AW: Iraq Constitution

Bob Sheridan bobsheridan at
Mon Aug 29 23:13:48 PDT 2005

I'd understood that Lincoln took a peacemaker approach designed to win 
Southern minds-and-hearts.  I recall reading his Second Inaugural, which 
my son found fascinating, while visiting the Memorial two summers 
ago..."with malice toward none, and charity toward all"...  Abe or Ilya, 
you get a choice.


Scarberry, Mark wrote:

>I thought one reason there was relatively little guerilla activity in the
>South after Appomattox was that Lee told his soldiers to lay down their arms
>(instead of telling them to melt into the hills and continue the war).
>Executing him might have caused much more resistance. But others will know
>more about this than I.
>Mark Scarberry
>-----Original Message-----
>From: Ilya Somin
>To: Mark Graber
>Cc: bpwilson at; SLevinson at;
>conlawprof at
>Sent: 8/29/2005 7:04 PM
>Subject: Re: AW: Iraq Constitution
>I certainly agree that racist values enjoyed broad support in the South
>1868, and to an extent in the North too. Indeed, that explains - in part
>the reasons why there was little support for executing Lee or Davis.
>However, executing top Confederate leaders guilty of treason surely is
>the same thing as executing all white southerners who supported the
>Confederacy (much less all Northern Copperheads).  And strong measures
>against Confederate leaders (many of whom were also the leaders of
>resistance to Reconstruction) might well have undercut that resistance,
>even though many white southerners would still have sympathized with it.
>I also agree that Reconstruction failed in large part because of
>unwillingness to push it very far. But obviously, a counterfactual
>Northern majority willing to execute top confederates would probably
>be more willing to push hard on Reconstruction more generally.
>Ilya Somin
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