Details

Subject(s)

• Vallandigham, Clement L. (Clement Laird) 1820-1871—Trials, litigation, etc [Browse]
• Lincoln, Abraham 1809-1865 [Browse]
• United States—History—Civil War, 1861-1865—Law and legislation [Browse]
• War and emergency powers—United States—History—19th century [Browse]
• Executive power—United States—History—19th century [Browse]

Series

Landmark law cases & American society [More in this series]

Summary note

"Denying Lincoln tackles the issue of the limits of dissent in wartime, using as a case study the arrest and trial by military commission of the leader of the Copperhead opposition to the Lincoln administration, Clement Vallandigham, who was convicted and sentenced to prison for a speech delivered on May 1, 1863. President Lincoln altered the sentence of the commanding general, Ambrose Burnside, and banished Vallandigham into the Confederacy, while also issuing one of the strongest defenses of presidential power in war time: the June 12, 1863, Corning Letter. While Vallandigham made his way through the South and into Canada, his attorneys asked for habeas corpus from the local federal district court. The US Supreme Court justices handed down their 1864 decision of Ex parte Vallandigham denying his request for habeas corpus, thereby deferring to Lincoln-at least in wartime. Two years later, in peacetime, the Court changed its tune in Ex parte Milligan. The Vallandigham case raises fundamental questions about the breadth of presidential power, the role and power of the lower and appellate federal courts, and the evergreen question of the limits of political dissent"-- Provided by the publisher.

Bibliographic references

Includes bibliographical references (pages 173-182) and index.

Contents

• Crisis of the Union and the rise of internal dissent
• Copperheads and Vallandigham in the Old Northwest
• Lincoln and presidential war powers
• "A despotism as unmitigated as the world has every known" : Burnside, Vallandigham, Leavitt, and Lincoln
• "Buts" and "ifs" and "ands" : Lincoln, Corning, Wayne, and Davis
• Conclusion: "The progress of our arms" : the evergreen question.

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ISBN

• 9780700630141 ((cloth))
• 0700630147 ((cloth))
• 9780700630158 ((paperback))
• 0700630155 ((paperback))

LCCN

2020011831

OCLC

1145103956

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