lincoln on trial southern civilians and the law of war

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Lincoln On Trial

Author : Burrus M. Carnahan
ISBN : 9780813139449
Genre : History
File Size : 87. 97 MB
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In light of recent controversies and legal actions related to America's treatment of enemy prisoners in the Middle East and Guantánamo Bay, the regulation of government during wartime has become a volatile issue on the global scene. By today's standards, Lincoln's adherence to the laws of war could be considered questionable, and his critics, past and present, have not hesitated to charge that he was a war criminal. In Lincoln on Trial: Southern Civilians and the Law of War, Burrus M. Carnahan conducts an extensive analysis of Lincoln's leadership throughout the Civil War as he struggled to balance his own humanity against the demands of his generals. Carnahan specifically scrutinizes Lincoln's conduct toward Southerners in light of the international legal standards of his time as the president wrestled with issues that included bombardment of cities, collateral damage to civilians, seizure and destruction of property, forced relocation, and the slaughter of hostages. Carnahan investigates a wide range of historical materials from accounts of the Dahlgren raid to the voices of Southern civilians who bore the brunt of extensive wartime destruction. Through analysis of both historic and modern standards of behavior in times of war, a sobering yet sympathetic portrait of one of America's most revered presidents emerges.

Loathing Lincoln

Author : John McKee Barr
ISBN : 9780807153857
Genre : History
File Size : 71. 14 MB
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While most Americans count Abraham Lincoln among the most beloved and admired former presidents, a dedicated minority has long viewed him not only as the worst president in the country's history, but also as a criminal who defied the Constitution and advanced federal power and the idea of racial equality. In Loathing Lincoln, historian John McKee Barr surveys the broad array of criticisms about Abraham Lincoln that emerged when he stepped onto the national stage, expanded during the Civil War, and continued to evolve after his death and into the present. The first panoramic study of Lincoln's critics, Barr's work offers an analysis of Lincoln in historical memory and an examination of how his critics -- on both the right and left -- have frequently reflected the anxiety and discontent Americans felt about their lives. From northern abolitionists troubled by the slow pace of emancipation, to Confederates who condemned him as a "black Republican" and despot, to Americans who blamed him for the civil rights movement, to, more recently, libertarians who accuse him of trampling the Constitution and creating the modern welfare state, Lincoln's detractors have always been a vocal minority, but not one without influence. By meticulously exploring the most significant arguments against Lincoln, Barr traces the rise of the president's most strident critics and links most of them to a distinct right-wing or neo-Confederate political agenda. According to Barr, their hostility to a more egalitarian America and opposition to any use of federal power to bring about such goals led them to portray Lincoln as an imperialistic president who grossly overstepped the bounds of his office. In contrast, liberals criticized him for not doing enough to bring about emancipation or ensure lasting racial equality. Lincoln's conservative and libertarian foes, however, constituted the vast majority of his detractors. More recently, Lincoln's most vociferous critics have adamantly opposed Barack Obama and his policies, many of them referencing Lincoln in their attacks on the current president. In examining these individuals and groups, Barr's study provides a deeper understanding of American political life and the nation itself.

Lincoln The Law And Presidential Leadership

Author : Charles M. Hubbard
ISBN : 9780809334551
Genre : History
File Size : 32. 27 MB
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From his early years as a small-town lawyer through his rise to the presidency, Abraham Lincoln respected the rule of law. Secession and the Civil War, however, led him to expand presidential power in ways that, over time, transformed American society. In this incisive essay collection, recognized scholars from a variety of academic disciplines—including history, political science, legal studies, and journalism—explore Lincoln’s actions as president and identify within his decision-making process his commitment to law and the principles of the Constitution. In so doing, they demonstrate how wartime pressures and problems required that Lincoln confront the constitutional limitations imposed on the chief executive, and they expose the difficulty and ambiguity associated with the protection of civil rights during the Civil War. The volume’s contributors not only address specific situations and issues that assisted in Lincoln’s development of a new understanding of law and its application but also show Lincoln’s remarkable presidential leadership. Among the topics covered are civil liberties during wartime; presidential pardons; the law and Lincoln’s decision-making process; Lincoln’s political ideology and its influence on his approach to citizenship; Lincoln’s defense of the Constitution, the Union, and popular government; constitutional restraints on Lincoln as he dealt with slavery and emancipation; the Lieber codes, which set forth how the military should deal with civilians and with prisoners of war; the loyalty (or treason) of government employees, including Lincoln’s domestic staff; and how Lincoln’s image has been used in presidential rhetoric. Although varied in their strategies and methodologies, these essays expand the understanding of Lincoln’s vision for a united nation grounded in the Constitution. Lincoln, the Law, and Presidential Leadership shows how the sixteenth president’s handling of complicated legal issues during the Civil War, which often put him at odds with the Supreme Court and Congress, brought the nation through the war intact and led to a transformation of the executive branch and American society.

Lincoln And Leadership

Author : Randall M. Miller
ISBN : 9780823243440
Genre : Biography & Autobiography
File Size : 65. 82 MB
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Published in collaboration with the Abraham Lincoln Foundation of the Union League of Philadelphia.

