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Commentary: Truth blown away in sugarcoated 'Gone With the Wind'
sacbee ^ | 11-13-04

Posted on 11/13/2004 11:12:00 AM PST by LouAvul

....snip......

Based on Margaret Mitchell's hugely popular novel, producer David O. Selznick's four-hour epic tale of the American South during slavery, the Civil War and Reconstruction is the all-time box-office champion.

.......snip........

Considering its financial success and critical acclaim, "Gone With the Wind" may be the most famous movie ever made.

It's also a lie.

......snip.........

Along with D.W. Griffith's technically innovative but ethically reprehensible "The Birth of a Nation" (from 1915), which portrayed the Ku Klux Klan as heroic, "GWTW" presents a picture of the pre-Civil War South in which slavery is a noble institution and slaves are content with their status.

Furthermore, it puts forth an image of Reconstruction as one in which freed blacks, the occupying Union army, Southern "scalawags" and Northern "carpetbaggers" inflict great harm on the defeated South, which is saved - along with the honor of Southern womanhood - by the bravery of KKK-like vigilantes.

To his credit, Selznick did eliminate some of the most egregious racism in Mitchell's novel, including the frequent use of the N-word, and downplayed the role of the KKK, compared with "Birth of a Nation," by showing no hooded vigilantes.

......snip.........

One can say that "GWTW" was a product of its times, when racial segregation was still the law of the South and a common practice in the North, and shouldn't be judged by today's political and moral standards. And it's true that most historical scholarship prior to the 1950s, like the movie, also portrayed slavery as a relatively benign institution and Reconstruction as unequivocally evil.

.....snip.........

Or as William L. Patterson of the Chicago Defender succinctly wrote: "('Gone With the Wind' is a) weapon of terror against black America."

(Excerpt) Read more at sacticket.com ...


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To: capitan_refugio
http://www.freerepublic.com/focus/backroom/1195393/posts?q=1&&page=1279#1279

From the Hamdi v Rumsfeld decision, comes this short review of Mitchell. I saw the case referenced several times, but I have not taken time to look it up yet, so I will limit my comments.

"The Fourth Circuit’s ruling also is entirely inconsistent with this Court’s long experience with the review of Executive branch seizures. In Mitchell v. Harmony, this Court reviewed and rejected the military’s seizure of a citizen’s property in Mexico during the Mexican-American war. 54 U.S. (13 How.) at 128-29. The plaintiff, a naturalized American businessman, filed an action against a U.S. colonel to recover the value of his property seized by the military. The government responded that the businessman had a “design” to trade with the enemy, and that the decision of the military commander to seize the property “must be entitled to some respect.” Id. at 118, 120.

"Rejecting these arguments, Chief Justice Taney’s opinion for the Court found the government’s defense to be based on “rumors which reached the commanding officer.” Id. at 133. “Mere suspicions of an illegal intention,” the Court stated, “will not authorize a military officer to seize and detain the property of an American citizen. The fact that such an intention existed must be shown; and of that there is no evidence.” Id. If an Article III court, consistent with separation of powers principles, can inquire into the seizure of a citizen’s property by the military within a country at war with the United States as in Harmony, these same principles surely pose no barrier to an inquiry into the seizure of the citizen himself."

It seems that Mitchell is not applicable to the situation of the South in the ACW. By their insurrection, the southern rebels forsook their claim to United States citizenship. I do not see how they could assert legal protections, if those protections were even applicable, from the document and country they renounced.

1,279 posted on 09/16/2004 11:39:32 PM CDT by capitan_refugio
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WAS IT FROM THE HAMDI v. RUMSFELD DECISION??? NO!!!

NEXT LIE COMING UP

----------------------------------------------

http://www.freerepublic.com/focus/backroom/1195393/posts?q=1&&page=1370#1370

HERE is what you wrote WAY BACK WHEN on 9/18/2004

I have not read Mitchell, but the description in the Hamdi footnote is that the plantiff was a US citizen. As such, it is not applicable to the southerners in the ACW. After perusing your post, I hope you are wearing your Depends, as you have probably blown a sphincter.

WAS IT A HAMDI FOOTNOTE??? NO!!!!

NEXT LIE COMING UP

-----------------------------------------------

http://www.freerepublic.com/focus/f-backroom/1279209/posts?page=1086#1086

(5) It was indeed a footnote in the web article quoted from the Hamdi documentation.

