It says absolutely nothing about the Federal government having the power to use military force to coerce a State to REMAIN in the Union.
It doesnt have to Toad. What it does say in effect is that in extraordinary times the President (in the absence of a sitting Congress) can take upon himself such 'special' powers as are required to deal with whatever peril exists.
During the early stages of his term there were shootings and killings in the State of Maryland. Lincoln knew that if this sort of thing continued unabated that Maryland could very well secede. He acted quickly in the absence of Congress and Senate with the writ. Had Maryland fallen the very seat of Government would have been in enemy territory. You say this is illegal? Hardly. As I stated before this was covered in the Constitution and when Congress returned to session the writ was ratified. No illegality.
In the period before the return of Congress a Supreme Court judge insisted that this was a violation of the Constitution. There was no case before the court and the Justice was in fact acting out of sentiment for his home state. Lincoln ignored him. After all even though the Supreme Court has the duty to hand down decisions upon cases brought before it (even had this been a case) it is powerless to enforce its decisions. No illegality.
The South eventually invaded Maryland and played the state song as they marched about in the hope that they would appeal to a sense of secession. Their ploy failed in whole because of Lincolns action with the writ. An act for which Congress ratified the decision. No illegality.
Spies were about the country. They moved within the forces of our own government and military. It was impossible to determine who was friend and who was foe. Lincoln empowered the Pinkerton firm to act as a Secret Service under the Legislative Branch. This too could be seen as an excessive use of office and many voices were heard in argument against such an organization. Congress thought otherwise and granted funds as needed. No illegality.
Today it is excepted that a Senator Congressman newspaperman or citizen can criticize a sitting President any time they like (upon foreign soils for instance). Not only is this a bad idea it is illegal and a form of treason. People today refuse to use the term but treason it is especially in a time of war. That people had their rights stripped from them and that individuals were deported for treason should be no surprise. Today of course we allow treasonous actions (Jane Fonda Al Gore and John Kerry just to name a few). All three and Pelosi too should be locked away in a Fort McHenry-like place and it wouldnt be illegal.
(Fort McHenry held newspapermen Congressmen and even a Judge during the war; not to mention other people awaiting their execution).
