1860s, Letter to James C. Conkling (1863)
Context: You dislike the emancipation proclamation; and, perhaps, would have it retracted. You say it is unconstitutional — I think differently. I think the constitution invests its commander-in-chief, with the law of war, in time of war. The most that can be said, if so much, is, that slaves are property. Is there — has there ever been — any question that by the law of war, property, both of enemies and friends, may be taken when needed? And is it not needed whenever taking it, helps us, or hurts the enemy? Armies, the world over, destroy enemies' property when they can not use it; and even destroy their own to keep it from the enemy. Civilized belligerents do all in their power to help themselves, or hurt the enemy, except a few things regarded as barbarous or cruel. Among the exceptions are the massacre of vanquished foes, and non-combatants, male and female.
“Now, then, tell me, if you please, what possible result of good would follow the issuing of such a proclamation as you desire? Understand, I raise no objections against it on legal or constitutional grounds; for, as commander — in — chief of the army and navy, in time of war, I suppose I have a right to take any measure which may best subdue the enemy. Nor do I urge objections of a moral nature, in view of possible consequences of insurrection and massacre at the South. I view the matter as a practical war measure, to be decided upon according to the advantages or disadvantages it may offer to the suppression of the rebellion.”
1860s, Reply to an Emancipation Memorial (1862)
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