I think we've seen amply shown that the court behaves one way during war and a different way after the war. No one said 'boo' to President Lincoln during the war.
He explained himself pretty cogently in the Corning letter to New York Democrats and in the letter to Ohio Democrats. And people felt so strongly against President Lincoln that he carried every state except New Jersey in the 1864 election.
You've also got to allow for the fact that President did not have Vallandigham arrested. He didn't have Milligan arrested. He had Vallandigham released and he made sure that Milligan was around to collect his $5 in damages. He took pains to support his generals and officials in the field. He wouldn't have had either man arrested on his own. You discount all this because your object is to smear his memory. The people of the day knew better.
The London Spectator said in 1862:
“In Mr. Lincoln’s message, we appreciate the calm thoughtfulness so different from the rowdyism we have been accustomed to receive from Washington. He is strong in the justice his cause and the power of his people. He speaks without acerbity even of the rebels who have brought so much calamity upon the country, but we believe that if the miscreants of the Confederacy -were brought to him today, Mr. Lincoln would bid them depart and try to be better and braver men in the future. When we recollect the raucous hate in this country toward the Indian rebels, "we feel humiliated that this 'rail splitter' from Illinois should show himself so superior to the mass of monarchical statesmen.
"Mr. Lincoln's brotherly kindness, truly father of his country, kindly merciful, lenient even to a fault, is made the sport and butt of all the idle literary buffoons of England. The day will come when the character and career of Abraham Lincoln will get justice in this country and his assailants will show their shame for the share they took in lampooning so brave and noble a man, who in a fearful crisis possessed his soul in patience, trusting in God. ‘Truly’, Mr. Lincoln speaks, 'the fiery trial through which we pass will light us down in honor or dishonor to the latest generation.' There is little doubt what the verdict of future generations will be of Abraham Lincoln.
"Before two years of his administration has been completed, he has reversed the whole constitutional attitude of America on the subject of Slavery; he has saved the territories from the unhallowed grasp of the slave power; he has purged the accursed institution from the Congressional District; he has hung a slave trader in New York, the nest of slave pirates; he has held out the right hand of fellowship to the negro Republicans of Liberia and Hayti; he has joined Great Britain in endeavoring to sweep the slave trade from the coast of Africa! There can be no doubt of the verdict of posterity on such acts as these. Within the light of the 'fiery trial' of which Mr. Lincoln speaks, another light shines clear and refulgent—the torch of freedom—to which millions of poor slaves now look with eager hope."
--Abraham Lincoln, The War Years, Vol. II, pp.331-333, by Carl Sandburg
You seem to think (as many on FR seem to) that the actions of Abraham Lincoln are somehow the root cause of the ills we suffer today. I don't think that is very fair. Lincoln's position was simply that the government had a right to maintain itself against its domestic foes -- and that bullets cannot follow the lawful outcome of ballots -- that you can't pull a gun if you don't like the outcome of the election.
That is essentially what the rebels did.
I think Lincoln would just as appalled as anyone at the lengths that the federal government has gone to -- this 70 year state of emergency that you so rightly point out. He said:
"As I would not be a slave, so I would not be a master. This expresses my idea of democracy. Whatever differs from this, to the extent of the difference, is no democracy."
Does that seem reasonable to you? Could FDR shoehorn his actions into that sentiment? I don't think so.
But to blame President Lincoln for the federal bohemoth is just silly; it's a modern day judgment on an historical person, which is silly.
Walt
Very well stated. The slave power south, having failed to subvert the presidential election of 1860, and unhappy with the outcome at the ballot box, resorted to bullets against the United States government.
[708 WhiskeyPapa] You seem to think (as many on FR seem to) that the actions of Abraham Lincoln are somehow the root cause of the ills we suffer today.
I said no such thing.
The Court stated the facts, the Court stated the law, the Court applied the law to the facts, and found that actions of Abraham Lincoln and those acting on behalf and at the direction of Abraham Lincoln, during the war, violated Constitutional rights.
But... what the heck... fair and balanced... I report... you decide.
Title III of the Agricultural Adjustment Act, also called the Emergency Farm Mortgage Act of 1933 :
"Title III -- Financing - And Exercising Power Conferred by Section 8 of Article I of the Constitution: To Coin Money And To Regulate the Value Thereof."
"Whenever the President finds upon investigation that the foreign commerce of the united States is adversely affected ... and an expansion of credit is necessary to secure by international agreement a stabilization at proper levels of the currencies of various governments, the President is authorized, in his discretion... To direct the Secretary of the Treasury to enter into agreements with the several Federal Reserve banks..."
The Constitution states that Congress has the authority to coin all money and regulate the value thereof.
Here the Executive branch is quoting the Constitution as its authority to do so.
Under Section 1 of this Act we find: "To direct the Secretary of the Treasury to cause to be issued in such amount or amounts as he may from time to time order, United States notes, as provided in the Act entitled "An Act to authorize the issue of United States notes and for the redemption of funding thereof and for funding the floating debt of the united States, approved February 25, 1862, and Acts supplementary thereto and amendatory thereof"
What is the Act of February 25, 1862? It is the Greenback Act of President Abraham Lincoln.
When Abraham Lincoln was elected and inaugurated, he didn't have a Congress for the first six weeks. He did not, however, call an extra session of Congress. He issued money, he declared war, he suspended habeas corpus, it was an absolute Constitutional dictatorship. There was not even a Congress in session for six weeks.
When Lincoln's Congress finally came into session, they entered the following into the Congressional record: "The actions, rules, regulations, licenses, heretofore or hereafter taken, are hereby approved and confirmed..."
This is the exact language of March 9,1933 and Title 12, USC, Section 95 (b), today.
Maybe Abe started a trend, he showed 'em the way. Ya think?