"the President shall forthwith by proclamation command such insurgents to disperse and retire peaceably to their respective abodes within a limited time."
In 1794 George Washington put his proclaimation from Pennslyvania insurgents to disperse before he ever called forth the militias of other states, Lincoln, in the body of his proclamation, called the militias first and then called from the dispersement of insurgents by a certain date. There is a difference here of execution of law and respect to states rights. Washington gave the insurgents 25 days, and then waited another 25 days before calling for the militia to put down the Whiskey Rebellion on September 25, 1794.
"Whereas it is in my judgment necessary under the circumstances of the case to take measures for calling forth the militia in order to suppress the combinations aforesaid, and to cause the laws to be duly executed; and I have accordingly determined so to do, feeling the deepest regret for the occasion, but withal the most solemn conviction that the essential interests of the Union demand it, that the very existence of Government and the fundamental principles of social order are materially involved in the issue, and that the patriotism and firmness of all good citizens are seriously called upon, as occasions may require, to aid in the effectual suppression of so fatal a spirit:
Wherefore, and in pursuance of the proviso above recited, I, George Washington, President of the United States, do hereby command all persons being insurgents as aforesaid, and all others whom it may concern, on or before the 1st day of September next to disperse and retire peaceably to their respective abodes. And I do moreover warn all persons whomsoever against aiding, abetting, or comforting the perpetrators of the aforesaid treasonable acts, and do require all officers and other citizens, according to their respective duties and the laws of the land, to exert their utmost endeavors to prevent and suppress such dangerous proceedings.
In testimony whereof I have caused the seal of the United States of America to be affixed to these presents, and signed the same with my hand.
Done at the city of Philadelphia, the 7th day of August, 1794, and of the Independence of the United States of America the nineteenth.
GO. WASHINGTON.
By the President:"
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"Whereas the laws of the United States have been for some time past and now are opposed and the execution thereof obstructed in the States of South Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana, and Texas by combinations too powerful to be suppressed by the ordinary course of judicial proceedings or by the powers vested in the marshals by law:
Now, therefore, I, Abraham Lincoln, President of the United States in virtue of the power in me vested by the Constitution and the laws, have thought fit to call forth, and hereby do call forth, the militia of the several States of the Union, to the aggregate number of 75,000, in order to suppress said combinations and to cause the laws to be duly executed.
The details of this object will be immediately communicated to the State authorities through the War Department.
I appeal to all loyal citizens to favor, facilitate, and aid this effort to maintain the honor, the integrity, and the existence of our National Union, and the perpetuity of popular government, and to redress wrongs already long enough endured.
I deem it proper to say that the first service assigned to the forces hereby called forth will probably be to repossess the forts, places, and property which have been seized from the Union, and in every event the utmost care will be observed, consistently with the objects aforesaid, to avoid any devastation, any destruction of or interference with property, or any disturbance of peaceful citizens in any part of the country.
And I hereby command the persons composing the combinations aforesaid to disperse and retire peaceably to their respective abodes within twenty days from date.
Deeming that the present condition of public affairs presents an extraordinary occasion, I do hereby, in virtue of the power in me vested by the Constitution, convene both houses of Congress.
Senators and Representatives are therefore summoned to assemble at their respective chambers at twelve o'clock noon on Thursday, the fourth day of July next, then and there to consider and determine such measures as in their wisdom the public safety and interest may seem to demand.
In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed.
Done at the city of Washington this fifteenth day of April, in the year of our Lord one thousand eight hundred and sixty-one, and of the Independence of the United States the eighty-fifth.
ABRAHAM LINCOLN."
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Which had the better judgment and temperament; the Illinois lawyer or the old Virginia war horse? Washington in his proclamations consistently stated his regrets to use military force, Lincoln seemed to be chomping at the bit.
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David Upton