The Fate of Liberty: Abraham Lincoln and Civil Liberties

By Mark E. Neely Jr. | Go to book overview

8

The Irrelevance of the
Milligan Decision

After General John A. Dix produced his controversial ruling on military commissions while reviewing the cases of blockade-runners, he told General Halleck that he would like to hear Francis Lieber's answer to the key question: "Can any military court or commission, in a department not under martial law, take cognizance of, and try a citizen for, any violation of the law of war, such citizen not being connected in any wise with the military service of the United States?" The political-science professor's answer differed from the negative opinion of the Dix commission:

. . .undoubtedly a citizen under these conditions can, or rather must, be tried by military courts, because there is no other way to try him and repress the crime which may endanger the whole country; it is very difficult to say how far martial law extends, in cases of great danger arising out of war; and ... it must never be forgotten that the whole country is always at war with the enemy; that is to say, every citizen is an enemy to the opposing belligerent, and that there is in case of war -- especially in a free country where no "cabinet wars" are carried on -- by no means that distinction between soldier and citizen which many people either believe to exist or desire -- as though the citizen could quietly carry on all possible mischief with reference to the army, which is in fact his own army, and with reference to the war, which is as much his war as that of the army.

In stressing the difficulty in measuring "how far martial law extends," Lieber approached the formal constitutional doctrine of the Lincoln administration, to the degree it had one. The president, when confronted by the argument that military arrests should not be made "outside of the lines of necessary military occupation, and the scenes of insurrection," replied in the Corning letter that they were "constitutional wherever the public safety does require them... as well where they may restrain mischievous interference with the

-160-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
The Fate of Liberty: Abraham Lincoln and Civil Liberties
Table of contents

Table of contents

  • Title Page iii
  • Acknowledgments vii
  • Contents ix
  • Introduction xi
  • 1 - Actions Without Precedent 3
  • 2 - Missouri and Martial Law 32
  • 3 - Low Tide for Liberty 51
  • 4 - Arrests Move South 75
  • 5 - The Dark Side of the Civil War 93
  • 6 - Numbers and Definitions 113
  • 7 - The Revival of International Law 139
  • 8 - The Irrelevance of the Milligan Decision 160
  • 9 - The Democratic Opposition 185
  • 10 - Lincoln and the Constitution 210
  • Epilogue 223
  • Notes 237
  • Index of Prisoners of State 269
  • Index 273
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen
/ 278

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.