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Nicolay, John George, 1832-1901

"Hay's Abraham Lincoln: A History"

On full reflection he decided against either
measure.
"I think it would not be justifiable," he wrote to General Scott, "nor
efficient for the desired object. _First_, they have a clearly legal
right to assemble; and we cannot know in advance that their action will
not be lawful and peaceful. And if we wait until they shall have acted,
their arrest or dispersion will not lessen the effect of their action.
_Secondly_, we cannot permanently prevent their action. If we arrest
them, we cannot long hold them as prisoners; and, when liberated, they
will immediately reassemble and take their action. And precisely the
same if we simply disperse them: they will immediately reassemble in
some other place. I therefore conclude that it is only left to the
commanding general to watch and await their action, which, if it shall
be to arm their people against the United States, he is to adopt the
most prompt and efficient means to counteract, even if necessary to the
bombardment of their cities; and, in the extremest necessity, the
suspension of the writ of _habeas corpus_."
Two days later the President formally authorized General Scott to
suspend the writ of _habeas corpus_ along his military lines, or in
their vicinity, if resistance should render it necessary. Arrivals of
additional troops enabled the General to strengthen his military hold on
Annapolis and the railroads; and on May 13 General B.


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