This chapter discusses where Abraham Lincoln got the idea of using the law of war as a way to gain executive power. It is shown that Senator Charles Sumner of Massachusetts urged the president to use his power as commander in chief of the armed forces under the Constitution to free the slaves in the rebellious states. At the same time, Orville Hickman Browning stated the necessity of emancipation. An anti-emancipation argument was also raised, although it was no more than pettifoggery.