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To: capitan_refugio; lentulusgracchus
Martial law is a wartime necessity in areas where the civil administration has broken down.

You're making excuses for criminals, tyrants, and murderers, capitan. What Milroy did is indefensible. As to the free reign you ascribe to martial law, the Supreme Court has said very clearly otherwise while also denouncing your goofy and contrived renderings about this so-called doctrine of necessity:

The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times and under all circumstances. No doctrine involving more pernicious consequences was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government. Such a doctrine leads directly to anarchy or despotism, but the theory of necessity on which it is based is false, for the government, within the Constitution, has all the powers granted to it which are necessary to preserve its existence, as has been happily proved by the result of the great effort to throw off its just authority. (Ex Parte Milligan)

If General Milroy told them to turn in their guns, shut up, and to cease giving aid to the enemy, and they violated that order, it is pretty much in the hands of the General to decide how to respond.

Bullsh*t. The court says the Constitution's protections apply "AT ALL TIMES AND UNDER ALL CIRCUMSTANCES." Exactly what do you not understand about that, capitan?

His word was law.

Contrived Stalinist bullsh*t.

I don't know what Mr. Moses Pittman's history was, but his actions may have amounted to reprisal for prior abuse.

So you think it's okay to reward a crony by giving him a bunch of prisoners and essentially saying "they're yours to torture as you please. Have fun!" As I said, contrived Stalinist bullsh*t and you are full of it tonight.

Who knows?

As if it somehow matters whether he was wronged by somebody else? MILROY GAVE HIM TWO OTHER HUMAN BEINGS AND TOLD HIM TO DISPOSE OF THEM BY TORTURE AS HE PLEASED. Do you not see the inherent and inescapable wrong in that act, capitan? Do you view human life as some disposable convenience like that abortionist senator of yours? Did your mother forget to teach you that taking the lives of other people is wrong?

You have not presented sufficient information.

Bullsh^t. I gave you a full citation of where to find the thing in the national archives and a detailed summary of what it contains.

But burning partisan's homes, if that is what they were, certainly tends to suppress dissent.

It sure does, Stalin boy, and that is precisely what is so fundamentally UNAMERICAN about it!

It is called "summary execution."

No capitan. It's called a crime against humanity. It's called Stalinism. And it is simply indefensible no matter the circumstances, time, or place. Hanging an unconvicted innocent from a door frame with a slip knot is pure evil. Staging an execution scene against an unconvicted innocent to look like an accident is pure evil. Handing unconvicted prisoners over to a crony so that they can be tortured to death and mutilated is pure evil. If you cannot comprehend that simple fact then you have no right or basis to pass any moral judgment whatsoever upon the south, upon the victims of Robert Milroy's abuses, upon the confederacy, or upon any member of this forum. As far as I'm concerned you can rot in hell with Generals Milroy, Sherman, and the false god of Lincoln to which you practice your idolatrous and blasphemous religion of tyranny.

1,377 posted on 09/18/2004 12:01:29 AM PDT by GOPcapitalist ("Can Lincoln expect to subjugate a people thus resolved? No!" - Sam Houston, 3/1863)
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To: GOPcapitalist
4CJ has posted the same quote from Milligan several times, with the same result. It does not apply to a situation in a war zone. Milligan was a citizen of Indiana and the United States.

The operative passage from the decision is this: "But it is said that the jurisdiction is complete under the 'laws and usages of war.' It can serve no useful purpose to inquire what those laws and usages are, whence they originated, where found, and on whom they operate; they can never be applied to citizens in states which have upheld the authority of the government, and where the courts are open and their process unobstructed."

Plainly, in areas that did not uphold the authority of the federal government, were in a war zone, and had no operating civil courts, such as Tennessee and those areas that purported to secede; the "laws and usages of war" do apply.

quod erat demonstrandum

1,378 posted on 09/18/2004 12:21:30 AM PDT by capitan_refugio
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To: capitan_refugio; stand watie; 4ConservativeJustices; lentulusgracchus; Gianni; nolu chan; ...
Here's a transcript of one of the shortest of several Death Lists drawn up and implemented by the yankee general Robert Milroy in early 1865. The longest one has 58 names on it. Regardless of what you think about the yankee war cause, only a Stalinist or other tyrant could read something like this and call it acceptable, legally just, or excusable under either the laws of our nation or the eyes of God.

Head Quarters Dept. N.&C. B.R.
Tullahoma, Tenn

Sir:

You will proceed to the residences of the persons herein named and deal with them in accordance with the following instructions:

In all cases where the residences of the persons are ordered to be destroyed, you will observe the following previous to setting them on fire:

You will first search their houses and premises to see if they have any articles belonging to the U.S Gov. or that are contraband of War, which you will bring away in
case any are found; also all or any of the folllowing articles that may be found belonging to the aforesaid Persons.

First: All Hosres, Hogs, Sheep, Cattle, and any other animals or articles of whatever description that may be valuable to the U.S. Gov. especially those that are
valuable to the Quartermaster, Comisary, and Hospital Departments.

Second: All stoves and stove pipes of whatever description and all Kitchen utensils, Queens ware, beds, bedding, knives, forks etc; also chairs, sofas, sociables,
lounges, and everything of the charecter of househotel furniture.

Third: All window sash and glass, looking glasses, carpets etc.

