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Author Mackey, Thomas C., 1956- author.

Title Opposing Lincoln : Clement L. Vallandigham, presidential power, and the legal battle over dissent in wartime / Thomas C. Mackey.

Publication Info. Lawrence, Kansas : University Press of Kansas, [2020]
©2020

Copies

Location Call No. OPAC Message Status
 Axe 3rd Floor Stacks  345.0231 M199o 2020    ---  Available
Description xii, 188 pages ; 23 cm.
text txt rdacontent
unmediated n rdamedia
volume nc rdacarrier
Series Landmark law cases & American society
Landmark law cases & American society.
Bibliography 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 know" : Burnside, Vallandigham, Leavitt, and Lincoln -- "Buts" and "ifs" and "ands" : Lincoln, Corning, Wayne, and Davis -- Conclusion: "The progress of our arms" : the evergreen question.
Summary "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 publisher.
Subject United States -- History -- Civil War, 1861-1865 -- Law and legislation.
War and emergency powers -- United States -- History -- 19th century.
Vallandigham, Clement L. (Clement Laird), 1820-1871 -- Trials, litigation, etc.
Lincoln, Abraham, 1809-1865.
Vallandigham, Clement L. (Clement Laird), 1820-1871. (OCoLC)fst00156430
Legislation. (OCoLC)fst00995636
Trials. (OCoLC)fst01156290
War and emergency powers. (OCoLC)fst01170437
United States. (OCoLC)fst01204155
American Civil War (United States : 1861-1865) (OCoLC)fst01351658
Chronological Term 1800-1899
Genre/Form History. (OCoLC)fst01411628
ISBN 9780700630141 (cloth)
0700630147 (cloth)
9780700630158 (paperback)
0700630155 (paperback)
9780700630165 (epub)

 
    
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