Lincoln:


Charles Sumner said:

When Lincoln reinforced Fort Sumter and called for 75,000 men without the consent of Congress, it was the greatest breach ever made in the Constitution, and would hereafter give the President the liberty to declare war whenever he wished without the consent of Congress.

This was an issue that never bothered me, as the Congress was not in session at the time and Lincoln couldn't wait several months.

But recently reading a book about the "Nullification Crisis", I came across this bit: "before calling out the militias, the President had to issue a proclamation commanding the "insurgents to disperse, and retire to their abodes within a limited time". (This is part of, I think, the Militia Act of 1782, Article I, Section 3 ???).

Anyway, this bothered me as I had not recalled Mr. L. ever proclaiming this.

Well, much to my relief, I found that Mr. L. did indeed adhere to the law (lawyer that he was), in his Proclamation Calling Militia and Convening Congress:

"And I hereby command the persons composing the combinations aforesaid to disperse, and retire peaceably to their respective abodes within twenty days from this date."

http://www.angelfire.com/my/abrahamlincoln/Militia.html

He gave them 20 days to cool off. Well ...