Articles Of Confederation Short Quotes

Lincoln understood the legal and moral complexities of emancipation. He knew that if he included the slave states that remained in the Union, since they had not seceded, the proclamation would reach the proslavery Supreme Court of Roger Taney. Since the Confederate states had seceded from the Union and removed themselves from civil jurisdiction, “the Confederate states were now under the jurisdiction of the president as commander in chief of the Army and Navy of the United States.”31 Since under Articles 1 and 3 of the Constitution only Congress, not the Supreme Court, has the power to adjudicate military law, the proclamation as a military order directing the military’s actions in rebellious states was outside of Taney’s jurisdiction. But as a “measure based in military necessity, the Emancipation Proclamation condensed a millennium of moral and legal reasoning into the short text. It contained an entire world of moral considerations between means and ends.

General (then Colonel) Early, commanding a brigade, informed me of some wounded who required attention; one, Colonel Gardner, was, he said, at a house not far from where we were. I rode to see him, found him in severe pain, and from the twitching, visible and frequent, seemed to be threatened with tetanus. A man sat beside him whose uniform was that of the enemy; but he was gentle, and appeared to be solicitously attentive. He said that he had no morphine, and did not know where to get any. I found in a short time a surgeon who went with me to Colonel Gardner, having the articles necessary in the case. Before leaving Colonel Gardner, he told me that the man who was attending to him might, without hindrance, have retreated with his comrades, but had kindly remained with him, and he therefore asked my protection for the man. I took the name and the State of the supposed good Samaritan, and at army headquarters directed that he should not be treated as a prisoner. The sequel will be told hereafter.