Since the discussion is about a commander emancipating American slaves
during a conflict, I recognise  something of a parallel in an aspect of the
War of 1812 that I have been working on for a few years - some members of
this list have been helpful in my study of the four thousand who took their
freedom in the course of that war. When Vice-Admiral Sir Alexander Cochrane,
as incoming Commander in Chief on the Atlantic Station, issued his famous
proclamation on 2 April 1814, offering land and liberty to "all those who
may be disposed to emigrate from the United States" he did so to aid his
prosecution of the war, but at the same time appears to have believed he was
going beyond his authority. My reading of the correspondence suggests he was
within the bounds of his instructions, but he believed (rightly) that his
actions would upset a few people in the government. In the end, the refugees
had their freedom, and, by the Russian emperor's arbitration on the point,
their ex-masters had their compensation (though a British member of
parliament, and, I suspect, one or two Americans, thought it was the
ex-slaves who needed compensation). Somewhat distant in time, maybe, and two
completely disparate characters, but I was struck by the similarity of
Cochrane and Lincoln both apparently believing their emanciparory actions
were outside their legal powers.

John Weiss
Independent Scholar, London
See the history links at
http://homepage.virgin.net/john.weiss/mcnish-weiss.html



----- Original Message -----
From: "Anne Pemberton" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, February 27, 2003 1:34 AM
Subject: Re: The Constitution, Lincoln and the Rebellion


: I saw those words in the letter, but my interpretation is that he is
: explaining that while he went out on a limb with the emancipation
: proclamation that the EP would become lawful in it's enforcement and the
: event to come. Remember, this is a "turning point in history".
:
: Lincoln's procalamation was not tested by the supreme court before it
: became the law of the land with the constitutional amendments. This
: confirmed his action.
:
: In Lincoln's letter, he makes it clear that he felt he stepped out past
the
: solid ground, but so did Jefferson in the Louisiana Purchase, and Franklin
: Roosevelt with the New Deal. It's what presidents do! Lincoln's action was
: vindicated and approved by the nation.
:
:                                                  Anne
:
:
: At 07:55 PM 2/26/03 -0500, you wrote:
: >Interpret this for me, please:
: >
: >"I felt this measure, otherwise unconstitutional (emphasis added), might
: >become lawful by becoming indispensable to the preservation of the
: >Constitution, through the preservation of the nation."
: >
: >JDS
: >
: >To subscribe, change options, or unsubscribe, please see the instructions
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:
: Anne Pemberton
: [log in to unmask]
:
: http://www.erols.com/stevepem
: http://www.educationalsynthesis.org
:
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:

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