William Mitchell Law Review Volume 39 | Issue 2 Article 2 2013 I Could not Afford to Hang Men for Votes—Lincoln the Lawyer, Humanitarian Concerns, and the Dakota Pardons Paul Finkelman Follow this and additional works at: http://open.mitchellhamline.edu/wmlr Recommended Citation Finkelman, Paul (2013) "I Could not Afford to Hang Men for Votes—Lincoln the Lawyer, Humanitarian Concerns, and the Dakota Pardons," William Mitchell Law Review: Vol. 39: Iss. 2, Article 2. Available at: http://open.mitchellhamline.edu/wmlr/vol39/iss2/2 This Article is brought to you for free and open access by the Law Reviews and Journals at Mitchell Hamline Open Access. It has been accepted for inclusion in William Mitchell Law Review by an authorized administrator of Mitchell Hamline Open Access. For more information, please contact
[email protected]. © Mitchell Hamline School of Law Finkelman: I Could not Afford to Hang Men for Votes—Lincoln the Lawyer, Huma “I COULD NOT AFFORD TO HANG MEN FOR VOTES.”1 LINCOLN THE LAWYER, HUMANITARIAN CONCERNS, AND THE DAKOTA PARDONS Paul Finkelman† I. POLITICAL CONSIDERATIONS AND THE PARDON ISSUE .......... 409 II. WHAT WE CALL THE CONFLICT, AND WHY THAT MATTERS ................................................................................ 414 III. WHAT CAUSED THE CONFLICT? ............................................. 419 IV. THE POLITICS OF THE CONFLICT ........................................... 422 V. THE TRIALS ............................................................................ 424 VI. THE ADMINISTRATION AND THE DAKOTA TRIALS .................. 433 VII. LIEBER, THE LAW OF WAR, AND THE DAKOTA ....................... 440 VIII. “I COULD NOT AFFORD TO HANG MEN FOR VOTES.” ............ 443 † President William McKinley Distinguished Professor of Law and Public Policy, Albany Law School and Senior Fellow in the Government Law Center, Albany Law School.