Was Abe Lincoln Gay? (The blockbuster book that will change America’s history)

If the loving heart of the Great Emancipator found its natural amorous passions overwhelmingly directed toward those of his own sex, it would certainly be a stunning rebuke to the Republican Party’s scapegoating of same-sex love for electoral purposes. And a forthcoming book by the late Dr. C.A. Tripp — The Intimate World of Abraham Lincoln, to be published in the new year by Free Press — makes a powerful case that Lincoln was a lover of men.

Tripp, who worked closely in the 1940s and 1950s with the groundbreaking sexologist Alfred Kinsey, was a clinical psychologist, university professor and author of the 1975 best-seller The Homosexual Matrix, which helped transcend outdated Freudian clichés and establish that a same-sex affectional and sexual orientation is a normal and natural occurrence.

In his book on Lincoln, Tripp draws on his years with Kinsey, who, he wrote, "confronted the problem of classifying mixed sex patterns by devising his 0-to-6 scale, which allows the ranking of any homosexual component in a person’s life from none to entirely homosexual. By this measure Lincoln qualifies as a classical 5 — predominantly homosexual, but incidentally heterosexual."

Tripp also found, based on multiple historical accounts, that Lincoln attained puberty unusually early, by the age of 9 or 10 — early sexualization being a prime Kinsey indicator for same-sex proclivities. Even Lincoln’s stepmother admitted in a post-assassination interview that young Abe "never took much interest in the girls." And Tripp buttresses his findings that Lincoln was a same-sex lover with important new historical contributions.

[capitan_kerryfugio #375] Lincoln's initial authorization to suspend the writ was dated April 27, 1861. Merryman was arrested on May 25. In any case, as soon as Taney was made aware that the writ was suspended, his duty was to comply.

Assuming arguendo that the order of Lincoln was valid and authorized General Scott to suspend habeas corpus, it was restricted to General Scott personally, or "the officer in command at the point where resistance occurs."

As the official record documents quoted below demonstrate, General Keim directed Colonel Yohe to effect the arrest and Colonel Yohe directed Captain Heckman to make the arrest. General Keim was in Pennsylvania and could not be authorized to suspend habeas corpus in Maryland.

General Cadwalader was ordered to appear in court at 11 a.m., May 27, 1861.

In his message to Lt. Col. E.D. Townsend, General Cadwalader explicitly states that he had asked for specific charges and specifications and the names of witnesses and had not yet received it. He then adverts to his response to the writ to be filed that morning at 11 a.m., documenting that it was filed without knowing specific charges and specifications nor the identity of witnesses, two of which would be Constitutionally required for a charge of treason.

In his return to the writ, General Cadwalader had his aide-de-camp tell the Chief Justice of the Supreme Court that "He [General Cadwalader] has further inform you that he is duly authorized by the President of the United States in such cases to suspend the writ of habeas corpus for the public safety."

Note that there is no clear statement that anybody actually had suspended the writ. Through an aide, General Cadwalader only asserted second-hand, without documentation, that he had been authorized to do so.

The following day, on May 28, 1861, Lt. Col. Townsend sends a message to General Cadwalader stating, "The general-in-chief directs me to say under authority conferred upon him by the President of the United States and fully transferred to you that you will hold in secure confinement all persons implicated in treasonable practices unless you should become satisfied that the arrest in any particular case was made without sufficient evidence of guilt."

On August 20, 1861, HQ Division of the Potomac issued this: "When there is good reason to suppose that persons are giving aid and comfort to the enemy they should be arrested even when there is a want of positive proof of their guilt."

It appears clear that habeas had not been suspended by anyone prior to Taney's issuance of the writ. The record also indicates that habeas had not been suspended when General Cadwalader refused to appear in court in response to the writ. It appears that General Cadwalader was stalling for time as, by his own admission, he neither knew the specific charges or specifications, nor the names of any legally required witnesses.

It appears that General Cadwalader defied the lawfully issued writ on May 27th, and there is no record of anybody suspending the writ prior to May 28th.

Even then, the supposed authorization consists of a letter from Lt. Col. E.D. Townsend saying that the general-in-chief directed him to tell General Cadwalader that he had been authorized to suspend the writ. Even assuming arguendo that General Scott had the power to delegate authorization to suspend habeas it is highly doubtful that it could be lawfully delegated in such manner. The letter should have been signed and issued by General Scott personally.

It is certain that President Lincoln did not personally suspend habeas regarding Merryman. Congress has never authorized any President to delegate the authority to suspend habeas to any military officer. And, of course, Congress has never authorized any military officer to further delegate the authority to suspend habeas down the chain of command.

http://www.ehistory.com/uscw/library/or/107/0337.cfm

Page 337 Chapter LXIII. CORRESPONDENCE, ETC. - UNION.

HEADQUARTERS OF THE ARMY,
Washington, April 27, 1861.

