Constitutional Problems Under LincolnUniversity of Illinois, 1964 - 596 páginas The purpose of this volume is to examine those measures of the Lincoln government which involved significant constitutional issues. While Lincoln spoke of the cause for which he contended as no less than the maintenance of democracy in the world, such a man as Wendell Phillips denounced Lincoln's government as a "fearful peril to democratic institutions" and characterized the President as an "unlimited despot." In the doubtful struggle to preserve the Union, the war Congress and the war Cabinet had many a hard choice to make when measures out of harmony with American notions of civil liberty seemed the only alternative to defeat and disintegration. "Must a government, of necessity, be too strong for the liberties of its own people, or too weak to maintain its own existence?" was the question Lincoln propounded when making one of his difficult decisions, and this question embodied a real dilemma which his govermnent continually confronted. To study in some detail, both historically and legally, the manner in which these constitutional problems of the Civil War presented themselves, to note the measures taken in solving them, and to offer such an appraisal of these measures as historical research may justify, is our task. - Introduction. |
Dentro del libro
Resultados 1-3 de 84
Página 204
... action , and that for such misconduct impeach- ment was the appropriate remedy . 43 Such a clear challenge , however , had been presented to the Federal Government by the defiant attitude of some of the State courts that the provision ...
... action , and that for such misconduct impeach- ment was the appropriate remedy . 43 Such a clear challenge , however , had been presented to the Federal Government by the defiant attitude of some of the State courts that the provision ...
Página 409
... action which would keep one of the States " neutral " in a war to preserve the Union is to go the whole way with the theory of secession . There is no such middle ground as the action of Kentucky would presuppose . Analogous to the case ...
... action which would keep one of the States " neutral " in a war to preserve the Union is to go the whole way with the theory of secession . There is no such middle ground as the action of Kentucky would presuppose . Analogous to the case ...
Página 500
... action , excluding the New York World from the Department of the Ohio . Such action was not the ex- clusion of objectionable matter in military areas and for military purposes , but rather the withholding of papers from whole districts ...
... action , excluding the New York World from the Department of the Ohio . Such action was not the ex- clusion of objectionable matter in military areas and for military purposes , but rather the withholding of papers from whole districts ...
Otras ediciones - Ver todas
Términos y frases comunes
37 Cong action administration amendment American army arrest belligerent right Butler citizens Civil claim Confederate Confiscation Act Congress conscription Constitution counties Davis decision declared draft Edward Bates emancipation Emancipation Proclamation enemy enforcement ernment executive fact Federal courts force forfeiture Globe Government Governor habeas corpus privilege held Hist History Ibid imprisonment Indemnity Act indictments insurrection issued Jefferson Davis judge judicial July jurisdiction jury Justice Kentucky laws of war legislative legislature loyal marshal martial law matter measures ment military commission militia Nicolay and Hay officers opinion papers persons Pierpoint political President Lincoln President's principle prisoners proceedings proclamation prosecution provision provost marshal punishment question R. H. Dana rebel rebellion regarded restored secession seizure Senate sess slavery slaves Stanton statute Supreme Court suspension tion treason trial tribunals U. S. Stat Union United vote Washington West Virginia Wheeling convention writ York York World