Yeah, poor old Jeff. He really, really wanted a court but darn it all, that congress just wouldn't play along. Davis once said, "The true and only test is to enquire whether the law is intended and calculated to carry out the object; whether it devises and creates an instrumentality for executing the specific power granted; and if the answer be in the affirmative, the law is constitutional." Why would he want an institution that might say he was wrong?
As was to be expected, the Confederate Congress perfected a revenue measure from which almost every trace of protective motives was removed.
Almost every measure? The confederate constitution said that it couldn't be protectionist at all. So it was almost constitutional, is that what you're saying?
To what are you referring?
During the winter of 1864-65, Jefferson Davis sent Duncan Kenner to England and France to obtain recognition in exchange for an end to slavery. Please point out what clause in the confederate constitution gave him the power to make such an offer.
That hardly seems possible. Surely you remember.
Please! All you're pointing out is that Lincoln's actions were subject to judicial review, unlike Davis'. The Supreme Court ruling in Milligan was respected.
Sorry, I really don't know much about libertarian thought.
Then why not Google it and take a guess based on what you find?
Thanks for the information. I wasn't aware of it. Turns out he told Confederate congress leaders of his intention. [Link]
I suspect if the reply from abroad had been favorable, Davis would have pursued emancipation through Congress and the states. I don't know whether he would have gotten it.
For the benefit of others on this thread, the link above gives a favorable, perhaps overly favorable, description of Davis.
Is that why Lincoln added a tenth justice to the Supreme Court?
The Supreme Court ruling in Milligan was respected.
Happened after Lincoln's death. He didn't have a chance to ignore them like he did the judicial ruling against him in Ex Parte Merryman.