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Home > History > United States > Lincoln and Chief Justice Taney: Slavery, Secession, and the President's War Powers-eBook
Lincoln and Chief Justice Taney: Slavery, Secession, and the President's War Powers
by Simon, James, F.
 
 
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Lincoln and Chief Justice Taney: Slavery, Secession, and the President's War Powers

The clashes between President Abraham Lincoln and Chief Justice Roger B. Taney over slavery, secession, and the president's constitutional war powers went to the heart of Lincoln's presidency. James Simon, author of the acclaimed What Kind of Nation -- an account of the battle between President Thomas Jefferson and Chief Justice John Marshall to define the new nation -- brings to vivid life the passionate struggle during the worst crisis in the nation's history, the Civil War. The issues that underlaid that crisis -- race, states' rights, and the president's wartime authority -- resonate today in the nation's political debate.

Lincoln and Taney's bitter disagreements began with Taney's Dred Scott opinion in 1857, when the chief justice declared that the Constitution did not grant the black man any rights that the white man was bound to honor. In the famous Lincoln-Douglas debates, Lincoln attacked the opinion as a warped judicial interpretation of the Framers' intent and accused Taney of being a member of a pro-slavery national conspiracy.

In his first inaugural address, President Lincoln insisted that the South had no legal right to secede. Taney, who administered the oath of office to Lincoln, believed that the South's secession was legal and in the best interests of both sections of the country.

Once the Civil War began, Lincoln broadly interpreted his constitutional powers as commander in chief to prosecute the war, suspending the writ of habeas corpus, censoring the mails, and authorizing military courts to try civilians for treason. Taney opposed every presidential wartime initiative and openly challenged Lincoln's suspension of the writ of habeas corpus. He accused the president of assuming dictatorial powers in violation of the Constitution. Lincoln ignored Taney's protest, convinced that his actions were both constitutional and necessary to preserve the Union.

Almost 150 years after Lincoln's and Taney's deaths, their words and actions reverberate in constitutional debate and political battle. Lincoln and Chief Justice Taney tells their dramatic story in fascinating detail.



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Title of ebook: Lincoln and Chief Justice Taney: Slavery, Secession, and the President's War Powers
ISBN: 9780743298469
parent-ISBN: 9780743250320
Publisher: Simon & Schuster
Published: 11-2006
Released online for download: 11-07-2006
Author of eBook: Simon, James, F.

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Lincoln and Chief Justice Taney

Slavery, Secession, and the President's War Powers

INTRODUCTION

President Abraham Lincoln and Chief Justice Roger Brooke Taney bitterly disagreed on three fundamental issues -- slavery, secession, and Lincoln's constitutional authority during the Civil War. But had they known each other in less perilous times, they might have been friends, or at least respectful adversaries. In fact, they had much in common.

Lincoln and Taney were homely physical specimens -- tall, gaunt, slightly cadaverous figures, usually attired in drab, ill-fitting clothes. Each man believed in a divine design that guided him, though Lincoln shirked organized religion while Taney was a devout Catholic. Both men were known for their personal integrity, fairness, and compassion for those less fortunate than themselves. Self-effacing in public, they possessed an unrelenting will to succeed.

In their prime, Taney and Lincoln were among the best litigators in their respective states of Maryland and Illinois. Without flourish, Taney demonstrated the extraordinary ability to lay the facts and law of a ... read full excerpt from: Lincoln and Chief Justice Taney: Slavery, Secession, and the President's War Powers ebook



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