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To: capitan_refugio
[cr] The Constitution provides the reasons for suspending the writ. That situation existed when Lincoln necessarily acted.

Article 1, Section 1 states:

All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

In detailing legislative powers therein granted, Article 1, Section 9 states:

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases or Rebellion or Invasion the public Safety may require it.

Was there a Rebellion in Maryland?

Was there an Invasion of Maryland? (not counting Spoons Butler's invading thugs)

What evidence is there that on May 28, 1861 the public safety of Baltimore required the suspension of habeas corpus?

What evidence is there that this legislative power was exercised by the Legislature?

1,792 posted on 11/30/2004 2:01:15 PM PST by nolu chan
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To: nolu chan
But Article I does not exclusively deal with legislative powers, nor is the Suspension Clause clearly and unquestionalby legislative power.

Furthermore, the the Suspension Clause originated in draft Article XI of the Philadelphia Convention, which dealt with primarily judicial issues. Its final appearance in Article I was the result of work by the Style Committee and was made without comment. (See Farber, p 160-161)

The placement of the Clause is less important than the reason it is there in the first place. (See Jaffa, pg 364)

"Was there a Rebellion in Maryland?"

Insurrectionists were operating in secret and openly in Maryland in early 1861. Acts of sabotage and rioting against the legal authortiy of the government also occurred.

"What evidence is there that on May 28, 1861 the public safety of Baltimore required the suspension of habeas corpus?"

There exists abundant evidence of threats to the public safety by Merryman and fellow insurrectionists prior to May 28. John Merryman, as an officer in the insurgent Maryland militia, was a leader in the treasonable activities.

"What evidence is there that this legislative power was exercised by the Legislature?"

You proceed from a faulty premise.

1,808 posted on 11/30/2004 4:20:00 PM PST by capitan_refugio
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