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To: Non-Sequitur
Judge Merrick was appointed to the bench by President Franklin Pierce. Pierce was a doughface from Vermont (Northerner with Southern sympathies). That is how he got nominated on something like to 50th ballot. He defeated Whig candidate Gen. Winfield Scott, in the last hurrah of that party.

"To dole out patronage, Pierce and his Cabinet {which included Sec. Treasury James Guthrie of KY; Sec. of War Jefferson Davis of MS; Sec. of Navy James Dobbin of NC; fellow doughface Sec. of State William Marcy of NY; and Attorney General Caleb Cushing of MA, who who show his stripes later when he bolted the Northern/Douglas wing of the Democrat Party to preside over the nomination of John Breckinridge} met daily, with two considerations dominating the agenda: distribution among the factions and geographical representation. The latter was necessary for congressional approval." (L. Gara, The Presidency of Franklin Pierce)

It is also said that Pierce "made no appointment that would offend southern sensibilities." Pierce appointed several rabidly pro-southern judges to high positions. Regarding one such appointment a newspaper opined, "If President Pierce wishes to create an anti-slavery sentiment that nothing short of the total abolition of slavery will quiet, he cannot accomplish in any other way as soon as by ... such tools of slave power."

One of the major problems which faced Lincoln early in the War was an entrenched, sometimes disloyal, pro-southern judiciary.

71 posted on 08/23/2004 11:49:42 PM PDT by capitan_refugio
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To: capitan_refugio
edit: "... who would show his stripes ..."
72 posted on 08/24/2004 12:01:02 AM PDT by capitan_refugio
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To: capitan_refugio
One of the major problems which faced Lincoln early in the War was an entrenched, sometimes disloyal, pro-southern judiciary.

To Lincoln? Their oath is to uphold the Constitution, not a dictator.

75 posted on 08/24/2004 5:23:38 AM PDT by 4CJ (||) Men die by the calendar, but nations die by their character. - John Armor, 5 Jun 2004 (||)
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To: capitan_refugio
Judge Merrick was appointed to the bench by President Franklin Pierce. Pierce was a doughface from Vermont (Northerner with Southern sympathies).

New Hampshire. BTW, attacking Merrick's person does not alter either the case he heard or the wanton abuses committed against him. Besides, everything I've read about him suggests that he had a highly respected professional career - long standing judge, congressman after the war, law professor at Georgetown. IIRC you made several unsubstantiated allegations against Merrick on the other thread, claiming that he was a "confederate sympathizer" - a report that you seemingly based off a website that did not contain any evidence whatsoever to that end. Now it seems that the only thing you got against him is to malign President Pierce, which again fails to address either issue, be it Merrick or the abuses committed against him.

You also neglect to account for how your gratuitous "confederate sympathizer" charge pertains to this case. Murphy was a northerner and the writ was issued to him on the grounds that he was an underage minor being held in the military service of the northern army. The case had nothing to do with arrests of accused secessionists.

In other words, the facts still remain undisputed:

1. Lincoln ignored and refused a federal court's writ of habeas corpus for Murphy.

2. To further impede the court, Lincoln authorized the house arrest of Judge Merrick and prevented the circuit panel from serving Porter with contempt.

Both of these actions were felonious.

78 posted on 08/24/2004 8:43:45 AM PDT by GOPcapitalist ("Can Lincoln expect to subjugate a people thus resolved? No!" - Sam Houston, 3/1863)
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To: capitan_refugio
Attorney General Caleb Cushing of MA, who who show his stripes later when he bolted the Northern/Douglas wing of the Democrat Party to preside over the nomination of John Breckinridge

Your source makes it sound as if Breckinridge's candidacy was some fringe outsider challenge for the nomination. In reality, Breckinridge was the INCUMBENT vice president from a moderate border state (Kentucky) and thus his party's heir apparent for the nomination. If anything, Breckinridge was the status quo candidate in 1860.

79 posted on 08/24/2004 8:47:50 AM PDT by GOPcapitalist ("Can Lincoln expect to subjugate a people thus resolved? No!" - Sam Houston, 3/1863)
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To: capitan_refugio
Bad post, I think.

In all the accusation no real substance. Looks a lot like the lefty's claiming Bush is a 'puppet of big oil' blah blah blah.

114 posted on 08/25/2004 6:43:54 AM PDT by Gianni (Standing ready to vote this "Wierdest thread ever")
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