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Act of JusticeLincoln's Emancipation Proclamation and the Law of War$
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Burrus M. Carnahan

Print publication date: 2007

Print ISBN-13: 9780813124636

Published to Kentucky Scholarship Online: September 2011

DOI: 10.5810/kentucky/9780813124636.001.0001

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Military Necessity and Lincoln’s Concept of the War

Military Necessity and Lincoln’s Concept of the War

(p.93) 7 Military Necessity and Lincoln’s Concept of the War
Act of Justice

Burrus M. Carnahan

University Press of Kentucky

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

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