he present crisis had been very scantily
and vaguely provided for by "the fathers." The instant that action
became necessary to save the Union under the Constitution, it was
perfectly obvious that the Constitution must be stretched, transcended,
and most liberally interlined, in a fashion which would furnish annoying
arguments to the disaffected. The President looked over the situation,
and decided, in the proverbial phrase, to take the bull by the horns;
that which clearly ought to be done he would do, law or no law, doubt
or no doubt. He would have faith that the people would sustain him; and
that the courts and the lawyers, among whose functions it is to see to
it that laws and statutes do not interfere too seriously with the
convenience of the community, would arrive, in what subtle and
roundabout way they might choose, at the conclusion that whatever must
be done might be done. These learned gentlemen did their duty, and
developed the "war powers" under the Constitution in a manner equally
ingenious, comical, and sensible. But the fundamental basis was, that
necessity knows no law; every man in the country knew this, but the
well-intentioned denied it, as matter of policy, while the
ill-intentioned made such use of the opportunities thus afforded to them
as might have been expected. Among the "war Democrats," however, there
was at least ostensible liberality.

An early question related to the writ of habeas corpus. The Maryland
legislature was to meet on April 26, 1861, and was expected to guide the
State in the direction of secession. Many influential men urged the
President to arrest the members before they could do this. He, however,
conceived such an interference with a state government, in the present
condition of popular feeling, to be impolitic. "We cannot know in
advance," he said, "that the action will not be lawful and peaceful;"
and he instructed General Scott to watch them, and, in case they should
make a movement towards arraying the people against the United States,
to counteract it by "the bombardment of their cities, and, in the
extremest necessity, the suspension of the writ of habeas corpus." This
intimation that the suspension of the venerated writ was a measure
graver than even bombarding a city, surely indicated sufficient respect
for laws and statutes. The legislators restrained their rebellious ardor
and proved the wisdom of Mr. Lincoln's moderation. In the autumn,
however, the crisis recurre