Once the South left the Union, Lincoln had free play with the Supreme
Court since there was no longer any southern resistance to his choices, which
is argued by some as one of the reasons he decided to act so precipitously in
starting the war.  Dred Scott was still stuck in the craw of many of his
abolitionist friends and advisors and there was little they could do about it
with the power in Congress of the southern block of politicians in approving
or rejecting court appointees.  Nope, Lincoln knew that he lacked the power
to issue the EP, but did it anyway in the hope that events would later cover
his tracks.  He obviously didn't anticipate that John Wilkes Booth would
ultimately come to his assistance in this regard in such a horrific and
tragic manner.

       Don't believe me.   I will be pleased to send you the Hodges letter
from the Lincoln archives at the National Archives.  I find it interesting
that anyone would argue in clear contradiction of Lincoln's own admission on
the constitutionality of the EP.  Whether Lincoln was correct in his
assessment isn't really the issue.....it is his actions in spite of his
belief, and in light of his oath to uphold the Constitution and the laws of
the US.

JDS

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