From Taylor to Lincoln slavery dominated all other questions. Taylor was a Southern man and a slaveholder, and by his course on the Compromise measures attracted the favor of antislavery men; while Fillmore of New York, who succeeded this second President to die in office, and who exerted the power of the Administration to secure the passage of Clay's Compromise and signed the Fugitive Slave Law, had but a small political following at the North. Pierce and Buchanan were weak, the more positive men in their Cabinets and in the Senate swayed them. For a part of both of their terms the House of Representatives was controlled by the opposition, the Senate remaining Democratic. These circumstances are evidence both of the length of time required to change the political complexion of the Senate and of the increasing power of the North, which was dominant in the popular House. For the decade before the Civil War we should study the Senate, the House of Representatives, the Supreme Court, the action of the states, and popular sentiment. The executive is still powerful, but he is powerful because he is the representative of a party or faction which dictates the use that shall be made of his constitutional powers. The presidential office loses interest: irresolute men are in the White House, strong men everywhere else.
Lincoln is inaugurated President; the Civil War ensues, and with it an extraordinary development of the executive power. It is an interesting fact that the ruler of a republic which sprang from a resistance to the English king and Parliament should exercise more arbitrary power than any Englishman since Oliver Cromwell, and that many of his acts should be worthy of a Tudor. Lincoln was a good lawyer who reverenced the Constitution and the laws, and only through necessity assumed and exercised extra-legal powers, trying at the same time to give to these actions the color of legality. Hence his theory of the war power of the Constitution, which may be construed to permit everything necessary to carry on the war. Yet his dictatorship was different from Cæsar's and different from the absolute authority of Napoleon. He acted under the restraints imposed by his own legal conscience and patriotic soul, whose influence was revealed in his confidential letters and talks. We know furthermore that he often took counsel of his Cabinet officers before deciding matters of moment. Certain it is that in arbitrary arrests Seward and Stanton were disposed to go further than Lincoln. The spirit of arbitrary power was in the air, and unwise and unjust acts were done by subordinates, which, although Lincoln would not have done them himself, he deemed it better to ratify than to undo. This was notably the case in the arrest of Vallandigham. Again, Congress did not always do what Lincoln wished, and certain men of his own party in Congress were strong enough to influence his actions in various ways. But, after all, he was himself a strong man exercising comprehensive authority; and it is an example of the flexibility of the Constitution that, while it surely did not authorize certain of Lincoln's acts, it did not expressly forbid them. It was, for example, an open question whether the Constitution authorized Congress or the President to suspend the writ of _habeas corpus_.