Whereas by an Executive order of the 10th of November last permission was given to export certain tobacco belonging to the French Government from insurgent territory, which tobacco was supposed to have been purchased and paid for prior to the 4th day of March, 1861; but whereas it was subsequently ascertained that a part at least of the said tobacco had been purchased subsequently to that date, which fact made it necessary to suspend the carrying into effect of the said order; but whereas, pursuant to mutual explanations, a satisfactory understanding upon the subject has now been reached, it is directed that the order aforesaid may be carried into effect, it being understood that the quantity of French tobacco so to be exported shall not exceed 7,000 hogsheads, and that it is the same tobacco respecting the exportation of which application was originally made by the French Government. ABRAHAM LINCOLN.
Presidential Order
⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02)
📜 Art. II §1: Executive Discretion & Internal Operations
Executive Order—Exportation of Tobacco Belonging to the French Government
Executive Brief • At a Glance
⏱️ 1 min read (150 words) •
● In Effect
🎯 Primary Mandate
Whereas by an Executive order of the 10th of November last permission was given to export certain tobacco belonging to the French Government from insurgent territory, which tobacco was supposed to have been purchased and paid for prior to the 4th day of March, 1861; but whereas it was subsequently ascertained that a part at least of the said tobacco had been purchased subsequently to that date, which fact made it necessary to suspend the carrying into effect of the said order; but whereas, pursuant to mutual explanations, a satisfactory understanding upon the subject has now been reached, it is directed that the order aforesaid may be carried into effect, it being understood that the quantity of French tobacco so to be exported shall not…
⚖️ 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 March 7, 1864, this order concerns Exportation of Tobacco Belonging to the French Government. Whereas by an Executive order of the 10th of November last permission was given to export certain tobacco belonging to the French Government from insurgent territory, which tobacco was supposed to have been purchased and paid for prior to the 4th day of March, 1861; but whereas it was subsequently ascertained that a part at least of the said tobacco had been purchased subsequently to that date, which fact made it…
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 by an Executive order of the 10th of November last permission was given to export certain tobacco belonging to the French Government from insurgent territory, which tobacco was supposed to have been purchased and paid for prior to the 4th day of March, 1861; but whereas it was subsequently ascertained that a part at least of the said tobacco had been purchased subsequently to that date, which fact made it necessary to suspend the carrying into effect of the said order; but whereas, pursuant to mutual explanations, a satisfactory understanding upon the subject has now been reached, it is directed that the order aforesaid may be carried into effect, it being understood that the quantity of French tobacco so to be exported shall not…
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
26 / 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
Low Friction
Federalism & State Sovereignty
Confined strictly to internal federal jurisdiction, federal property, or direct military command.
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
150
914 characters
Estimated Read Time
1 min
@ 200 words / min
Flesch-Kincaid
62.7
Post-Graduate Legal
Text size:
Related Executive Orders
Other executive actions signed by Abraham Lincoln around this period.
Order
Mar 7, 1864
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order
📜 Art. II §2: Commander-in-Chief Supervisory Authority
In pursuance of the provisions of section 14 of the act of Congress entitled "An act to aid in the construction of a railroad and telegraph line from the Missouri River to the Pacific Ocean, and to secure to the Government the use of the same for postal, military, and other…
Abraham Lincoln Post-Graduate Legal • 1m
Order
Mar 10, 1864
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order—Assigning U.S. Grant to the Command of the Armies of the United States
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Under the authority of an act of Congress to revive the grade of lieutenant-general in the United States Army, approved February 29, 1864, Lieutenant-General Ulysses S. Grant, United States Army, is assigned to the command of the armies of the United States. ABRAHAM LINCOLN.
Abraham Lincoln College Level • 1m
Order
Mar 12, 1864
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order
📜 Art. II §2: Commander-in-Chief Supervisory Authority
GENERAL ORDERS, NO. 98. WAR DEPARTMENT, ADJUTANT-GENERAL'S OFFICE, WASHINGTON , March 12, 1864. The President of the United States orders as follows: I. Major-General H. W. Halleck is, at his own request, relieved from duty as General in Chief of the Army, and…
Abraham Lincoln High School • 1m
Order
Mar 14, 1864
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order—Calling for 200,000 Men
📜 Art. II §2: Commander-in-Chief Supervisory Authority
In order to supply the force required to be drafted for the Navy and to provide an adequate reserve force for all contingencies, in addition to the 500,000 men called for February 1, 1864, a call is hereby made and a draft ordered for 200,000 men for the military service (Army…
Abraham Lincoln High School • 1m
Order
Feb 26, 1864
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order—Deserters Death Sentences Remitted
📜 Art. II §2: Commander-in-Chief Supervisory Authority
The President directs that the sentences of all deserters who have been condemned by court-martial to death, and that have not been otherwise acted upon by him, be mitigated to imprisonment during the war at the Dry Tortugas, Florida, where they will be sent under suitable…
Abraham Lincoln College Level • 1m
Order
Apr 2, 1864
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order
📜 10th Amend: Intergovernmental Federalism Cooperation
Ordered, That the Executive order of September 4, 1863, in relation to the exportation of live stock from the United States, be so extended as to prohibit the exportation of all classes of salted provisions from any part of the United States to any foreign port, except that…
Abraham Lincoln Post-Graduate Legal • 1m
📜
Scholarly & Legal Citations
Exec. Order, Exportation of Tobacco Belonging to the French Government (Mar. 7, 1864), https://executiveordersarchive.org/orders/app-executive-order-exportation-tobacco-belonging-the-french-government.
