Whereas the act of Congress approved the 3d day of March, A. D. 1863, entitled "An act to provide circuit courts for the districts of California and Oregon, and for other purposes," authorized the appointment of one additional associate justice of the Supreme Court of the United States, and provided that the districts of California and Oregon should constitute the tenth circuit and that the other circuits should remain as then constituted by law; and Whereas Stephen J. Field was appointed the said additional associate justice of the Supreme Court since the last adjournment of said court, and consequently he was not allotted to the said circuit according to the fifth section of the act of Congress entitled "An act to amend the judicial system of the United States," approved the 29th day of April, 1802: Now I, Abraham Lincoln, President of the United States, under the authority of said section, do allot the said associate justice, Stephen J. Field, to the said tenth circuit. ABRAHAM LINCOLN. Attest: TITIAN J. COFFEY, Attorney-General ad interim.
Presidential Order
⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02)
📜 Art. II §1: Executive Discretion & Internal Operations
Executive Order
Executive Brief • At a Glance
⏱️ 1 min read (174 words) •
● In Effect
🎯 Primary Mandate
Whereas the act of Congress approved the 3d day of March, A. D. 1863, entitled "An act to provide circuit courts for the districts of California and Oregon, and for other purposes," authorized the appointment of one additional associate justice of the Supreme Court of the United States, and provided that the districts of California and Oregon should constitute the tenth circuit and that the other circuits should remain as then constituted by law; and Whereas Stephen J. Field was appointed the said additional associate justice of the Supreme Court since the last adjournment of said court, and consequently he was not allotted to the said circuit according to the fifth section of the act of Congress entitled "An act to amend the judicial…
⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 Art. II §1: Executive Discretion & Internal Operations
🏛️ Scope & Affected Sectors
Executive Branch Departments General Body of the People
Plain-English Translation & Framers' Constitutional Analysis
Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.
Signed by President Abraham Lincoln on June 22, 1863, this order reads: Whereas the act of Congress approved the 3d day of March, A. D. 1863, entitled "An act to provide circuit courts for the districts of California and Oregon, and for other purposes," authorized the appointment of one additional associate justice of the Supreme Court of the United States, and provided that the districts of California and Oregon should constitute the tenth circuit and that the other circuits should…
Constitutional Assessment: This action represents an orderly exercise of Article II administrative discretion, managing the internal machinery and personnel of the executive branch without abridging the ancient liberties of the people.
Key Directives & Operative Actions
▪
Whereas the act of Congress approved the 3d day of March, A. D. 1863, entitled "An act to provide circuit courts for the districts of California and Oregon, and for other purposes," authorized the appointment of one additional associate justice of the Supreme Court of the United States, and provided that the districts of California and Oregon should constitute the tenth circuit and that the other circuits should remain as then constituted by law; and Whereas Stephen J. Field was appointed the said additional associate justice of the Supreme Court since the last adjournment of said court, and consequently he was not allotted to the said circuit according to the fifth section of the act of Congress entitled "An act to amend the judicial…
Constitutional & Societal Entities Impacted
🏛️ Executive Branch Departments
🏛️ General Body of the People
Policy Areas & Topics
🏛️
The Framers' Constitutional Council
1787 PrismEvaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.
⚖️✨ Zone 2 (Zone of Twilight)
§
"When the President acts in absence of either a congressional grant or denial of authority, he can only rely upon his own independent powers, but there is a zone of twilight in which he and Congress may have concurrent authority."
— Justice Robert H. Jackson, Youngstown Sheet & Tube Co. v. Sawyer (1952) Concurrent Authority / Congressional Silence
JM
James Madison
Separation of Powers & Legislative Primacy
"Power is of an encroaching nature, and it ought to be effectually restrained from passing the limits assigned to it." — Federalist No. 48 (1788)
Madison would view this order with watchful scrutiny. Operating in the 'Zone of Twilight' where Congress is silent, each such directive establishes an administrative precedent that steadily expands the executive perimeter at the expense of legislative primacy.
Madisonian Stance: Vigilant / Cautionary
AH
Alexander Hamilton
The Energetic Executive & Unified Command
"A feeble Executive implies a feeble execution of the government; and a government ill executed, whatever it may be in theory, must be, in practice, a bad government." — Federalist No. 70 (1788)
Hamilton would view this directive as the natural and indispensable functioning of administrative leadership. Without the power to coordinate agencies, manage personnel, and resolve operational ambiguities, the modern presidency would be reduced to an impotent figurehead.
