My question remains unanswered.  Why this intense focus on Lincoln's faults?
Why do thinkers of a conservative bent lambaste Lincoln for using
power to prevent the Confederacy from surviving, but not Polk for
fabricating a war with Mexico, or even FDR from arresting an entire
racial/ethnic group as a war measure.
  I have arrived at the conclusion that Yojsouth will not engage this
question.

Date sent:              Thu, 06 Mar 2003 13:40:26 -0500 (EST)
From:                   [log in to unmask]
Subject:                Re: The Constitution, Lincoln and the Rebellion
To:                     [log in to unmask]
Send reply to:          Discussion of research and writing about Virginia history
        <[log in to unmask]>

>         I thought the discussion was Lincoln the man.  Actions by others
> perhaps equally lawless don't validate his actions.  The Constitution
> (Article 1, Section 9) clearly indicated that habeas corpus could only be
> suspended by an act of Congress.  Lincoln didn't care and began having
> people arrested with impunity.  When Chief Justice Taney took up the
> matter in Ex Parte Merryman in May of 1861 he upheld the position that
> Lincoln had no constitutional power to suspend habeas corpus, so what did
> Lincoln do............he issued a warrant for Taney's arrest under the
> authority of his suspension of habeas corpus (which fortunately the US
> Marshall had the good sense not to serve when he received it)!  I think
> the record is clear that Lincoln had serious contempt for the laws of the
> US in discharging his duties as president; impeachable contempt.  I also
> think this was as much a factor of his lack of experience and lack of
> electoral mandate as anything else.
>
> JDS
>
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Harold S. Forsythe
Assistant Professor History
Director:  Black Studies
Fairfield University
Fairfield, CT 06430-5195
(203) 254-4000  x2379

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