82 e lusive v ictories
case, too, that under the circumstances he faced in summer 1861, the
civil liberties “limb” of habeas corpus should not be exalted over the
“life” of the nation. In addition, to Lincoln’s credit, he sought congres-
sional ratifi cation of most of his emergency orders. Just the same, the
negative side weighs heavily. Lincoln preferred to act without Congress,
rather than wait for it to return or call it back into session early. In so
doing, he established a precedent for broad unilateral presidential
action in wartime. And though he may have exercised emergency
authority with some restraint, nothing assured that his successors would
follow his lead.