Lincoln is an enigma for me. For example:
Lincoln’s Presidential Warrant to Arrest Chief Justice Roger B. Taney ‘A Great Crime’ or a Fabrication?
Frederick S. Calhoun, the Chief Historian for the United States Marshal’s Service, at the Department of Justice, recently wrote a 200 year history of Federal Marshals, entitled, The Lawmen: United States Marshals and their Deputies, 1789–1989 (Smithsonian Institute, Washington, D.C. 1989). This historical study gives a detailed account of an arrest warrant, signed by President Abraham Lincoln, in the early days of his administration. The warrant was to arrest the Chief Justice of the United States, Roger B. Taney, following his opinion in the case of Ex parte Merryman (May, 1861). The account is found in the chapter entitled, “Arrest of Traitors and Suspension of Habeas Corpus.” It was taken from the private papers of the Federal Marshall, Ward Hill Laman, at the Huntington Library in Pasadena:
Taney’s opinion seriously embarrassed Lincoln and his advisers. Southern sympathizers and Northern opponents of the war praised Taney as a partisan of civil liberties standing alone against military tyranny. Taney’s opinion exacerbated the delicate situation in Maryland, a border state yet undecided in its commitment to the Union. According to Marshal Lamon, “After due consideration the administration determined upon the arrest of the Chief Justice.” Lincoln issued a presidential arrest warrant for Taney, but then arose the question of service. “Who should make the arrest and should Taney be imprisoned?”
It was finally determined to place the order of arrest in the hands of the United States Marshal for the District of Columbia. Laman then recalls that “Lincoln gave the warrant to him, instructing Lamon to “use his own discretion about making the arrest unless he should receive further orders.”
The account of the warrant to arrest the Chief Justice cannot be found in any of the innumerable Lincoln biographies or accounts of the early days of the Civil War. Since it only recently surfaced, Lincoln historians and biographers have never mentioned the story, probably because it has been outside the main stream of historical information, and hence has not been known. Once it surfaced, Lincoln apologists and Civil War gatekeepers, have been quick to attack the account as a fabrication, because Lincoln would never have done such a thing; and, it would have set off “a political firestorm,” so they say; and hence, it is just too preposterous to be true.
It does seem too preposterous to be true, probably because of all the grave errors and wrongs allegedly committed by Lincoln’s administration, this would rank at the top of the list. ...
Don’t forget the Ohio Congressman, Clarence VanLandingham.
Arresting the Chief Justice for ruling against you? Does Roberts know?
To this day, the state song, "Maryland, My Maryland", stands as a wonderful bit of Confederate sympathy: Maryland My Maryland Written by James Ryder Randall The despot's heel is on thy shore, Maryland, My Maryland! His torch is at thy temple door, Maryland, My Maryland! Avenge the patriotic gore That flecked the streets of Baltimore, And be the battle queen of yore, Maryland! My Maryland! Hark to an exiled son's appeal, Maryland, My Maryland! My Mother State! to thee I kneel, Maryland, My Maryland! For life and death, for woe and weal, Thy peerless chivalry reveal, And gird they beauteous limbs with steel, Maryland! My Maryland! Thou wilt not cower in the dust, Maryland, My Maryland! Thy beaming sword shall never rust, Maryland, My Maryland! Remember Carroll's sacred trust, Remember Howard's warlike thrust,- And all they slumberers with the just, Maryland! My Maryland! Come! 'tis the red dawn of the day, Maryland, My Maryland! Come with thy panoplied array, Maryland, My Maryland! With Ringgold's spirit for the fray, With Watson's blood at Monterey, With fearless Lowe and dashing May, Maryland! My Maryland! Come! for thy shield is bright and strong, Maryland, My Maryland! Come! for thy dalliance does thee wrong, Maryland, My Maryland! Come! to thine own heroic throng, Stalking with Liberty along, And cgive a new Key to thy song, Maryland! My Maryland! Dear Mother! burst the tyrant's chain, Maryland, My Maryland! Virginia should not call in vain! Maryland, My Maryland! She meets her sisters on the plain- "Sic semper!" 'tis the proud refrain That baffles minions back amain, Maryland! My Maryland! I see the blush upon thy cheek, Maryland, My Maryland! For thou wast ever bravely meek, Maryland, My Maryland! But lo! There surges forth a shriek From hill to hill, from creek to creek- Potomac calls to Chesapeake, Maryland! My Maryland! Thou wilt not yield the vandal toll, Maryland, My Maryland! Thou wilt not crook to his control, Maryland, My Maryland! Better the fire upon thee roll, Better the blade, the shot, the bowl, Than crucifixion of the soul, Maryland! My Maryland! I hear the distant thunder-hum, Maryland, My Maryland! The Old Line's bugle, fife, and drum, Maryland, My Maryland! She is not dead, nor deaf, nor dumb- Huzza! she spurns the Northern scum! She breathes! she burns! she'll come! she'll come! Maryland! My Maryland!
