Throughout the history of the American Republic, there has been a tension between two virtues necessary to sustain republican government: vigilance and responsibility. Vigilance is the jealousy on the part of the people that constitutes a necessary check on those who hold power, lest they abuse it. As Thomas Jefferson wrote, “it is jealousy and not confidence which prescribes limited constitutions, to bind those whom we are obliged to trust with power.”
But while vigilance is a necessary virtue, it may, if unchecked, lead to an extremism that incapacitates a government, preventing it from carrying out even its most necessary and legitimate purposes, e.g. providing for the common defense. “Jealousy,” wrote Alexander Hamilton, often infects the “noble enthusiasm for liberty” with “a spirit of narrow and illiberal distrust.”
Responsibility, on the other hand, is the prudential judgment necessary to moderate the excesses of political jealousy, thereby permitting limited government to fulfill its purposes. Thus, in Federalist 23, Alexander Hamilton wrote that those responsible for the nation’s defense must be granted all of the powers necessary to achieve that end. Responsibility is the virtue necessary to govern the republic and to preserve it from harm, both external and internal. The dangers of foreign and civil war taught Alexander Hamilton that liberty and power are not always adversaries, that, indeed, the “vigor” of government is essential to the security of liberty.
Lincoln and the War Power
Lincoln’s actions as president during the Civil War reflected his agreement with this principle. Owing to the unprecedented nature of the emergency created by a serious domestic rebellion, Lincoln believed that he had no choice but to exercise broad executive power.
The steps Lincoln took are well known. Under his constitutional powers as commander-in-chief of the military, he declared martial law and suspended the writ of habeas corpus in certain locations. He blockaded Southern ports. He shut down some opposition newspapers. He created tribunals similar to the ones that George W. Bush established when he was president. At one point early in the war, convinced that the Maryland legislature was poised to vote an ordinance of secession, he ordered Federal troops to arrest and detain pro-secessionist lawmakers. Lincoln justified this last step on the grounds that there was “tangible and unmistakable evidence” of their “substantial and unmistakable complicity with those in armed rebellion.”