The undersigned, General-in-Chief, of the Army, has received from the President of the United States the following communication:

COMMANDING GENERAL ARMY OF THE UNITED STATES:

You are engaged in repressing an insurrection against the laws of the United States. If at any point on or in the vicinity of the military line which is now used between the city of Philadelphia, via Perryville, Annapolis City, and Annapolis Junction, you find resistance which renders it necessary to suspend the writ of habeas corpus for the public safety, you personally, or through the officer in command at the point where resistance occurs, are authorized to suspend that writ.

ABRAHAM LINCOLN.

In accordance with the foregoing warrant, the undersigned devolves on Major-General Patterson, commanding the Department of Pennsylvania, Delaware, and Maryland; Brigadier-General Butler, commanding the Department of Annapolis, and Colonel Mansfield, commanding the Washington Department, a like authority, each within the limits of his command to execute in all proper cases the instructions of the President.

WINFIELD SCOTT.

THE MARYLAND ARRESTS -- OFFICIAL RECORD

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OFFICIAL RECORDS: Series 2, vol 1, Part 1 (Prisoners of War)

Page 574 PRISONERS OF WAR, ETC.

HEADQUARTERS DEPARTMENT OF ANNAPOLIS,
Baltimore, May 27, 1861.

Lieutenant Colonel E. D. TOWNSEND,

Asst. Adjt. General, Hdqrs. of the Army, Washington, D. C.

COLONEL: On the 25th instant Mr. John Merryman was arrested near Cockeysville to the northward of the city of Baltimore, by the order of Colonel Yohe acting under instructions from Major General William H. Keim. I inclose a copy of the instructions given by Colonel Yohe to Captain Heckman under which the arrest was made and also a copy of the written statement made by Adjt. James Miltimore and Lieutenant William H. Abel of the circumstances attending the arrest which was made on their arrival at Fort McHenry with the prisoner. You are aware that neither Colonel Yohe nor General Keim are within the limits of the department under my command. I donot know the address of Colonel Yohe. General Keim is I think in the neighborhood of Harrisburg.

I directed the officers named who brought the prisoner here to have more specific charges and specifications furnished against the accused with the names of witnesses by which it was expected to prove them and the nature of their testimony, which hen it was my intention to forward to you for the instruction of the general-in-chief.

I regret to say that I have not as yet been furnished with this information. I was yesterday evening served with a writ of habeas corpus issued by the Honorable Roger B. Taney, Chief Justice of the Supreme Court of the United States, commanding me to be and appear at the U. S. court-room in the city of Baltimore on Monday (this day), the 27th day of May, 1861, at 11 o'clock in the morning, and that I have with me the body of John Merryman of Baltimore County now in my custody, and that I certify and make known the day and cause of the capture and detention of the said John Merryman and that I do submit to and receive whatsoever the said court shall determine upon concerning me in this behalf.

I have the honor to inclose herewith a copy of said writ together with a copy of my reply thereto which will be handed to the court at 11 o'clock this day, the hour named in said writ.

Requesting to be furnished with further instructions as to the course I am to pursue in this case,

I have the honor to be, very respectfully, yours,

GEO. CADWALADER,

Brevet Major-General, Commanding.

======================

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Page 575 THE MARYLAND ARRESTS.

[Inclosure Numbers 1.]

HEADQUARTERS,
May 21, 1861.

Captain HECKMAN, Company D.

SIR: I have been directed by Major-General Keim to seize the arms of the company near you and arrest the captain if in arms against the Government. You will be cautious in your movements and be well satisfied that the captain or any of them are spreading secession sentiments and using their infleunce in favor of the Southern Confederacy. By all means get the arms. Do not make it known until you are ready and be sure that you accompalish your purpose. If you think you need any assistance you can call upon Company E, at Cockeysville. If you arrest the captain take him to General Cadwalader's department. Do not be precipitate. Act cooly and deliberately but determinedly.

Yours, &c.,

SAM'L YOHE,

Colonel First Regiment Pennsylvania Volunteers.

[Inclosure Numbers 2.]

This is certify that Mr. John Merryman was arrested by orders of Colonel Yoheas first lieutenant of a secession company who have in their possession arms belonging to the United States Gopvernment for the purpose of using the same against the Government. The prisoner acknowledged being lieutenant of said company in the presence of Adjutant Miltimore, of First Regiment of Pennsylvania Volunteers, and Lieutenant Abel, Company D, First Regiment. It can also be proven that the prisoner has been drilling with his company and has uttered and advanced secession doctrines. The prisoner was arrested on the morning of May 25 at his residence about two miles from Cockeysville.

JAMES MILTIMORE, Adjutant,

WILLIAM H. ABEL, Lieutenant,

First Regiment Pennsylvania Volunteers.

[Inclosure Numbers 3.]

THE UNITED STATES OF AMERICA,

District of Maryland, to wit:

To GEORGE CADWALADER, GREETING:

You are hereby commanded to be and appear before the Honorable Roger B. Taney, Chief Justice of the Supreme Court of the United States, at the U. S. court room in the Masonic Hal in the city of Baltimore on Monday, the 27th day of May, 1861, at 11 o'clock in the morning, and that you have with you the body of John Merryman, of Baltimore County, and now in your custody, and that you certify and make known the dayand cause of the capture and detention of the said John Merryman, and that you then and there do submit to and receive whatsoaccording to law, and have you then and there this writ.

