Revoking Civil Liberties: Lincoln's Constitutional Dilemma

His suspension of habeas corpus is part of what some consider the "dark side" of his presidency

February 10, 2009 RSS Feed Print
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President Abraham Lincoln seated in profile.

President Abraham Lincoln

The military government, meanwhile, struggled to maintain order. Nearly half of the military trials conducted in the Union during the war took place in Missouri—nine times as many as in Kentucky or Maryland, two other volatile border states. In 1863, after one particularly brutal massacre in which rebel guerrillas slaughtered more than a hundred pro-Union civilians in Lawrence, Kan., the local Army commander evicted 20,000 civilians from border counties in Missouri, some of whom, he believed, may have been sheltering the rebels. It was, writes Mark Neely, a professor of history at Penn State University, in Our Lincoln: New Perspectives on Lincoln and His World, "the most drastic displacement of population of its kind in the whole Civil War."

Lincoln was certainly aware of the measures being taken in his administration's name, but it was only after the 1864 elections that he felt he could do something about them. Lincoln had tried to persuade the military commander in the area to consider ending martial law earlier in the war, but he had been rebuffed. "The peace of the State rests on military power," the officer had replied. "To relinquish this power would be dangerous."

As the war began to wind down and the threat of Confederate invasion dwindled, Lincoln decided to try again. In the fall of 1864, after he had won re-election, Lincoln appealed to the general in control of the state to repeal martial law. "Please gather information," he wrote, "and consider whether an appeal to the people there to go to their homes, and let one another alone . . . may not allow you to withdraw the troops."

What Lincoln didn't realize, scholars say, was just how much the fierce fighting in Missouri had hardened attitudes there—and how much the leaders of Lincoln's own party had grown accustomed to the status quo.

The first signs of trouble appeared in the state's election results. More than 165,000 Missourians had voted in the 1860 presidential election, with only 17,000 voters supporting Lincoln. But four years later, Lincoln had received 70 percent of just over 100,000 votes cast. The question, of course, was not just how Lincoln had grown so popular, but what had happened to the rest of the voters. "Essentially," writes Neely, "much of the Democratic Party in the electorate in Missouri, likely a majority, had disappeared."

Neely, for one, believes Lincoln probably understood what had happened: The state's Republicans had used their newfound war powers not just to shut down newspapers and arrest those they considered disloyal but to intimidate and disenfranchise the Democrats, many of whom supported slavery and some of whom were sympathetic to the Confederacy. The Republicans, in other words, reigned supreme in Missouri. They had the Army at their backs, and they liked it that way. "What Lincoln had attempted to guard against in his internal security policy had come to pass," writes Neely.

Lincoln's appeal to end martial law fell on deaf ears. "Allow me to assure you," replied Gen. Grenville Dodge, the newly appointed military commander in the area, when he received Lincoln's suggestion that martial law be repealed, "that the course you proposed would be protested against by the State authorities, the legislature, the [constitutional] convention and by nearly every undoubtedly loyal man in North Missouri."

Stymied, Lincoln turned, instead, to the state's new governor, Thomas Fletcher. "It seems that there is now no organized force of the enemy in Missouri and yet that destruction of property and life is rampant every where," Lincoln wrote. "Is not the cure for this within easy reach of the people themselves? It cannot but be that every man, not naturally a robber or cut-throat, would gladly put an end to this state of things." Lincoln asked Fletcher to call for neighborhood meetings so preparations could be made to end martial law. "At such meetings," Lincoln said, hopefully, "old friendships will cross the memory; and honor and Christian Charity will come in to help."

Tags:
Abraham Lincoln,
law,
history,
Constitution,
civil rights

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1. Mr. Lincoln was a circuit lawyer. Of 5000+ case he handled approx. 130 railroad cases. of those, he opposed the railroads in about 60 of those cases. hardly classifies him as a 'railroad lawyer'.

2. Um, yeah, okay... this definitely applies to the Bush administration

3. If Mr. Lincoln decided to secede the DC area from the Union, then i guess he was responsible for the war. But that's not what happened.

4. Try to engage in unrestricted warfare and not destroy your enemies economy. Stupid idea.

5. see #2 above

6. the emancipation proclamation freed ALL slaves held in rebellious states not 'volunteers' willing to fight for the Union.

7. i was not aware that the Andersonville was a Union prison, as it was opened in Sumter Co. Georgia by the confederacy, but accuracy doesn't seem to be an impediment to anyone who would consider this screed true.

Bob of FL 4:05AM February 22, 2009

I was born and raised in Kansas, however I do not hold a grudge against the Missouri bushwackers that burned crops, farmsteads, slaughtered cattle as well as the killing of the innocent. It was horrible, true enough, however war is a nasty business and Lincoln did the best he could with what he had. I don't think he had much control over Sherman. In retrospect if anyone should have been tried for a war crime it would be Gen. Sherman.

lreece of WA 7:03PM February 17, 2009

> A politician with a agenda to save the union.

He said he was, but politicians lie. Saying he wanted to free the slaves

would have been politically dangerous at the time: pretending all he

cared about was the union made sense.

> It is clear that his proclomation was a political ploy to gain favor

> with the northeners

I don't think so, or at least not mostly. The northerners who wanted

slavery abolished were already on his side anyway.

Gaining favour with the British and French was part of it: he needed to

keep them out of the war. And he wanted to stir up trouble in the south:

if the slaves knew they'd be free when the confederacy fell, they would

be more likely to make a nuisance of themselves: sabotage, go slow, etc..

> The document refers to all states that are in rebellion.

Which was nearly all the slaves since it was the slave states that had

revolted. He might not have felt he had the legal authority to abolish

slavery in Maryland. Anyway Maryland abolished slavery itself not long

after.

If your own ancestors were slaves in Maryland then I can understand you

feeling he let them down. But he was probably doing as much as he felt

he could get away with.

Lincoln wasn't perfect. But nobody is, and he deserves credit for doing

far more than others of him time did.

David Bofinger 6:34PM February 15, 2009

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