1,086 posted on 11/24/2004 11:20:41 AM CST by capitan_refugio

WAS IT FROM A WEB ARTICLE??? NO!!!

WAS IT A FOOTNOTE??? NO!!!

NEXT LIE COMING UP

--------------------------------------------------

http://www.freerepublic.com/focus/f-backroom/1279209/posts?page=1195#1195

[capitan_kerryfugio full of crap again]

From a 'reply brief" we find this statement: "In a footnote, Respondents distinguish this Court’s opinions in Mitchell v. Harmony, 54 U.S. (13 How.) 115 (1851), Sterling v. Constantin, 287 U.S. 378 (1932), and prize cases by explaining that they 'do not support the type of factual development that petitioners have in mind with respect to the challenged enemy-combatant determination in this case.'" Her is the web article:

http://www.abanet.org/publiced/preview/briefs/pdfs_03/03-6696PetReply.pdf

1,195 posted on 11/25/2004 3:49:22 AM CST by capitan_refugio
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DOES THE LINK GO TO AN ARTICLE??? NO!!!

DOES IT REFER TO THE FOOTNOTE PREVIOUSLY QUOTED BY CAPITAN_KERRYFUGIO??? NO!!!

DO IT CONTAIN A LINK TO THE FOOTNOTE IN QUESTION??? NO!!!

Apparently you are either:

That is not a " web article" but a copy of the "Reply Brief for Petitioners, Yaser Esam Hamdi and Esam Fouad Hamdi as next friend of Yaser Esam Hamdi." (Eser Hamdi is Yaser Hamdi's father.) Indeed it says that RESPONDENTS distinguish this Court's opinions in "Mitchell v. Harmony, 54 U.S. (13 How.) 115 (1851), Sterling v. Constantin, 287 U.S. 378 (1932), and prize cases," citing "Resp. Br. 49-50 n.24." RESPONDENTS did that. The RESPONDENTS were Donald Rumsfeld, Secretary of Defense, et al.

AS I SAID, what you quoted was submitted by a public defender on behalf of Yaser Hamdi. What you are now attempting to lie your way out with is a reference by Petitioner (Hamdi) to a footnote by Respondent (Donald Rumsfeld) submitted by Solicitor General Ted Olson.

http://news.findlaw.com/hdocs/docs/hamdi/hamdirums100103pet.pdf

The quote spans the width of the page ending page 24 and beginning page 25.

SOURCE: Petition for Writ of Certiorari on behalf of Yaser Esam Hamdi and Eser Fouad Hamdi as next friend of Yaser Esam Hamdi, submitted by Frank W. Dunham, Jr., Federal Public Defender, Eastern District of Virginia, Counsel of Record; and Geremy C. Kamens, Assistant Federal Public Defender, Office of the Federal Public Defender, Eastern District of Virginia.

THIS IS WHAT YOU QUOTED

3. The Fourth Circuit's ruling also is entirely inconsistent with this Court's long experience with the review of Executive branch seizures. In Mitchell v. Harmony, this Court reviewed and rejected the military's seizure of a citizen's property in Mexico during the Mexican-American war. 54 U.S. (13 How.) at 128-29. The plaintiff, a naturalized American businessman, filed an action against a U.S. colonel to recover the value of his property seized by the military. The government responded that the businessman had a "design" to trade with the enemy, and that the decision of the military commander to seize the property "must be entitled to some respect." Id. 118,120.

24

Rejecting these arguments, Chief Justice Taney's opinion for the Court found the government's defense to be based on "rumors which reached the commanding officer." Id. at 133. "Mere suspicions of an illegal intention," the Court stated, "will not authorize a military officer to seize and detain the property of an American citizen. The fact that such an intention existed must be shown; and of that there is no evidence." Id. If an Article III court, consistent with separation of powers principles, can inquire into the seizure of a citizen's property by the military within a country at war with the United States as in Harmony, these same principles surely pose no barrier to an inquiry into the seizure of the citizen himself.


THIS IS FOOTNOTE 24 FROM THE BRIEF FOR RESPONDENTS, RUMSFELD ET. AL.

