We may attribute to him that point
of view expressed by a distinguished Democrat of our own day:
"Democracy has to learn how to use the dictator as a necessary
war tool."* Whether Lincoln set a good model for democracy in
this perilous business is still to be determined. His actions
have been freely labeled usurpation. The first notorious
instance occurred in 1861, during the troubles in Maryland, when
he authorized military arrests of suspected persons. For the
release of one of these, a certain Merryman, Chief Justice Taney
issued a writ of habeas corpus**. Lincoln authorized his
military representatives to disregard the writ. In 1862 he
issued a proclamation suspending the privileges of the writ of
habeas corpus in cases of persons charged with "discouraging
volunteer enlistments, resisting military drafts, or guilty of
any disloyal practice...." Such persons were to be tried by
military commissions.
*President Edwin A. Alderman, of the University of Virginia.
** The Constitution permits the suspension of the privileges of
the writ of habeas corpus "when in cases of rebellion or invasion
the public safety may require it," but fails to provide a method
of suspension. Taney held that the power to suspend lay with
Congress.
Pages:
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166