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Lincoln’s 'Great Crime': The Arrest Warrant for the Chief Justice
Lew Rockwell.com ^ | August 19, 2004 | Thomas J. DiLorenzo

Posted on 08/20/2004 5:43:21 AM PDT by TexConfederate1861

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To: stand watie
I do not presume to be part of a "group." So what you may have asked others doesn't concern me. I'll make my case, and you'll make your case. I think that's perfectly reasonable. I don't attempt to make your case for you - I wouldn't even know how to begin.

"Factual" information, unsubstantiated, amounts to nothing more than personal opinion. You obviously have the educational background to make a reasoned, referenced, and substantiated argument. So why not take that course, rather than hurl invective-laden broadsides? It simply cheapens the discussion. (I know, as I fall into that trap as much as anyone on these threads.)

1,821 posted on 09/24/2004 12:54:33 PM PDT by capitan_refugio
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To: Chickamauga
And Twiggs surrendered all Union property in his department before resigning his general's commission.

I believe your timetable is incorrect. Twiggs had been advised that he had been replaced as commander (i.e., his request to resign had been granted) before Texas troops took him prisoner. He was still in command because his replacement was about 60 miles away.

Take a look at the following eye-witness account from the Southwestern Historical Quarterly. Twigg's capture

Texas forces under Ben McCulloch started surrounding the Federal institutions in San Antonio starting as early as 4 AM on the day of Twigg's capture and the surrender of Federal equipment and installations.

The Memphis Daily Appeal of February 28, 1861, had a reported written while the negotiations with the captured Twiggs were underway. It pointed out that Federal troops were still holding out, despite being surrounded by a much larger force:

At present, three o'clock P.M., two companies of infantry are still besieged, one in the commissary, about 125 men, and the other in the arsenal and their unconditional surrender demanded.

In other things I've read, the words got quite heated between Twiggs and the Texas commissioners negotiating the turn over. Twiggs eventually prevailed enough that his troops were allowed to take their horses and arms and provisions to the coast. The various federal forts were to be surrendered to Texas troops. In fact, some of the forts had already been surrendered by local Federal commanders who did not believe the Federal government would wish bloodshed over a constitutional issue.

San Antonio was not like Fort Sumter, where Federal troops were in a somewhat defensible place and rescue by sea was potentially possible. They were hundreds of miles from succor and greatly outnumbered. General Twiggs could have done a Davy Crockett and perished in heroism, but instead he spared the lives of his troops and negotiated their path back to the United States. Texas later reneged on the bargain and took the Federal troops prisoner, as I remember.

1,822 posted on 09/24/2004 12:55:15 PM PDT by rustbucket
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To: GOPcapitalist
Nope, but the state militia was and Houston told the state militia leaders to arrange for the peaceful transfer of federal facilities in Texas into state hands.

Twiggs did not have the authority to transfer federal facilities to state hands. Only Congress can.

1,823 posted on 09/24/2004 1:15:14 PM PDT by Non-Sequitur (Jefferson Davis - the first 'selected, not elected' president.)
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To: rustbucket
General Twiggs replied, that if an old woman with a broomstick in hand had come to him and having authority from the State of Texas demanded his surrender he would have yielded without a word of protest.

Yep, sounds like Twiggs put up a real fight.

1,824 posted on 09/24/2004 1:17:01 PM PDT by Chickamauga (Cump Sherman was our greatest general.)
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To: Non-Sequitur
Twiggs did not have the authority to transfer federal facilities to state hands. Only Congress can.

I don't believe I've ever asserted otherwise - only that Twigg's action was supported by Houston, who is often incorrectly portrayed as some great defender of the union. It's also amusing how you become a stickler for the rules of congressional procedure when the person exerting a power of Congress is somebody other than Saint Abe.

1,825 posted on 09/24/2004 1:18:49 PM PDT by GOPcapitalist
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To: capitan_refugio
This book is extremely well-researched and, perhaps, that is why it won the Pulitzer Prize for History.

You wrote:

If there is a problem in dating the case from 1818, you can blame Carl Swisher, Taney's most literate biographer. The footnote for that citation reads: "FN19 ... On Taney's manumissions and defense of the abolitionist minister, see Swisher, [Roger B.] Taney, 94-98; Lewis, Without Fear or Favor, 44, 76-79."
So again, your contention is that Fehrenbacher did not research the case, that he simply used the research of others, without any attempt at validating the information?
1,826 posted on 09/24/2004 1:44:33 PM PDT by 4CJ (Laissez les bon FReeps rouler)
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To: capitan_refugio
It is entirely unclear as to whether the opinion given from the bench (which was the one which was voted upon as the decision) is the one Taney eventually published. In fact, it is quite clear that Taney violated the rules of the Supreme Court by not immediately turning the opinion over to the Clerk for publication ("The Supreme Court Rule 25 (in force since 1834) declared: 'All opinions delivered by the court shall, immediately upon delivery thereof, be delivered over to the clerk to be recorded.'"). Instead, Taney took back the decision and added, what was estimated to be at the time, about 50% more text.

Bwahahahaha! It's not the justices opinion until they are thru with it, and the final copy is published. Justices routinely revise and direct comments regarding differing opinions on a case. That is how their opinion can cite from the other opinions for the same case.

Currently an opinion may be revised and presented at least three times before the "final" printing. A "bench opinion", a "slip opinion", "preliminary prints", and the final US Reports version.

