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October 7, 2008

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Act of Justice
enlarge	Author: Burrus M. Carnahan Publisher: University Press of Kentucky Category: Book List Price: ~~$40.00~~ Buy New: $15.01 You Save: $24.99 (62%) Buy New/Used/Collectible from $15.01 Avg. Customer Rating: (1 reviews) Sales Rank: 423084 Languages: English (Original Language), English (Unknown), English (Published) Media: Hardcover Number Of Items: 1 Pages: 208 Shipping Weight (lbs): 1 Dimensions (in): 9.1 x 6.1 x 1 ISBN: 0813124638 Dewey Decimal Number: 973.714 EAN: 9780813124636 ASIN: 0813124638 Publication Date: September 21, 2007 Availability: Usually ships in 1-2 business days

Editorial Reviews: Product Description In his first inaugural address, Abraham Lincoln declared that as president he would ?have no lawful right? to interfere with the institution of slavery. Yet less than two years later, he issued a proclamation intended to free all slaves throughout the Confederate states. When critics challenged the constitutional soundness of the act, Lincoln pointed to the international laws and usages of war as the legal basis for his Proclamation, asserting that the Constitution invested the president ?with the law of war in time of war.? As the Civil War intensified, the Lincoln administration slowly and reluctantly accorded full belligerent rights to the Confederacy under the law of war. This included designating a prisoner of war status for captives, honoring flags of truce, and negotiating formal agreements for the exchange of prisoners?practices that laid the intellectual foundations for emancipation. Once the United States allowed Confederates all the privileges of belligerents under international law, it followed that they should also suffer the disadvantages, including trial by military courts, seizure of property, and eventually the emancipation of slaves. Even after the Lincoln administration decided to apply the law of war, it was unclear whether state and federal courts would agree. After careful analysis, author Burrus M. Carnahan concludes that if the courts had decided that the proclamation was not justified, the result would have been the personal legal liability of thousands of Union officers to aggrieved slave owners. This argument offers further support to the notion that Lincoln?s delay in issuing the Emancipation Proclamation was an exercise of political prudence, not a personal reluctance to free the slaves. In Act of Justice, Carnahan contends that Lincoln was no reluctant emancipator; he wrote a truly radical document that treated Confederate slaves as an oppressed people rather than merely as enemy property. In this respect, Lincoln?s proclamation anticipated the psychological warfare tactics of the twentieth and twenty-first centuries. Carnahan?s exploration of the president?s war powers illuminates the origins of early debates about war powers and the Constitution and their link to international law.

Customer Reviews: A Mighty Act and a Mighty Book February 11, 2008 3 out of 3 found this review helpful This book explains how Abraham Lincoln--the greatest flip-flopper in our nation's history--moved from explicitly defending slavery in the South to issuing what's been called "a poor document, but a mighty act," the Emancipation Proclamation. Even before the Lincoln-Douglas debates, all of Abraham Lincoln's public statements reflected his belief that the Constitution protected slavery. He held that it was legal in the southern states where it already existed and that as President he was bound to protect it. He would act against this only in the case of "indispensable necessity." Eventually, that indispensable necessity arrived. Not just words, but Lincoln's actions confirmed his commitment not to interfere with slavery. Once the war began, he did not allow attempts by generals in the field to emancipate the slaves in occupied territory. To appease the South, he proposed an amendment to the Constitution that would allow slavery to continue where it already existed. The South did not yield and the war continued. He proposed a plan to compensate slaveholders and relocate former slaves outside the United States. The South did not yield and the war continued. Lincoln believed the South acted contrary to the Constitution by seceding from the Union and proclaiming themselves a foreign nation. While Lincoln did not recognize secession as legal, the Confederacy was regarded as they would be under international law; flags of truce were honored, and prisoner exchanges were negotiated. Therefore, by complying with their desire to be treated as a separate nation, international law allowed Lincoln to do what the Constitution barred him from doing in time of peace. This enabled him to advance the Emancipation Proclamation as a legitimate war strategy he hoped would unite the country, break the Confederate will, and return it to a new and stronger Union of United States. It was September 1862 when the "indispensable necessity" of emancipation arrived. When asked where the Constitution gave the President this power, Lincoln asserted that the Constitution invested the President "with the law of war in time of war." Morality justified it, but it was the law of war that legalized Lincoln's "mighty act." Fast forward to September 2001. Per the author, all presidents since Lincoln's time have, to great controversy, cited the international law of war as a measure and source of their powers as commander-in-chief. He also notes the irony that the same legal theory invoked to free the slaves in 1862 today is used to detain Iraqi war prisoners. Lincoln's was a mighty act, and the author's contribution to our understanding of its importance to Civil War history, as well as its impact on current events, make this a mighty book.

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