Fourth: Every article of househotel furniture which you do not bring with you must be destroyed or burned with the house.

Fifth: All barns, stables, smoke houses, or any other out houses of any description whatsoever or any buildings or articles that could probably be of use or benefit as
comfort to Rebels or Bushwhackers, their friends or any person siding abetting or sympathising with Rebels Bushwackers etc or which could be used for subsistance
for man or beast will be destroyed or burned.

Sixth: All animals, forage or other articles of value brought in by you will be turned over to Lieut. J. W. Raymond A.A.L.M this stuff to be subject to the order of
Major Genl. Milroy to be disposed of as he may think proper; taking a receipt therefor from Lieut Raymond.

Seventh: The Train acompanying will be subject to your orders together with all the persons connected with it whether soldiers or citizens and you will cause any of
them, who may be guilty of committing depredations upon legal citizens or their Protperty to be arrested and you will not yourself or suffer those under your
command to commit any trespass or do any damage to persons or property except those specified in this order.

Eighth: You will burn the houses of the following named persons, take any of the articles named above that they may have, together with all forage and grains
belonging to them that you can bring away which may be useful to the U.S. Gov. for military purposes or otherwise and will give no receipts of any kind whatever.

Names                                        Dist                            Residences
1. Joseph How                                                             1/2 mile South of Hillsboro one mile west of the Hillsboro and Winchester road.
2. Shadrack McBride                  11                             On the Pelham & Hillsboro road.
3. Thomas L. Gunn                      11                             2 miles South of Hillsboro on Bean's Creek
4. Washington Riley                                                      Hillsboro
5. Pleasant Nevill                         12                             On the Pelham & Tullahoma road on Bean's Creek; (crossed out: Some neighborhood as the above named)
6. L. B. Austell                             12                            Same neighborhood as the above named.
7. John W. Jones                                                          3 miles South West of Hillsboro and one mile West of the Hillsboro and Winchester road.

Ninth: The following persons will be shot in addition to suffering in the manner prescribed in Paragraph Eighth.

Names                                        Dist                            Residences
                                                   Coffee Co.
1. Leroy Moore                                                            At Heffers mill on Bradley Creek

                                                   Franklin Co.
2. Thomas Sanders                      8                                On Elk River
3. William Sanders                       8                                Same neighborhood as the above. (search this house for arms before shooting him)
4. Louis Anderson                       8                                Same neighborhood as the above

By Command of Maj. Genl. Milroy
Thos. Worthington
Lieut. 106 O of I & A.D.C
SOURCE: National Archives of the United States, Union Provost Marshall Records, Microfilm group 416, Roll 46
1,379 posted on 09/18/2004 12:22:36 AM PDT by GOPcapitalist ("Can Lincoln expect to subjugate a people thus resolved? No!" - Sam Houston, 3/1863)
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To: GOPcapitalist
"You're making excuses for criminals, tyrants, and murderers, capitan."

I made no direct mention of Jefferson Davis or Alexander Stephens!

"Bullsh*t. The court says the Constitution's protections apply "AT ALL TIMES AND UNDER ALL CIRCUMSTANCES." Exactly what do you not understand about that, capitan?"

Your particular neo-reb line of "reasoning" is thoroughly refuted. What you don't understand, like your compatriot 4CJ, is that your citation of Milligan DOES NOT APPLY. If what you say is the the proper interpretation, which is is not, then why did the Court a fews years later rule as in Dow? Their language there in unequivocal. And, because it came after Milligan, it must take precedence over Milligan.

1,382 posted on 09/18/2004 12:29:54 AM PDT by capitan_refugio
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To: GOPcapitalist
"It sure does, Stalin boy, and that is precisely what is so fundamentally UNAMERICAN about it!"

Secession and insurrection against an unoppressive government are UNAMERICAN. Oppressing an entire class of people because of the color of their skin is also UNAMERICAN.

"So you think it's okay to reward a crony by giving him a bunch of prisoners and essentially saying "they're yours to torture as you please. Have fun!" As I said, contrived Stalinist bullsh*t and you are full of it tonight."

You have demonstrated you know know nothing about the background of the Moses Pittman situation. You are getting hysterical.

"MILROY GAVE HIM TWO OTHER HUMAN BEINGS AND TOLD HIM TO DISPOSE OF THEM BY TORTURE AS HE PLEASED."

It could very well have been the oldest and basest form of justice known to man - "revenge is a dish best served cold."

"I gave you a full citation of where to find the thing in the national archives and a detailed summary of what it contains."

You gave an editorial. You sound like Dan Rather.

"Hanging an unconvicted innocent from a door frame with a slip knot is pure evil."

How do you know they were "innocents"? Slavery is pure evil. The Confederacy was premised on the right to enslave, and was therefore itself pure evil.

"As far as I'm concerned you can rot in hell with Generals Milroy, Sherman, and the false god of Lincoln to which you practice your idolatrous and blasphemous religion of tyranny."

Game, set, and match.

I am making a point. The enslavers of the South could dish it out, but they couldn't take it. When reduced to the same lowly, humiliating position they put millions of black people into, they lost any pretense of nobility. Taney told the blacks, "You have no rights any white man needs to respect." The Union told the wayward and defeated confederacy, "You lost and you have no rights, period." It is a moral equivalency.

1,385 posted on 09/18/2004 12:52:32 AM PDT by capitan_refugio
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