Chapter 3 Summary and Analysis

Chapter 3, "Low Tide for Liberty," examines the circumstances that lead Lincoln on Aug. 8, 1862, to expand nationwide the measures earlier authorized in particularly problematic locales, and its narrow goal is to enforce Congress' unpopular Militia Act passed on Jul. 17, empowering the secretary of war to draft for nine months those state militias that fail to upgrade. It is a disguised, de facto national draft, and another fait accompli, Secretary of War Edwin M. Stanton having already issued orders to prevent evasion of military duty and suppress disloyal practices. The orders cover anyone discouraging volunteer enlistments by word or deed, and specify trial by military commissions under Judge Advocate, Major Levi C. Turner.

On Aug. 13, Stanton's General Order No. 104 explains to the press civilian and military authorities are to interfere as little as possible with individual pursuits and businesses while preventing draft dodgers...