others. But though the day of gross absurdities was over, the era of advice endured permanently. That peculiar national trait whereby every American knows at least as much on every subject whatsoever as is known by any other living man, produced its full results during the war. Every clergyman and humanitarian, every village politician and every city wire-puller, every one who conned the maps of Virginia and imbibed the military wisdom of the newspapers, every merchant who put his name to a subscription paper, considered it his privilege and his duty to set the President right upon every question of moral principle, of politics, of strategy, and of finance. In one point of view it was not flattering that he should seem to stand in need of so much instruction; and this was equally true whether it came bitterly, as criticism from enemies, or sugar-coated, as advice from friends. That friends felt obliged to advise so much was in itself a criticism. Probably, however, Mr. Lincoln was not troubled by this view, for he keenly appreciated the idiosyncrasies as well as the better qualities of the people. They, however, were a long while in understanding him sufficiently to recognize that there was never a man whom it was less worth while to advise.
Business crowded upon Mr. Lincoln, and the variety and novelty of it was without limit. On April 17 Jefferson Davis issued a proclamation offering "letters of marque and reprisal" to owners
of private armed vessels. Two days later the President retorted by proclaiming a blockade of Confederate ports.[[144]] Of course this could not be made effective upon the moment. On March 4 the nominal total of vessels in the navy was 90. Of these, 69 were classed as "available;" but only 42 were actually in commission; and even of these many were in Southern harbors, and fell into the hands of the Confederates; many more were upon foreign and distant stations. Indeed, the dispersion was so great that it was commonly charged as having been intentionally arranged by secessionist officials under Mr. Buchanan. Also, at the very moment when this proclamation was being read throughout the country, the great navy yard of Gosport, at Norfolk, Virginia, "always the favored depot" of the government, with all its workshops and a great store of cannon and other munitions, was passing into the hands of the enemy. Most of the vessels and some other property were destroyed by Federals before the seizure was consummated; nevertheless, the loss was severe. Moreover, even had all the vessels of the regular navy been present, they would have had other duties besides lying off Southern ports. Blockading squadrons, therefore, had to be improvised, and orders at once issued for the purchase and equipment of steam vessels from the merchant marine
and the coasting service. Fortunately the summer season was at hand, so that these makeshifts were serviceable for many months, during which better craft were rapidly got together by alteration and building. Three thousand miles of coast and many harbors were included within the blockade limits, and were distributed into departments under different commanders. Each commander was instructed to declare his blockade in force as soon as he felt able to make it tolerably effective, with the expectation of rapidly improving its efficiency. The beginning was, therefore, ragged, and was naturally criticised in a very jealous and hostile spirit by those foreign nations who suffered by it. Dangerous disputes threatened to arise, but were fortunately escaped, and in a surprisingly short time "Yankee" enterprise made the blockade too thorough for question.
Amid the first haste and pressure it was ingeniously suggested that, since the government claimed jurisdiction over the whole country and recognized only a rebellion strictly so called, therefore the President could by proclamation simply close ports at will. Secretary Welles favored this course, and in the extra session of the summer of 1861 Congress passed a bill giving authority to Mr. Lincoln to pursue it, in his discretion. Mr. Seward, with better judgment, said that it might be legal, but would certainly be unwise. The position probably could have been successfully maintained by lawyers before a bench of judges; but
to have relied upon it in the teeth of the commercial interests and unfriendly sentiment of England and France would have been a fatal blunder. Happily it was avoided; and the President had the shrewdness to keep within a line which shut out technical discussion. Already he saw that, so far as relations with foreigners were concerned, the domestic theory of a rebellion, pure and simple, must be very greatly modified. In a word, that which began as rebellion soon developed into civil war; the two were closely akin, but with some important differences.
Nice points of domestic constitutional law also arose with the first necessity for action, opening the broad question as to what course should be pursued in doubtful cases, and worse still in those cases where the government could not fairly claim the benefit of a real doubt. The plain truth was that, in a condition faintly contemplated in the Constitution, many things not permitted by the Constitution must be done to preserve the Constitution. The present crisis had been very scantily and vaguely provided for by "the fathers." The instant that action became necessary to save the Union under the Constitution, it was perfectly obvious that the Constitution must be stretched, transcended, and most liberally interlined, in a fashion which would furnish annoying arguments to the disaffected. The President looked over the situation, and decided, in the proverbial phrase, to take the bull by the horns; that which clearly ought to
be done he would do, law or no law, doubt or no doubt. He would have faith that the people would sustain him; and that the courts and the lawyers, among whose functions it is to see to it that laws and statutes do not interfere too seriously with the convenience of the community, would arrive, in what subtle and roundabout way they might choose, at the conclusion that whatever must be done might be done. These learned gentlemen did their duty, and developed the "war powers" under the Constitution in a manner equally ingenious, comical, and sensible. But the fundamental basis was, that necessity knows no law; every man in the country knew this, but the well-intentioned denied it, as matter of policy, while the ill-intentioned made such use of the opportunities thus afforded to them as might have been expected. Among the "war Democrats," however, there was at least ostensible liberality.
An early question related to the writ of habeas corpus. The Maryland legislature was to meet on April 26, 1861, and was expected to guide the State in the direction of secession. Many influential men urged the President to arrest the members before they could do this. He, however, conceived such an interference with a state government, in the present condition of popular feeling, to be impolitic. "We cannot know in advance," he said, "that the action will not be lawful and peaceful;" and he instructed General Scott to watch them, and, in case they should make a movement towards