Annotation
[1] AD, DLC-RTL. Nicolay and Hay date this document ``August [15?] 1863'' (NH, IX, 74), but a bracketed date on the first page of the manuscript reads ``[Aug 30?] 1863.'' From the contents it may be inferred that Lincoln intended to use the piece either as a public address or as part of a communication. An endorsement by Robert Todd Lincoln written on the back of the last page of the manuscript reads: ``This Mss. was probably written at the time of the Sprd. Letter of Aug---63---but not incorporated with it & never published.'' The reference is, of course, to Lincoln's letter to James C. Conkling, August 26, supra, but it would seem more probable that Lincoln contemplated issuance of his sentiments on the draft to counteract the numerous efforts to block enforcement of the law. Gideon Welles refers to such a paper as having been prepared by the president on September 14, but abandoned in favor of the proclamation of September 15, infra, suspending habeas corpus with respect to persons taken by the draft. Welles' Diary records the Cabinet discussion:
``September 14, Monday. The President called a special Cabinet council this morning at eleven. The course pursued by certain judges is, he says, defeating the draft. They are discharging the drafted men rapidly under habeas corpus, and he is determined to put a stop to these factious and mischievous proceedings if he has the authority. The Secretary of State and Attorney-General have each been consulted and declare they have no doubt of his authority. Mr. Blair was satisfied the President had the legal power, but whether the measure proposed, which is an order from the President directing the provost marshals to disregard the writ, or to make return that the persons to be discharged was held by authority of the President, was perhaps not the best process [see draft of order, September 17, infra]. Mr. Chase feared civil war would be inaugurated if the privilege of the writ of habeas corpus was suspended. Mr. Usher had doubts and uncertainties.
``The President was very determined, and intimated that he would not only enforce the law, but if Judge Lowry [Chief Justice Walter H. Lowrie, Supreme Court of Pennsylvania] and others continued to interfere and interrupt the draft he would send them after Vallandigham. As considerable discussion had taken place, he was prepared to act, though willing to listen to, and, if mistaken, to defer to, others. Up to this point neither Mr. Stanton or myself had taken part in the discussion, though Stanton had undoubtedly expressed his opinion and prompted the proposed action.
``I remarked that the subject was not new to me, . . . I had as high regard and reverence for that writ as any one, but it seemed to me there should be some way to prevent its abuse. A factious and evil-minded judge . . . could embarrass the Government, could delay the departure of a vessel . . . could stop armies on the march . . . .
``The President said he would prepare and submit a paper at an adjourned meeting for criticism to-morrow at 9 A.M.
``September 15, Tuesday. The President read the paper which he had drawn up. Mr. Chase proposed as a preferable course that the President should, pursuant to the act of the 3rd of March last, suspend by proclamation the privilege of the writ of habeas corpus on military questions. This proposition . . . met with favor from all, and the Council adjourned to 1 P.M. for Mr. Seward to prepare a proclamation. On meeting . . . the draft which Mr. Seward had prepared was criticized and after some modifications was ordered to be recopied and carried into effect. All came into the arrangement cordially after Stanton read the reports of sundry provost marshals and others detailing the schemes practiced for defeating the draft . . . .''