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Locked on 04/13/2005 10:44:44 AM PDT by Admin Moderator, reason:
Endless complaints. |
Posted on 12/31/2004 2:21:30 PM PST by Caipirabob
Got a link?
Want my prediction?
The secession conventions and referenda of 1861 were not a "violation without cause", but were precisely revolutionary, sovereign, privileged acts of the People, made in redress of their grievances against the North.
You have just stated that the secession was in fact a revolution.
That is not what the South claimed it was doing, it claimed a legal right to secede not the right to revolt, which is a natural right, the very right that by the way, Calhoun denied when he rejected the Declaration of Independence's statement that all men were created equal.
As for grievances, the only grievance the South had was that it was losing power in Congress and could no longer block attempts to limit slavery's growth into the territories.
Consistency and predictability are important for the legal system, especially for business interests. If the entire legal system viewed each case on its own, and ignored any precedent, it would make it nearly impossible for a business to determine whether a prospective course of action would be held lawful or unlawful.
The system is not perfect.
Texas gave up the right to be a nation when it agreed to join with those states to the East.
No one forced Texas to join the Union.
Once it did, it gave up its right to exist as a nation.
Had he carefully read the opinion in WHITE v. HART, 80 U.S. 646 (1871) at 647, he would not be so froggy right now.
Your idea that the reason why Davis was not tried is utter nonsense.
After two years, the people wanted healing not treason trials.
In that, they were followig Lincoln's wishes for 'charity towards all, malice toward none'
Just like Wlat to get it backwards.
Nor did I say LG was incorrect.
In full cognizance of what you just said, I merely took the union of lg and his statement and proffered a new statement to effect a more perfect union.
Just as with the Articles of Confederation, once all the members departed, that constitution was dead.
No, Non-Squirter, section 2 deals with domestic disturbances requiring assistance to be given to the marshals of the courts. It was the War Between the States, not the Great Civil Disturbance.
capitan_refugio specifically said "in times of insurrection" and I specifically quoted the sections dealing explicitly with "insurrection."
[cr #569] Hence, the Federal government had, in times of insurrection, the power to call up the militia to enforce federal law and to suspend the privilege of the writ of habeas corpus.
I think the South needed to explain why there were free blacks owning property, (even other slaves) since they regarded the black as being property themselves.
Lincoln stated that the South claimed the blacks as property yet outlawed the slave trade as immoral and had blacks among them who were free and worth alot of money.
It was the South that was being inconsistent in its views on defending slavery.
Amen to your post!
Bullshit.
That was your quoted comment that I responded to and destroyed.
Your post is a bunch of diversionary nonsense.
Considering the disclosure of the suppressed Booth diary with 43 sheets/86 pages missing without adequate explanation; the exculpatory material that remained in what was left of the diary; the disclosure of the panel recommendation for clemency for Mary Surratt which was withheld from the President; the failure to convict at the trial of John H. Surratt, and the imprisonment, for perjury, of a key witness from the military conspiracy trial, the government did not dare to bring Jefferson Davis to trial.
And in case of an insurrection in any state, against the government thereof, it shall be lawful for the President of the United States, on application of the legislature of such state, or of the Executive, (when the legislature cannot be convened,) to call forth such number of the militia of any other state or states, as may be applied for, as he may judge sufficient to suppress such insurrection.
Destroyed with what?
Your post is a bunch of diversionary nonsense.
Funny, that is exactly what I thought your post was.
Considering the disclosure of the suppressed Booth diary with 43 sheets/86 pages missing without adequate explanation; the exculpatory material that remained in what was left of the diary; the disclosure of the panel recommendation for clemency for Mary Surratt which was withheld from the President; the failure to convict at the trial of John H. Surratt, and the imprisonment, for perjury, of a key witness from the military conspiracy trial, the government did not dare to bring Jefferson Davis to trial
Once again, assumption with no facts.
How do you jump to the conclusion that the Gov't was afraid that the South would considered not guilty of rebellion based on the fact that Davis was not tried?
I guess the real failure was on the part of the Confederate leadership who should have demanded a trial to get the verdict that they knew would be given.
You must have your tinfoil hat on this morning.
"And be it further enacted, That whenever the laws of the United States shall be opposed or the execution thereof obstructed, in any state, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by this act, the same being notified to the President of the United States, by an associate justice or the district judge, it shall be lawful for the President of the United States to call forth the militia of such state to suppress such combinations, and to cause the laws to be duly executed. And if the militia of a state, where such combinations may happen, shall refuse, or be insufficient to suppress the same, it shall be lawful for the President, if the legislature of the United States be not in session, to call forth and employ such numbers of the militia of any other state or states most convenient thereto, as may be necessary, and the use of militia, so to be called forth, may be continued, if necessary, until the expiration of thirty days after the commencement of the ensuing session."
Then, of course, there is also Section 3:
"That whenever it may be necessary, in the judgment of the President, to use the military force hereby directed to be called forth, the President shall forthwith, and previous thereto, by proclamation, command such insurgents to disperse, and retire peaceably to their respective abodes, within a limited time
And it continues:
"And be it further enacted, That whenever the laws of the United States shall be opposed or the execution thereof obstructed, in any state, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by this act, the same being notified to the President of the United States, by an associate justice or the district judge, it shall be lawful for the President of the United States to call forth the militia of such state to suppress such combinations, and to cause the laws to be duly executed. And if the militia of a state, where such combinations may happen, shall refuse, or be insufficient to suppress the same, it shall be lawful for the President, if the legislature of the United States be not in session, to call forth and employ such numbers of the militia of any other state or states most convenient thereto, as may be necessary, and the use of militia, so to be called forth, may be continued, if necessary, until the expiration of thirty days after the commencement of the ensuing session."
Then, of course, there is also Section 3:
"That whenever it may be necessary, in the judgment of the President, to use the military force hereby directed to be called forth, the President shall forthwith, and previous thereto, by proclamation, command such insurgents to disperse, and retire peaceably to their respective abodes, within a limited time
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