Witness, the Honorable R. B. Taney, Chief Justice of our Supreme Court, the first Monday in December, in the year of our Lord 1861.

[SEAL.]

THOS. SPICER,

Circuit Clerk.

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Page 576 PRISONERS OF WAR, ETC.

Inclosure Numbers 4.]

HEADQUARTERS DEPARTMENT OF ANNAPOLIS,
Fort McHenry, May 26, 1861.

Honorable ROGER B. TANEY,

Chief Justice of the Supreme Court of the United States,

Baltimore, Md.

SIR: The undersigned to whom the annexed writ of this date signed by Thomas Spicer, clerk of the Supreme Court of the United States, is directed most respectfully states that the arrest of Mr. John Merryman in the said writ named was not made with his knowledge or by his order or direction but was made by Colonel Samuel Yohe acting under the orders of Major General William H. Keim, both of said officers being in the military service of the United States but not within the limits of his command. The prisoner was brought to this post on the 25th instant by Adjt. James Miltimore and Lieutenant William H. Abel by order of Colonel Yohe, and is charged with various acts of treason and with being publicly associated with and holding a commission as lieutenant in a company having in their possession arms belonging to the United States and avowing his purpose of armed hostility against the Government. He is also informed that it can be clarly established that the prisoner has made open and unreserved declarations of his association with this organized force; as being in avowed hostility to the Goverment and in readiness to co-operate with those engaged in the present rebellion against the Government of the United States.

He has further inform you that he is duly authorized by the President of the United States in such cases to suspend the writ of habeas corpus for the public safety. This is a high and delicate trust and it has been enjoined upon him that it should be executed with judgment and discretion but he is neverthelesss also instructed that in times of civil strife errors if any should be on the side of safety to the country. He most respectfully submits for your consideration that those who should co-operate in the present trying and painful position in which our country is placed should not by reason of any unnecessary want of confidence in each other increase our embarrassments. He therefore respectfully requests that you will postpone further action upon this case until he can receive instructions from the President of the United States when you shall hear further from him.

I have the honor to be, with high respect, your obedient servant,

GEO. CADWALADER,

Brevet Major-General, U. S. Army, Commanding.

HEADQUARTERS OF THE ARMY,
Washington, May 28, 1861.

Bvt. Major General G. CADWALADER, U. S. Army,

Commanding Department of Annapolis, Baltimore, Md.

GENERAL: Your letter of the 27th instant with inclosures reporting the arrest of John Merryman and the issue by Chief Justice Taney of a writ of habeas corpus in his case has been received.

The general-in-chief directs me to say under authority conferred upon him by the President of the United States and fully transferred to you that you will hold in secure confinement all persons implicated in treasonable practices unless you should become satisfied that the arrest in any particular case was made without sufficient evidence of guilt.

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Page 577 THE MARYLAND ARRESTS.

In returns to writs of habeas corpus by whomsoever issued you will most respectfully decline for the time to produce the prisoners but will say that when the present unhappy difficulties are at an end you will duly respond to the writs in question.

I am, sir, very respectfully, your obedient servant,

E. D. TOWNSEND,

Assistant Adjutant-General.

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Page 589 THE MARYLAND ARRESTS.

HEADQUARTERS DEPARTMENT OF PENNSYLVANIA,
Fort McHenry, Md., August 9, 1861.

Colonel E. D. TOWNSEND,

Assistant Adjutant-General, Headquarters of the Army.

COLONEL: The man who is supposed to have shot one of the pickets south of the Relay House is in custody but there is no proof against him. The captain who made the examination has been here and the evidence which is purely circumstantial would not be sufficient I am satisfied to sustain an indictment by a grand jury. The soldier received a ball in his wrist and there was some apprehension that he would lose his hand. I have thought it best to hold the suspected person a few days longer with the hope-a faint one as I think-of procuring additional testimony. If I get none I propose to deliver him to the civil authorities unless the general-in-chief advises otherwise.

My own view of the proper course in regard to persons taken into custody by military force is not to hold them unless we have evidence sufficient to convict them before a court of competent jurisdiction. Whether in the condition of the judiciary in this portion of my department they shoul even with such evidence be surrendered for trial at this time is another question on which considerations of the public safety may have some influence. But if such evidence is absolutely wanting I suppose we should not hesitate either to release them or give them over to the prosecuring attorney to be disposed of as he may think proper.

I am, very respectfully, yours,

JOHN A. DIX,

Major-General, Commanding.

HEADQUARTERS DIVISION OF THE POTOMAC, August 20, 1861.

Major General JOHN A. DIX,

Commanding, &c., Baltimore, Md.

GENERAL: * * * Before many days some place will be designated where prisoners of this description can be sent for safe-keeping until everything is settled. When there is good reason to suppose that persons are giving aid and comfort to the enemy they should be arrested even when there is a want of positive proof of their guilt.

I am, sir, very respectfully, your obedient servant,

A. V. COLBURN,

Assistant Adjutant-General.

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