SOURCE: Brief for the Respondents in Opposition filed by Solicitor General Ted Olson; Deputy Solicitor General Paul D. Clement; Assistant to the Solicitor General Gregory G. Garre; and Attorney John A. Drennan on behalf of Respondent Donald Rumsfeld, Secretary of Defense, et. al.

http://supreme.lp.findlaw.com/supreme_court/briefs/03-6696/03-6696.mer.resp.html

Supreme Court Briefs
No. 03-6996

In the Supreme Court of the United States
YASER ESAM HAMDI AND ESAM FOUAD HAMDI,
AS NEXT FRIEND OF YASER ESAM HAMDI, PETITIONERS
v.
DONALD RUMSFELD, SECRETARY OF DEFENSE, ET AL.
ON WRIT OF CERTIORARI
TO THE UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

BRIEF FOR THE RESPONDENTS
THEODORE B. OLSON Solicitor General
Counsel of Record

PAUL D. CLEMENT
Deputy Solicitor General

GREGORY G. GARRE
Assistant to the Solicitor

General JOHN A. DRENNAN
Attorney
Department of Justice
Washington, D.C. 20530-0001
(202) 514-2217

QUESTION PRESENTED

Whether the court of appeals erred in holding that respondents have established the legality of the military's detention of Yaser Esam Hamdi, a presumed American citizen who was captured in Afghanistan during the combat operations in late 2001, and was determined by the military to bean enemy combatant who should be detained in connection with the ongoing hostilities in Afghanistan.

In the Supreme Court of the United States No. 03-6696 YASER ESAM HAMDI AND ESAM FOUAD HAMDI,
AS NEXT FRIEND OF YASER ESAM HAMDI, PETITIONERS
v.
DONALD RUMSFELD, SECRETARY OF DEFENSE, ET AL.
ON WRIT OF CERTIORARI
TO THE UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
BRIEF FOR THE RESPONDENTS

This next-friend habeas action challenges the authority of the Commander in Chief and the armedforces under his command to detain an individual, Yaser Esam Hamdi, who was captured by coalition forces in Afghanistan in late 2001 when he surrendered with a Taliban unit while armed with an AK-47 assault rifle. The U.S. armed forces in Afghanistan determined that Hamdi is an enemy combatant who should be detained in connection with the ongoing hostilities. The military later obtained records indicating that Hamdi, a Saudi national, was born in the United States. Hamdi is now detained at the Naval Consolidated Brig in Charleston, South Carolina. The court of appeals correctly held that respondents have demonstrated the legality of Hamdi's wartime detention, and that this habeas action should be dismissed.

* * *

More fundamentally, the evidentiary inquiry ordered by the district court is incompatible with the conduct of war-and the constitutional commitment of the war power to the political branches. When the Commander in Chief has dispatched the armed forces to repel a foreign attack on this country, the military's duty is to subdue the enemy and not to prepare to defend its judgments in a federal courtroom. As Judge Wilkinson observed, subjecting the military's battlefield determination that Hamdi is an enemy combatant to further fact-finding "would ignore the fundamentals of Article I and II-namely that they entrust to our armed forces the capacity to make the necessary and traditional judgments attendant to armed warfare, and that among these judgments is the capture and detention of prisoners of war." J.A. 461 (concurring in the denial of rehearing) (citing The Prize Cases, 67 U.S. (2 Black) at 670)). [24]

CONCLUSION

The judgment of the court of appeals should be affirmed.

Respectfully submitted.
THEODORE B. OLSON

Solicitor General
PAUL D. CLEMENT

Deputy Solicitor General
GREGORY G. GARRE
Assistant to the Solicitor

General
JOHN A. DRENNAN
Attorney
MARCH 2004

* * *

24 Petitioners point (Br. 27) to Mitchell v. Harmony, 54 U.S. (13 How.) 115 (1851), and Sterling v. Constantin, 287 U.S. 378 (1932). However, those cases do not support the type of factual development that petitioners have in mind with respect to the challenged enemy-combatant determination in this case. See Br. in Opp. 30-32. Moreover, those cases predate the far more relevant observations that this Court made in Eisentrager, discussed above. Petitioners' analogy (Br. 27) to the law of prize is also inapt. Discovery in prize proceedings was typically limited in scope to evidence taken from the captured vessel, see, e.g., The Springbok, 72 U.S. (5 Wall.) 1, 9- 10 (1866), and usually occurred after hostilities had ended.


