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This Day In History
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Abraham Lincoln on War without Congressional
Approval
and
Preemptive War
Shortly after Lincoln's wrote his famous "Spot Resolution," where he
had questioned whether the "spot" Mexican forces had attacked, was
American territory, he wrote the following letter to his law partner,
William Herndon, denouncing the President for starting a war without the
consent of the Congress against Mexico.
(The emphasis and spelling are as in the original.)
To William H. Herndon
Dear William: Washington, Feb. 15, 1848 Your letter of the 29th Jany.
was received last night. Being
exclusively a constitutional argument, I wish to submit some reflections
upon it in the same spirit of kindness that I know actuates you. Let me
first state what I understand to be your position. It is, that if it
shall become NECESSARY, TO REPEL INVASION, the President may, without
violation of the Constitution, cross the line, and INVADE the teritory
of another country; and that whether such NECESSITY exists in any given
case, the President is to be the SOLE judge.
Before going further, consider well whether this is, or is not your
position. If it is, it is a position that neither the President himself,
nor any friend of his, so far as I know, has ever taken. Their only
positions are first, that the soil was OURS where hostilities commenced,
and second, that whether it was rightfully ours OR NOT, CONGRESS HAD
ANNEXED IT, and the President, for that reason was bound to defend it,
both of which are as clearly proved to be false in fact, as you can
prove that your house is not mine. That soil was not ours; and Congress
did not annex or attempt to annex it.
But to return to your position: Allow the President to invade a
neighboring nation, whenever HE shall deem it necessary to repel an
invasion, and you allow him to do so, WHENEVER HE MAY CHOOSE TO SAY he
deems it necessary for such a purpose - and you allow him to make war at
pleasure. Study to see if you can fix ANY LIMIT to his power in this
respect, after you have given him so much as you propose. If, to-day, he
should choose to say he thinks it necessary to invade Canada, to prevent
the British from invading us, how could you stop him? You may say to
him, "I see no probability of the British invading us" but he will say
to you "be silent; I see it, if you don't." The provision of the
Constitution giving the war-making power to Congress, was dictated, as I
understand it, by the following reasons. Kings had always been involving
and impoverishing their people in wars, pretending generally, if not
always, that the good of the people was the object. This, our Convention
understood to be the most oppressive of all Kingly
oppressions; and they resolved to so frame the Constitution that NO ONE
MAN should hold the power of bringing this oppression upon us. But your
view destroys the whole matter, and places our President where kings
have always stood.
Write soon again.
Yours truly, Abraham Lincoln.
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