1,827 posted on 09/24/2004 1:52:48 PM PDT by 4CJ (Laissez les bon FReeps rouler)
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To: Heyworth
NOPE. he meant people who were willing to DO something, rather than TALK,TALK,TALK.

like today's DIMocRATS, the anti-slavery societies were LONG on MOUTH & short on action.<P.free dixie,sw

1,828 posted on 09/24/2004 2:22:16 PM PDT by stand watie ( being a damnyankee is no better than being a racist. damnyankee is a LEARNED prejudice.)
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To: Chickamauga
who told you that NONSENSE about the Trans-Mississippi????

that is UTTER HOGWASH.

we could have held the Ozarks & most of the rest of the TMW with 10,000 troops forver. even US Grant admitted that.

free dixie,sw

1,829 posted on 09/24/2004 2:24:04 PM PDT by stand watie ( being a damnyankee is no better than being a racist. damnyankee is a LEARNED prejudice.)
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To: Chickamauga
TRUE!

and they sold them to the slavers from the north.

free dixie,sw

1,830 posted on 09/24/2004 2:25:07 PM PDT by stand watie ( being a damnyankee is no better than being a racist. damnyankee is a LEARNED prejudice.)
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To: Chickamauga
will i guess there is that.

though neither was by any means a traitor. FRANKLY, i'm surprised (considering the TENS of THOUSANDS of other atrocities that the bluebelly horde did commit) that they didn't decide to hang every Confederate.

damnyankee are nothing if not hateful/vengeful.

free dixie,sw

1,831 posted on 09/24/2004 2:27:41 PM PDT by stand watie ( being a damnyankee is no better than being a racist. damnyankee is a LEARNED prejudice.)
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To: bushpilot
actually N-S IS smart, as well as educated. he is the ONLY one of the unionist loonies that has both a brain & an education.

that makes him DANGEROUS to LIBERTY.

free dixie,sw

1,832 posted on 09/24/2004 2:29:25 PM PDT by stand watie ( being a damnyankee is no better than being a racist. damnyankee is a LEARNED prejudice.)
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To: capitan_refugio
simple. because the unionist lunatics here do NOT respond to REAL RESEARCH or FACTS, no matter their source if they show the damnyankees to be what they DEMONSTRABLY were.

that's why.

free dixie,sw

1,833 posted on 09/24/2004 2:31:59 PM PDT by stand watie ( being a damnyankee is no better than being a racist. damnyankee is a LEARNED prejudice.)
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To: stand watie
the anti-slavery societies were LONG on MOUTH & short on action

So why was the south so afraid of them, citing them over and over as a threat in the secession documents? You can't argue both that they were small and ineffectual and that the south saw them as enough of a threat that they cited them as a reason for secession.

1,834 posted on 09/24/2004 2:33:28 PM PDT by Heyworth
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To: Heyworth
So why was the south so afraid of them, citing them over and over as a threat in the secession documents?

Because of their terrorist offshoots, specifically John Brown and the Wide Awake clubs.

1,835 posted on 09/24/2004 2:36:41 PM PDT by GOPcapitalist
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To: Heyworth
the slaveOWNERS saw them as MUCH more powerful than they were. being rich doesn't mean you are smart.(HANOI-John being a case in point)

for the 90+% of NON-slaveowners, they generally neither knew nor cared what the societies said/thought/did.

as i've said numerous times, the slaveOWNERS were a SMALL, rich minority in the south AND they frequently collaborated with the enemy, thus i'm no fan of the plantation aristocracy.

free dixie,sw

1,836 posted on 09/24/2004 2:37:27 PM PDT by stand watie ( being a damnyankee is no better than being a racist. damnyankee is a LEARNED prejudice.)
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To: GOPcapitalist
there is that TOO.

nice comment.

free dixie,sw

1,837 posted on 09/24/2004 2:38:01 PM PDT by stand watie ( being a damnyankee is no better than being a racist. damnyankee is a LEARNED prejudice.)
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To: stand watie; All
btw,it's worth remembering that the FIRST victim AND the FIRST southern martyr was Officer Heywood Shepard, a VA Conservator of the Peace (YES, that's likely where the term "cop" came from), who was murdered in coldblood by John Brown's pack of theives/terrorists,while in the line of duty.

Mr Shepard was a "free person of colour", who was serving as a sworn VA State Police Officer, at the time of his untimely death.

free dixie,sw.

1,838 posted on 09/24/2004 2:44:38 PM PDT by stand watie ( being a damnyankee is no better than being a racist. damnyankee is a LEARNED prejudice.)
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To: GOPcapitalist; All
#1838 was supposed to be addressed to GOP capitalist. OOPS!

free dixie,sw

1,839 posted on 09/24/2004 2:46:34 PM PDT by stand watie ( being a damnyankee is no better than being a racist. damnyankee is a LEARNED prejudice.)
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To: Chickamauga
Twiggs believed in states rights. His answer is consistent with that position and his stated position to the War Department that he would not be instrumental in the starting of a civil war. Also, of course, his troops were outnumbered and surrounded and he himself had been captured by troops with shotguns. He wasn't exactly negotiating from a position of strength.

On the other hand he could have been better prepared than he was and put his troops on alert and in better defensive positions. The San Antonio newspaper a day or two before the Texas troops arrived warned that thousands of Texas troops were coming. It turned out to be only 800, but they far outnumbered the 160 Federal troops in town.

Twiggs could have refused to surrender Federal facilities in Texas. In he had done that, the facilities would be taken by force anyway with heavy casualties in his troops. He was in a hopeless position.

I don't think Robert E. Lee thought very highly of Twiggs action.

1,840 posted on 09/24/2004 2:58:02 PM PDT by rustbucket
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