1,321 posted on 11/26/2004 4:35:54 AM PST by nolu chan
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To: Gianni; capitan_refugio
This time, it appears he has a friend who thinks that Congress supported the illegal suspension a la Farber When the congressional record is posted demonstrating otherwise, it's labeled "spam." It's the kind of thing I'd expect from children or imbeciles, not self-declared conservatives

As for the congressional record goes, that there were Nothern Democrats opposed to Lincoln no more unusual then the opposition and criticism that Davis got for some of his actions.

As for being conservatives, I would expect Conservatives to love this country, love the principles that it was founded on.

I have not seen any of that from any Southern defender.

Your criticisms of Lincoln range from the petty to the paranoid.

Were mistakes made by Lincoln, no doubt.

But wars, espically civil wars, are very messy to say the least.

This attempt to make Lincoln the arch villian in U.S. history is just revisionism run amok.

1,322 posted on 11/26/2004 4:42:28 AM PST by fortheDeclaration
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To: capitan_refugio
btw, where is your buddy, Hamdi?

As you were forced to admit after much discussion, you had never read the decision in Mitchell. Which, of course, explains why you were and are clueless of the context of the cherry-picked quote.

From Mitchell v. Harmony, including what you quoted. As is readily demonstrated, the quoted portion concerns nothing but the FIRST JUSTIFICATION of "trading with the enemy," which the Court said "has not been pressed in the argument." The Court considered FOUR MORE ALLEGED JUSTIFICATIONS and you have no earthly clue what the court said. Army Officer Mitchell was ordered to pay $109,372.52.

He justified the seizure on several grounds.

1. That the plaintiff was engaged in trading with the enemy.

2. That he was compelled to remain with the American forces, and to move with them, to prevent the property from falling into the hands of the enemy.

3. That the property was taken for public use.

4. That if the defendant was liable for the original taking, he was released from damages for its subsequent loss, by the act of the plaintiff, who had resumed the possession and control of it before the loss happened.

5. That the defendant acted in obedience to the order of his commanding officer, and therefore is not liable.

The first objection was overruled by the court, and we think correctly. There is no dispute about the facts which relate to this part of the case, nor any contradiction in the testimony. The plaintiff entered the hostile country openly for the purpose of trading, in company with other traders, and under the protection of the American flag. The inhabitants with whom he traded had submitted to the American arms, and the country was in possession of the military authorities of the United States. The trade in which he was engaged was not only sanctioned by the commander of the American troops, but, as appears by the record, was permitted by the Executive Department of the government, whose policy it was to conciliate, by kindness and commercial intercourse, the Mexican provinces bordering on the United States, and by that means weaken the power of the hostile government of Mexico, with which we were at war. It was one of the means resorted to to bring the war to a successful conclusion.

It is certainly true, as a general rule, that no citizen can lawfully trade with a public enemy; and if found to be engaged in such illicit traffic his goods are liable to seizure and confiscation. But the rule has no application to a case of this kind; nor can an officer of the United States seize the property of an American citizen, for an act which the constituted authorities, acting within the scope of their lawful powers, have authorized to be done.

Indeed this ground of justification has not been pressed in the argument. The defence has been placed, rather on rumors which reached the commanding officer and suspicions which he appears to have entertained of a secret design in the plaintiff to leave the American forces and carry on an illicit trade with the enemy, injurious to the interests of the United States. And if such a design had been shown, and that he was preparing to leave the American troops for that purpose, the seizure and detention of his property, to prevent its execution, would have been fully justified. But there is no evidence in the record tending to show that these rumors and suspicions had any foundation. And certainly mere suspicions of an illegal intention will not authorize a military officer to seize and detain the property of an American citizen. The fact that such an intention existed must be shown; and of that there is no evidence.

Also from Mitchell v. Harmony. (Harmony sued Army Officer Mitchell and won. The names were reversed for the appeal citation)

"Mitchell was an officer of the army, and was sued in an action of trespass by Harmony for seizing his property in the Mexican State of Chihuahua."

"The jury found a verdict for the plaintiff for $90,806.44; for which and the costs, amounting to 5,048.94, the court gave judgment for Harmony."

"Upon the whole, therefore, it is the opinion of this court, that there is no error in the instructions given by the Circuit Court, and that the judgment must be affirmed with costs."