Lincoln S Code

Author : John Fabian Witt
ISBN : 9781416570127
Genre : History
File Size : 27. 45 MB
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Pulitzer Prize Finalist Bancroft Prize Winner ABA Silver Gavel Award Winner A New York Times Notable Book of the Year In the closing days of 1862, just three weeks before Emancipation, the administration of Abraham Lincoln commissioned a code setting forth the laws of war for US armies. It announced standards of conduct in wartime—concerning torture, prisoners of war, civilians, spies, and slaves—that shaped the course of the Civil War. By the twentieth century, Lincoln’s code would be incorporated into the Geneva Conventions and form the basis of a new international law of war. In this deeply original book, John Fabian Witt tells the fascinating history of the laws of war and its eminent cast of characters—Washington, Jefferson, Franklin, Madison, and Lincoln—as they crafted the articles that would change the course of world history. Witt’s engrossing exploration of the dilemmas at the heart of the laws of war is a prehistory of our own era. Lincoln’s Code reveals that the heated controversies of twenty-first-century warfare have roots going back to the beginnings of American history. It is a compelling story of ideals under pressure and a landmark contribution to our understanding of the American experience.

Act Of Justice

Author : Burrus Carnahan
ISBN : 9780813172736
Genre : History
File Size : 20. 20 MB
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In his first inaugural address, Abraham Lincoln declared that as president he would “have no lawful right” to interfere with the institution of slavery. Yet less than two years later, he issued a proclamation intended to free all slaves throughout the Confederate states. When critics challenged the constitutional soundness of the act, Lincoln pointed to the international laws and usages of war as the legal basis for his Proclamation, asserting that the Constitution invested the president “with the law of war in time of war.” As the Civil War intensified, the Lincoln administration slowly and reluctantly accorded full belligerent rights to the Confederacy under the law of war. This included designating a prisoner of war status for captives, honoring flags of truce, and negotiating formal agreements for the exchange of prisoners—practices that laid the intellectual foundations for emancipation. Once the United States allowed Confederates all the privileges of belligerents under international law, it followed that they should also suffer the disadvantages, including trial by military courts, seizure of property, and eventually the emancipation of slaves. Even after the Lincoln administration decided to apply the law of war, it was unclear whether state and federal courts would agree. After careful analysis, author Burrus M. Carnahan concludes that if the courts had decided that the proclamation was not justified, the result would have been the personal legal liability of thousands of Union officers to aggrieved slave owners. This argument offers further support to the notion that Lincoln’s delay in issuing the Emancipation Proclamation was an exercise of political prudence, not a personal reluctance to free the slaves. In Act of Justice, Carnahan contends that Lincoln was no reluctant emancipator; he wrote a truly radical document that treated Confederate slaves as an oppressed people rather than merely as enemy property. In this respect, Lincoln’s proclamation anticipated the psychological warfare tactics of the twentieth and twenty-first centuries. Carnahan’s exploration of the president’s war powers illuminates the origins of early debates about war powers and the Constitution and their link to international law.

Abraham Lincoln And Treason In The Civil War

Author : Jonathan W. White
ISBN : 9780807142158
Genre : Biography & Autobiography
File Size : 41. 8 MB
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In the spring of 1861, Union military authorities arrested Maryland farmer John Merryman on charges of treason against the United States for burning railroad bridges around Baltimore in an effort to prevent northern soldiers from reaching the capital. From his prison cell at Fort McHenry, Merryman petitioned Chief Justice of the Supreme Court Roger B. Taney for release through a writ of habeas corpus. Taney issued the writ, but President Abraham Lincoln ignored it. In mid-July Merryman was released, only to be indicted for treason in a Baltimore federal court. His case, however, never went to trial and federal prosecutors finally dismissed it in 1867. In Abraham Lincoln and Treason in the Civil War, Jonathan White reveals how the arrest and prosecution of this little-known Baltimore farmer had a lasting impact on the Lincoln administration and Congress as they struggled to develop policies to deal with both northern traitors and southern rebels. His work exposes several perennially controversial legal and constitutional issues in American history, including the nature and extent of presidential war powers, the development of national policies for dealing with disloyalty and treason, and the protection of civil liberties in wartime.

Borderline

Author : Stan Goff
ISBN : 9781630878535
Genre : Religion
File Size : 88. 87 MB
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What if the sanctification of war and contempt for women are both grounded in a fear that breeds hostility, and a hostility that rationalizes conquest? The anti-Gospel Christian history of war-loving and women-hating are not merely similar but two aspects of the same dynamic, argues Stan Goff, in an "autobiography" that spans millennia. Borderline is the historical and conceptual autobiography of a former career army veteran transformed by Jesus into a passionate advocate for nonviolence, written by a man who narrates his conversion to Christianity through feminism.

West Virginia History

Author :
ISBN : OSU:32435083779413
Genre : West Virginia
File Size : 40. 19 MB
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Lincoln S Forgotten Ally

Author : Leonard, Elizabeth
ISBN : 9780807835005
Genre : History
File Size : 56. 68 MB
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This manuscript is the first biography of Joseph Holt, the U.S. Army's Judge Advocate General during the Civil War. Leonard argues that Holt has been portrayed as more or less a caricature of himself, flatly represented as the brutal prosecutor of Lincoln's assassins and the judge who allowed Mary Surratt to be hanged despite knowing her sentence had been reduced. Leonard contends that the southern view of Holt became the predominant way we see him, in large part because the memory perpetrated by the Lost Cause defined Holt as ruthless toward Southerners and the South. But Leonard argues that there is much more to Holt than what sympathizers with the Lost Cause came to think of him, and she tells his story here, from his early life in Kentucky to his wartime life as a member of Lincoln's administration to his postwar life as the prosecutor of Lincoln's assassins. Perhaps most important, Leonard will look at the erasure of Holt from American memory and investigate how such a significant figure has come to be so widely misunderstood.

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