MEMORIAL OF HON. TH. H. BAIRD, PRAYING FOR THE ENACTMENT OF MEASURES TO PRESERVE THE CONSTITUTION AND UNION OF THE STATES. PRESENTED TO THE HOUSE OF REPRESENTATIVES, FEBRUARY 7, 1863, AND REFERRED TO THE COMMITTEE ON THE JUDICIARY.

Pittsburgh: A.A. Anderson & Sons, 1864. 23, [1 blank] pp. Disbound, title and last leaf a bit foxed. Good+.

Baird's efforts to influence Congress with his Memorial came to naught. In frustration, he decided to publish it himself. The rebels "are guilty of treason, and have incurred the penalty of the law." But the government must respond within the bounds of the Constitution. All punishments must be inflicted "by the regular prescribed judicial process," unless "the baton of the Marshal is too weak to arrest offenders." In that event, "balls and bayonets may be called to his aid." But "foreign mercenaries, negroes or savages" may not be used for this purpose: only the militia, comprised of free white citizens, can be called forth to suppress insurrections. Nor has the President any powers of "public necessity." He may exercise only the authority granted by the Constitution.
At the heart of his dissatisfaction with the Government is the Emancipation Proclamation. It "involves more mischief than the burning of the Temple of Ephesus, which immortalized the incendiary." He urges Congress to overturn "this unwarranted executive act." He argues that the Proclamation is "baseless as a military order" and without constitutional authority. Similarly Congress's Confiscation Act is unconstitutional-- a bill of attainder and ex post facto law, more worthy of a Caligula than an American Congress. Baird, a lawyer and formerly a judge in Pennsylvania, provides precedent and historical examples to buttress his arguments.
Bartlett 248. Sabin 2810. Item #29241

Price: $175.00

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