Chapter

Military Necessity and Lincoln’s Concept of the War

Burrus M. Carnahan

in Act of Justice

Published by University Press of Kentucky

Published in print September 2007 | ISBN: 9780813124636
Published online September 2011 | e-ISBN: 9780813134871 | DOI: http://dx.doi.org/10.5810/kentucky/9780813124636.003.0008
Military Necessity and Lincoln’s Concept of the War

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This chapter discusses Lincoln's use of the emancipation weapon and the restrained response of the South to the First Confiscation Act, which was mentioned in the previous chapter. It also highlights the military necessity for emancipation that would also have to be strong enough to have at least a chance of withstanding judicial scrutiny. As such, the Second Confiscation Act, as finally adopted, indirectly recognized the humanity of escaped slaves by declaring them to be “captives of war”, and not merely human property.

Keywords: Lincoln; emancipation weapon; First Confiscation Act; military necessity; judicial scrutiny; Second Confiscation Act; captives of war

Chapter.  9406 words. 

Subjects: History of the Americas

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