Many of Lincoln’s measures, such as the one you cited, were definitely tyrannical, and his fealty to the Founders’ Constitution was questionable, at best. He took a number of measures that were not constitutionally authorized. Many of them survived well after the war.
“exacerbated the delicate situation in Maryland, a border state yet undecided in its commitment to the Union.”
As its state song (to this day) shows.
Maryland My Maryland
Written by James Ryder Randall
The despot’s heel is on thy shore,
Maryland, My Maryland!
His torch is at thy temple door,
Maryland, My Maryland!
Avenge the patriotic gore
That flecked the streets of Baltimore,
And be the battle queen of yore,
Maryland! My Maryland!
Hark to an exiled son’s appeal,
Maryland, My Maryland!
My Mother State! to thee I kneel,
Maryland, My Maryland!
For life and death, for woe and weal,
Thy peerless chivalry reveal,
And gird they beauteous limbs with steel,
Maryland! My Maryland!
Thou wilt not cower in the dust,
Maryland, My Maryland!
Thy beaming sword shall never rust,
Maryland, My Maryland!
Remember Carroll’s sacred trust,
Remember Howard’s warlike thrust,-
And all they slumberers with the just,
Maryland! My Maryland!
Come! ‘tis the red dawn of the day,
Maryland, My Maryland!
Come with thy panoplied array,
Maryland, My Maryland!
With Ringgold’s spirit for the fray,
With Watson’s blood at Monterey,
With fearless Lowe and dashing May,
Maryland! My Maryland!
Come! for thy shield is bright and strong,
Maryland, My Maryland!
Come! for thy dalliance does thee wrong,
Maryland, My Maryland!
Come! to thine own heroic throng,
Stalking with Liberty along,
And cgive a new Key to thy song,
Maryland! My Maryland!
Dear Mother! burst the tyrant’s chain,
Maryland, My Maryland!
Virginia should not call in vain!
Maryland, My Maryland!
She meets her sisters on the plain-
“Sic semper!” ‘tis the proud refrain
That baffles minions back amain,
Maryland! My Maryland!
I see the blush upon thy cheek,
Maryland, My Maryland!
For thou wast ever bravely meek,
Maryland, My Maryland!
But lo! There surges forth a shriek
From hill to hill, from creek to creek-
Potomac calls to Chesapeake,
Maryland! My Maryland!
Thou wilt not yield the vandal toll,
Maryland, My Maryland!
Thou wilt not crook to his control,
Maryland, My Maryland!
Better the fire upon thee roll,
Better the blade, the shot, the bowl,
Than crucifixion of the soul,
Maryland! My Maryland!
I hear the distant thunder-hum,
Maryland, My Maryland!
The Old Line’s bugle, fife, and drum,
Maryland, My Maryland!
She is not dead, nor deaf, nor dumb-
Huzza! she spurns the Northern scum!
She breathes! she burns! she’ll come! she’ll come!
Maryland! My Maryland!
Because it isn't true. Roger Taney has been the subject of a number of biographies by different historians written decades apart. In none of them did the authors - men like James F. Simon, Bernard Steiner, Alvin Schumacher and Dirk Gringus - find any evidence that Lincoln had issued an arrest warrant against Taney. None of them mention any such warrant. None of them detail any threat to Taney from Lincoln. Wouldn't you agree that is strong evidence that no such threat existed?
What better on a thread about historical revisionism than a post from lew rockwell?!
Well...was he arrested and jailed? Or not? That would be the more telling “proof” of the story. Perhaps Lincoln did do it but calmer heads prevailed and the action was aborted?
If you want further confirmation of this claim, Look on page 90 (Page 108 of the PDF) of this book. (Originally published in 1887)
After the court had adjourned, I went up to the bench and thanked Judge Taney for thus upholding, in its integrity, the writ of habeas corpus. He replied, " Mr. Brown, I am an old man, a very old man" (he had completed his eightyfourth year), " but perhaps I was preserved for this occasion." I replied, "Sir, I thank God that you were." He then told me that he knew that his own imprisonment had been a matter of consultation, but that the danger had passed, and he warned me, from information he had received, that my time would come.
http://mdhistory.net/sources_secondary/brown_msa_sc_5458_51_1494.pdf