Taking the inaugural oath for the second time, Lincoln looked for the larger meaning or purpose of the Civil War, which he had come to see as divine retribution for the sin of slavery. If God willed it the war would “continue, until . . . every drop of blood drawn with the lash, shall be paid for by another drawn with the sword . . .” But if God is wrathful, humans need not be so, as Lincoln says in concluding: “With malice toward none, with charity for all . . .”

Fellow Countrymen:

At this second appearing to take the oath of the Presidential office, there is less occasion for an extended address than there was at the first. Then a statement, somewhat in detail, of a course to be pursued, seemed fitting and proper. Now, at the expiration of four years, during which public declarations have been constantly called forth on every point and phase of the great contest which still absorbs the attention, and engrosses the energies of the nation, little that is new could be presented. The progress of our arms, upon which all else chiefly depends, is as well known to the public as to myself; and it is, I trust, reasonably satisfactory and encouraging to all. With high hope for the future, no prediction in regard to it is ventured.

On the occasion corresponding to this four years ago, all thoughts were anxiously directed to an impending civil war. All dreaded it – all sought to avert it. While the Inaugural address was being delivered from this place, devoted altogether to saving the Union without war, insurgent agents were in the city seeking to destroy it without war – seeking to dissolve the Union, and divide effects, by negotiation. Both parties deprecated war; but one of them would make war rather than let the nation survive; and the other would accept war rather than let it perish. And the war came.

. . .

One of Lincoln’s most controversial decisions during the Civil War was to suspend the writ of habeas corpus. This meant that suspects could be held without being charged with a specific crime, without trial before a jury of their peers, and without legal counsel. Far from acting extra-constitutionally, Lincoln claimed constitutional grounds: Article I, section 9 states that “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety shall require it.” The Confederate war against the United States, Lincoln reasoned, was a rebellion pure and simple and a threat to public safety. His critics were not mollified, however, and Lincoln had repeatedly to justify his decision to suspend habeas corpus (see selections 24 and 25).

By The Presidentof The United Statesof America

A Proclamataion

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 Commission.

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, arsenal, military prison, or other place of confinement by any military authority or by the sentence of any Court Martial or Military Commission.

. . .

Lincoln convened a meeting at the White House with senators and congressmen from the “border states”– slave-owning states that remained loyal to the Union – and outlined his plan for the gradual emancipation of all American slaves. The federal government would compensate slave owners for the loss of their human “property.” Shortly thereafter, by a majority of twenty to eight, the representatives rejected Lincoln’s proposal for compensated emancipation.

Gentlemen.

After the adjournment of Congress, now very near, I shall have no opportunity of seeing you for several months. Believing that you of the border-states hold more power for good than any other equal number of members, I feel it a duty which I can not justifiably waive, to make this appeal to you. I intend no reproach or complaint when I assure you that in my opinion, if you all had voted for the resolution in the gradual emancipation message of last March, the war would now be substantially ended. And the plan therein proposed is yet one of the most potent, and swift means of ending it. Let the states which are in rebellion see, definitely and certainly, that, in no event, will the states you represent ever join their proposed Confederacy, and they cannot much longer maintain the contest. But you cannot divest them of their hope to ultimately have you with them so long as you show a determination to perpetuate the institution within your own states. Beat them at elections, as you have overwhelmingly done, and, nothing daunted, they still claim you as their own. You and I know what the lever of their power is. Break that lever before their faces, and they can shake you no more forever.

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