AND WHILE WE ARE AT IT, LET US NOT FORGET THAT ARMY OFFICER MITCHELL HAD TO PAY 6% INTEREST AS WELL.

David D. Mitchell, Plaintiff in Error, } v. } Manuel X. Harmony. }

In obedience to the order of the court in this case, yesterday, the clerk of this court having filed the following report, namely:--

Supreme Court of the United States. No. 178. December Term, 1851

David D. Mitchell, Plaintiff in Error, } v. } Manuel X. Harmony. }

In error to the Circuit Court of the United States for the Southern District of New York.

In calculating the interest on the judgment of affirmance in the above-entitled cause, the clerk respectfully presents, at the instance of the respective counsel, the following different modes for the consideration of the court:--

1. Interest, at the rate of six per cent., on the judgment of the Circuit Court, from the 9th November, 1850, the day the judgment was signed, to this date.

2. Interest, from the 1st April, 1850, the first day of the term at which the judgment was rendered, to this date.

3. Interest, at the rate of 7 per cent., from 9th November, 1850, to 26th February, 1851, (the date of the writ of error,) and then at 6 per cent. on the aggregate, to this date.

4. Interest, at the rate of 7 per cent., from 1st April, 1850, to 26th February, 1851, and then at 6 per cent. on the aggregate, to this date.

The clerk feels bound to confine his calculations to the 18th rule of the court, irrespective of the act of Congress of 23d August, 1842. WM. THOMAS CARROLL, C. S. C. U. S.

14th May, 1852.

Calculation No. 1. $95,855.38 Judgment of Circuit Court, U.S., for New York, signed 9th November, 1850. 8,706.85 Interest, at 6 per cent. per annum, from 9th ___ November, 1850, to 14th May, 1852,-one year, $104,562.23 six months, and five days. Calculation No.2. $95,855.38 Judgment of Circuit Court, U.S., for New York, rendered 1st April, 1850. 12,204.57 Interest, at 6 per cent. per annum, from 1st April, ___ 1850, to 14th May, 1852,-two years, one $108,059.95 1/2 month, and fourteen days. Calculation No.3. $95,855.38 Judgment of Circuit Court, U.S., for New York, signed 9th November, 1850. 1,994.35 Interest, at 7 per cent. per annum, from 9th ___ November, 1850, to 26th February, 1851,-three 97,849.73 months and seventeen days. 7,139.51 Interest on this amount at 6 per cent. per annum, ___ from 26th February, 1851, to 14th May, 1852, $104,989.24 -one year, two months, and eighteen days. Calculation No.4. $95,855.38 Judgment of Circuit Court, U.S., for New York, rendered 1st April, 1850. 6,076.15 Interest, at 7 per cent. per annum, from 1st April, ___ 1850, to 26th February, 1851,-ten months $101,931.53 and twenty-six days. 7,440.99 Interest on this amount, at 6 per cent. per annum, ___ from 26th February, 1851, to 14th May, 1852, $109,372.52 -one year, two months, and eighteen days. And Mr. Vinton having filed the following exceptions, namely:--

The defendant in error, M. X. Harmony, excepts to the report of the clerk, touching the computation of interest on the above-named judgment of the Circuit Court, U. S., for the Southern District of New York, in this, namely:--

1st. That, by the act of Congress of the 23d of August, 1842, the said defendant in error is entitled to the same rate of entitled to if said judgment had been rendered in a State entitled to if said judgment had been rendered in a State court of the State of New York; whereas, the said computation allows 6 per cent. only on said judgment. See 5 Statutes at Large, 518.

2d. That the said interest ought to be computed, on said judgment, from the 1st Monday in April, 1850, instead of from the 9th of November of that year. See printed record, pages 19 and 20.

S. F. VINTON, For Defendant in Error.

May 14, 1852.

And the said defendant in error, also, at the same time, moves the court to open up the judgment of affirmance (rendered in this court at its present term) of said judgment of said Circuit Court, touching the damages allowed in said judgment of affirmance; and in lieu of 6 per cent. per annum, therein given on said judgment below, to allow 7 per cent. per annum therein, to be computed from the ___ day of _____ 1850, in conformity to said act of Congress, of the 23d of August, 1842.

S. F. VINTON, For Defendant in Error.

It is thereupon now here ordered by the court, that the said report and exceptions be set down for argument next Monday, the 17th instant.

