WHAT LIBERTY HAVE YOU GIVEN UP?:

What would Lincoln do? -- Trading our liberties for security (Jonathan Zimmerman, 7-29-06, Providence Journal)

LIKE MOST of my friends and colleagues, I'm outraged by President Bush's assault on basic civil liberties in the so-called War on Terror. We invoke Thomas Jefferson on the rights of man, James Madison on checks and balances, and, most of all, Benjamin Franklin on the dangers of compromising these values: "Those who would give up an essential liberty for temporary security deserve neither liberty nor security."

But here are two words that you'll never hear us say: Abraham Lincoln. [...]

The most critical state was Maryland, of course, because it bounded the District of Columbia on three sides. On the fourth side lay Virginia, which had already left the Union. If Maryland seceded too, Lincoln would find his national capital surrounded by the enemy.

And he couldn't have that. There were clear pockets of secessionist sentiment in Maryland's biggest city, Baltimore, where many houses flew Confederate flags after the war began. So rather than risk losing the city -- and, quite possibly, the war -- Lincoln sent Army officials into Baltimore to arrest alleged secessionists and jail them at Fort McHenry. (The prisoners included a grandson of Francis Scott Key, who had written "The Star Spangled Banner" while the fort was under British fire, in 1814.)

A few months later, as the Maryland legislature was preparing to vote on secession, Lincoln had 31 of the lawmakers imprisoned on suspicion of Confederate sympathies. They stayed in jail until the next state election, to ensure that pro-Union candidates won.

No charges. No evidence. No trial.

Sound familiar?

Then, as now, the president's enemies mounted constitutional challenges to his actions. One of the people imprisoned in Baltimore, John Merryman, sued for his freedom in federal circuit court. The senior judge was none other than Chief Justice Roger Taney, a Marylander and author of the infamous Dred Scott decision. Taney ruled that Lincoln had no right to jail Merryman without cause, because the Constitution gave Congress -- not the president -- exclusive power to suspend basic liberties in times of war.

Lincoln's response? Go to hell. His primary job, he said, was to win the war, and he needed every possible weapon to do so. He refused to obey Taney's opinion, which would have freed hundreds of Confederate partisans. Who knows what they would have done if they'd been let loose?

That should sound familiar, too. Indeed, almost everything President Bush has done in the "War on Terror" echoes Lincoln's actions during the War Between the States.

Give them security--they think it's hell.

Posted by Orrin Judd at August 4, 2006 10:49 PM