Collected Works of Abraham Lincoln. Volume 5 [Oct. 24, 1861-Dec. 12, 1862].

About this Item

Title: Collected Works of Abraham Lincoln. Volume 5 [Oct. 24, 1861-Dec. 12, 1862].
Author: Lincoln, Abraham, 1809-1865.
Publication: New Brunswick, N.J.: Rutgers University Press; 1953.
Rights/Permissions: The University of Michigan Library provides access to these materials for educational and research purposes, with permission from their copyright holder. If you decide to use any of these materials, you are responsible for making your own legal assessment and securing any necessary permission.
Cite this Item: "Collected Works of Abraham Lincoln. Volume 5 [Oct. 24, 1861-Dec. 12, 1862]." In the digital collection Collected Works of Abraham Lincoln. https://name.umdl.umich.edu/lincoln5. University of Michigan Library Digital Collections. Accessed May 23, 2024.

Pages

To John F. Lee2Open page

August 8, 1862

Judge Advocate please examine this case.

The evidence appears slight; and the finding, it seems to me, is equivalent to saying Lieutenant Rowly left ``with permission of the Battallion commander, Captain A. F Bond 2nd U.S. Infantry''

Aug. 8. 1862 A. LINCOLN

Annotation

[1] AES, DLC-RTL. Lincoln's endorsement is written on an official copy of the court-martial record of Second Lieutenant George A. Rowley of the Second Infantry, sentenced to be cashiered for ``misbehavior before the enemy'' during the Battle of Gaines' Mill on June 27, 1862. In reply Lee endorsed at length on August 9, ``The President's suggestion as to the construction to be, or that may be put on the finding, is in accordance with legal logic. . . . But it is not according to the rule and usage of courts-martial. . . . This would be bad pleading in a court of common law. It is good in a court martial. . . . The Presidents authority over the case now, would be to restore or re-appoint . . . not to vacate the judgment, or annul an executed sentence.'' See further, Lincoln to McClellan, August 12, infra.