The court declined to hear any argument on the motion of Mr. Vinton, and the exceptions filed by him to the clerk's report, and took the same under advisement.

On consideration of the motion made by Mr. Attorney-General Crittenden, on the 13th instant; of the report by the clerk, filed the 14th instant; of the exceptions to said report, by Mr. Vinton, filed the same instant; and of the motion filed by Mr. Vinton, the 15th instant, it is the opinion of the court, that the first calculation by the clerk in his report is the proper mode of calculating the damages given under the rule of court. Wherefore, it is now here ordered by the court, that the judgment entered in this case, on the 12th instant, do stand as the judgment of this court. Order.

This cause came on to be heard on the transcript of the record from the Circuit Court of the United States, for the Southern District of New York, and was argued by counsel. On consideration whereof, it is now here ordered and adjudged by this court, that the judgment of the said Circuit Court in this cause be, and the same is hereby, affirmed, with costs and damages, at the rate of six per centum per annum.

[capitan_kerryfugio] By their insurrection, the southern rebels forsook their claim to United States citizenship. I do not see how they could assert legal protections, if those protections were even applicable, from the document and country they renounced.

Actually, the UNITED STATES GOVERNMENT rejected precisely what you claim. As the UNITED STATES GOVERNMENT maintained that all acts of secession were null and void, it was legally as if they never happened. As such, the UNITED STATES GOVERNMENT maintained that none of the states in secession, so-called, had ever ceased to be a citizen of the United States.

Of course, if you want to argue that the DID, IN FACT secede, then you have one heck of an illegal war.

1,323 posted on 11/26/2004 4:42:54 AM PST by nolu chan
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To: Gianni; capitan_refugio
Next time I'm headed for LALA land, I'll ping you so that you can come down and say this to my face.

Now, that shows that you aren't a thug! LOL!

1,324 posted on 11/26/2004 4:44:30 AM PST by fortheDeclaration
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To: lentulusgracchus
There could never have been any doubt that he would parrot Lincoln with every line of every opinion he might be called on to write on the conduct and legality of the war...

Every opinion? Ex Parte Milligan was a unanimous decision against an administration policy. How did that one slip through?

1,325 posted on 11/26/2004 4:46:31 AM PST by Non-Sequitur (Jefferson Davis - the first 'selected, not elected' president.)
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To: capitan_refugio
historical foundations

That is history.

Gordon Wood states his qualifications at history and lack of same at law.

This is very distinguished legal company, and I confess to wondering about my qualifications to be a commentator on Justice Scalia's paper. I do not seem to have too many of them. I have never been to law school, so I have not experienced that intellectual rebirth which Justice Scalia says every first-year law school student experiences. I am not a jurist. I am not a legal philosopher. I am not even a legal or constitutional historian. I am just a plain eighteenth-century American historian who happens to have written something on the origins of the Constitution. I am not sure that this suffices.

Source: Gordon Wood, from his essay which appears in A Matter of Interpretation, Federal Courts and the Law, by Antonin Scalia, 1997, p. 49.

1,326 posted on 11/26/2004 4:49:08 AM PST by nolu chan
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To: fortheDeclaration
The American Colonies declared themselves a nation.

Where?

We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by the Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.

1,327 posted on 11/26/2004 4:56:15 AM PST by lentulusgracchus ("Whatever." -- sinkspur)
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To: fortheDeclaration
Who fired on the U.S. flag? An act of treason

Not for another country, moron.

1,328 posted on 11/26/2004 4:58:51 AM PST by lentulusgracchus ("Whatever." -- sinkspur)
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To: Max7
But Gone With the Wind is JUST A MOVIE...

So was "Gangs of New York".

1,329 posted on 11/26/2004 5:00:09 AM PST by Non-Sequitur (Jefferson Davis - the first 'selected, not elected' president.)
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To: fortheDeclaration
Now, the fact is that Congress did support the Presidents actions at least implicity by not attempting to impeach him for what he did.

Now, the fact is that Congress approved of Bill Clinton's Oval Office Lovin', at least implicity, by not convicting him for what he did.

Your logic is impeccable.

While Habeas Corpus was used sparingly, I am sure there were abuses of it by both the Union and Confederates.