Hamiltonian Stance: Defends Vigor & Dispatch
GM
George Mason
Bill of Rights, Due Process & 10th Amendment
"The president will be surrounded by flatterers and sycophants... and the great powers of the executive will gradually absorb the liberties of the people." — Cato IV (Anti-Federalist, 1787)
The Anti-Federalist prism advises continuous democratic vigilance. Even routine administrative directives aggregate centralized federal power away from town halls and state assemblies toward a distant executive apparatus.
Anti-Federalist Stance: Eternal Vigilance Required
📐
Five Measurable "Constitutional Friction" Dimensions
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
⚖️ Discretionary Twilight Zone
30 / 100 friction index
Dimension 1 • Art. I, §1 & §8
Low Friction
Legislative Encroachment & Purse
Operates within delegated statutory execution without modifying legislative appropriations or taxing powers.
Benchmark: Power of the purse, taxes/tariffs, and rule of law reserved to Congress.
Dimension 2 • Art. II, §1 & §3
Low Friction
Executive Scope & Faithfulness
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Benchmark: Faithfully execute laws enacted by Congress vs. unilateral decree.
Dimension 3 • 10th Amendment
Moderate Friction
Federalism & State Sovereignty
Engages state and local partners in cooperative federalism programs.
Benchmark: Police powers and un-delegated responsibilities reserved to the States.
Dimension 4 • 5th & 14th Amendments
Low Friction
Due Process & Individual Rights
Focuses on internal governmental operations with no direct impairment of private rights or property.
Benchmark: Protection of private property, contracts, liberty, and procedural justice.
Dimension 5 • Separation of Powers
Moderate Friction
Youngstown Jacksonian Tier
The order relies on inherent Article II executive discretion, civil service management, or foreign diplomacy where Congress has neither expressly approved nor prohibited action.
Benchmark: Concurrent Authority / Congressional Silence
⚖️
Audit Synthesis
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
Weighted composite: Art. I (25%), Art. II (25%), Federalism (15%), Due Process (15%), Youngstown (20%).
ℹ️
How to read these dimensions: Executive power expands whenever an administration acts without explicit statutory authorization from Congress (Article I), touches upon police powers historically reserved to the states (Tenth Amendment), or limits private rights and property without judicial process. A low friction score indicates strict concordance with enacted law; a high friction score highlights orders testing the limits of presidential discretion.
Total Words
174
1,059 characters
Estimated Read Time
1 min
@ 200 words / min
Flesch-Kincaid
15.2
College Level
Text size:
Related Executive Orders
Other executive actions signed by Abraham Lincoln around this period.
Order
Jul 4, 1863
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order
📜 Art. II §2: Commander-in-Chief Supervisory Authority
The President announces to the country that news from the Army of the Potomac up to 10 o'clock p.m. of the 3d is such as to cover that army with the highest honor, to promise a great success to the cause of the Union, and to claim the condolence of all for the many gallant…
Abraham Lincoln Post-Graduate Legal • 1m
Order
Jul 9, 1863
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Ordered, That the appointment of John S. Phelps as military governor of the State of Arkansas and of Amos F. Eno as secretary be revoked, and the office of military governor in said State is abolished, and that all authority, appointments, and power heretofore granted to and…
Abraham Lincoln High School • 1m
Order
Jul 25, 1863
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Hon. SECRETARY OF THE NAVY. SIR: Certain matters have come to my notice, and considered by me, which induce me to believe that it will conduce to the public interest for you to add to the general instructions given to our naval commanders in relation to contraband trade…
Abraham Lincoln College Level • 2m
Order
Jul 30, 1863
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order—Retaliation
📜 Art. II §2: Commander-in-Chief Supervisory Authority
It is the duty of every government to give protection to its citizens, of whatever class, color, or condition, and especially to those who are duly organized as soldiers in the public service.
Abraham Lincoln Post-Graduate Legal • 1m
Order
Aug 25, 1863
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Ordered , first. That clearances issued by the Treasury Department for vessels or merchandise bound for the port of New Orleans for the military necessities of the department, certified by Brigadier-General Shepley, the military governor of Louisiana, shall be allowed to enter…
Abraham Lincoln Post-Graduate Legal • 1m
Order
Aug 31, 1863
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Ordered . That the Executive order of November 21, 1862, prohibiting the exportation of arms, ammunition, or munitions of war from the United States, be, and the same hereby is. modified so far as to permit the exportation of imported arms, ammunition, and munitions of war to…
Abraham Lincoln High School • 1m
📜
Scholarly & Legal Citations
Exec. Order (June 22, 1863), https://executiveordersarchive.org/orders/app-executive-order-479.
