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To: GOPcapitalist
Nah, simply authorizing it would suffice to demonstrate his willingness to use the arrest of judges to obstruct the judiciary from ruling against him.

If Lincoln authorized this particular act then I would put that in the same category as the alleged Taney arrest order. Are you claiming that?

He personally authorized it as reported to the court by Porter's surrogate.

And the difference between authorizing and ordering is what? If Lincoln specifically authorized this individual detention then that is one thing. If you're saying Lincoln authorized it because he suspended habeas corpus then that's another.

85 posted on 08/24/2004 11:41:58 AM PDT by Non-Sequitur (Jefferson Davis - the first 'selected, not elected' president.)
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To: Non-Sequitur
If Lincoln authorized this particular act then I would put that in the same category as the alleged Taney arrest order. Are you claiming that?

The court records conclusively show that Porter stated his authority as a whole came directly from Lincoln, so in that since he did indeed give it his blessing. The court records also conclusively show that Lincoln personally intervened to prevent the contempt order from being served upon Porter, which demonstrates specific sanction for Merrick's house arrest by Lincoln.

And the difference between authorizing and ordering is what?

If I were president of your homeowner's association and I give you a paper stating "you are hereby directed to collect five dollars in annual dues from every person living on Oak Street" it would be an order.

If you came to me and said "Jim Smith on the corner of Oak and Elm hasn't paid his dues and has an old toilet that he's using as a flower planter in his front yard. May I fine him" and I said yes, it would be an authorization.

In Murphy's case, Porter appears to have gone to Lincoln and said "you know, Abe, I've got all these judges jumping on my back and being nuisances to what we want to accomplish. Can I do something about them?" and Abe said yeah, thus making it an authorization.

If you're saying Lincoln authorized it because he suspended habeas corpus then that's another.

No. He authorized it for this specific case by giving sanction and cover to Porter, most notably in his intervention to block the contempt order from being served.

91 posted on 08/24/2004 1:07:54 PM PDT by GOPcapitalist ("Can Lincoln expect to subjugate a people thus resolved? No!" - Sam Houston, 3/1863)
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