Interested in the source for this, especially since "sparingly" seems like a pretty subjective thing. I'm sure that those locked away in Fort Lafayette would disagree. Not less than two prisons (Ft Lafeyette and the Old Capital Prison) earned the nickname American Bastille. For some, there could have been exactly one Northerner walking around outside a prison, and "sparingly" would seem fitting ("See, he spared at least one!")

But Lincoln can not in any stretch of the imigination be considered a tyrant for his use of it during a crises of the magnitude of the Civil War.

What are the objective criteria being used? Whether or not one is a tyrant is a matter largely of opinion.

1,330 posted on 11/26/2004 5:02:24 AM PST by Gianni
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To: fortheDeclaration; lentulusgracchus
Lets have each generation just start over again with a new system of government, throw out the old

Hey look, it's not what I said.

I thought I didn't recognize that!

1,331 posted on 11/26/2004 5:03:26 AM PST by Gianni
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To: fortheDeclaration
As for being conservatives, I would expect Conservatives to love this country, love the principles that it was founded on.

Oh, yes -- the principles that it was founded on!

But not people who come around with fairy-stories about "mystical Unions" that add up to "we're taking your rights away and you can't do anything about it!"

Americans get real sticky about that.

1,332 posted on 11/26/2004 5:05:01 AM PST by lentulusgracchus ("Whatever." -- sinkspur)
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To: FreedomCalls
You could still write-in his name though.

Could you?

1,333 posted on 11/26/2004 5:05:37 AM PST by Non-Sequitur (Jefferson Davis - the first 'selected, not elected' president.)
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To: fortheDeclaration
Correction, his state attempted to leave the Union. Did any foreign power recognize it as a separate state?

Take your bandwagon fallacy and appeals to force and stick 'em where the sun doesn't shine. I've told you about that stuff, and now I'm going to start getting really short with you, because you won't listen and you just keep blowing the same snot. You know it's BS, but you keep posting it.

1,334 posted on 11/26/2004 5:08:25 AM PST by lentulusgracchus ("Whatever." -- sinkspur)
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To: Non-Sequitur
Every opinion? Ex Parte Milligan was a unanimous decision against an administration policy. How did that one slip through?

Lincoln was dead? Chase wasn't going to jail for waging war on States?

The exception that proves the rule?

1,335 posted on 11/26/2004 5:11:39 AM PST by lentulusgracchus ("Whatever." -- sinkspur)
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To: fortheDeclaration
Davis was a man who served in the U.S. Senate. To return to his home state and then lead that same State and other States against the U.S. government that he had served under is nothing less then treason.

You seem to have things bass-ackeward. Davis served in the U.S. Senate. He was not a servant of the federal government. He was a servent of the people of Mississippi.

If a case could have been made against Davis, it would have been attempted. It was not. Perhaps all they needed was your legal expertise to carry it out. Legal experts of the day, lacking your expertise, knew it was a loser and that pursuit would rend the nation asunder.

Stop trying to redefine words to mean what you want them to mean, the way the Southern Cabel wants to redefine reality.

Take a look, joker - it is you attempting to alter the definition of treason.

1,336 posted on 11/26/2004 5:12:57 AM PST by Gianni
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To: lentulusgracchus
Who fired on the U.S. flag? An act of treason Not for another country, moron.

You weren't another nation, you only thought you were.

1,337 posted on 11/26/2004 5:13:58 AM PST by fortheDeclaration
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To: Gianni
Mississipi the last time I looked was part of the United States of America.

Leading it in rebellion against the U.S is treason.

1,338 posted on 11/26/2004 5:15:41 AM PST by fortheDeclaration
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To: Gianni
The critera I am using is the limited use of Habeas Corpus.

The fact that Congress was still in session.

Most States still had civil courts in use.

Elections were still held in 62 and 64.

Your definition of tyranny is pretty broad.

Wartime leads to necessary controls that would not happen in peace time.

The South had the same issues.

1,339 posted on 11/26/2004 5:19:09 AM PST by fortheDeclaration
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To: fortheDeclaration
but he also did not believe the Federal Government had any 'right'to defend itself from secession.

The word 'right' in quotes for good reason. Government is a creation of men. Men do not bestow rights. Governments do not have rights. Governments have powers delegated them.

1,340 posted on 11/26/2004 5:19:34 AM PST by Gianni
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