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To: fortheDeclaration
the Confederacy's President, Jefferson Davis, had no philosophical turmoil suspending the writ of habeas corpus and jailing Southerners without specified cause.

The Confederate Congress authorized Davis to suspend habeas corpus for specified time periods. Lincoln on the other hand suspended it on his own in 1861, for which the US Congress later had to indemnify him. If Lincoln had the power to suspend habeas corpus, as some Northern posters argue, why did the US Congress authorize Lincoln to suspend it in 1863?

3,177 posted on 03/02/2005 12:40:08 AM PST by rustbucket
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To: rustbucket
The Confederate Congress authorized Davis to suspend habeas corpus for specified time periods. Lincoln on the other hand suspended it on his own in 1861, for which the US Congress later had to indemnify him. If Lincoln had the power to suspend habeas corpus, as some Northern posters argue, why did the US Congress authorize Lincoln to suspend it in 1863?

To make sure that there was no confusion on its support for what Lincoln did.

3,179 posted on 03/02/2005 12:45:12 AM PST by fortheDeclaration
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To: rustbucket; fortheDeclaration
"Lincoln [had] shown that in construing any one provision of the Constitution in its relationship with the other provisions with which it may appear to be in conflict, the dominating purpose of the Constitution, as distinct from its instrumental purposes, must provide the guide to its interpretation. there can hardly be any question but that the provision for suspending the writ of habeas corpus is placed in the Constitution to enable the government to provide for the public safety in the case of rebellion. Where in the Constitution it is placed is wholly subordinate to why it is there at all."

Prof. Harry Jaffa
A New Birth of Freedom

3,181 posted on 03/02/2005 12:49:43 AM PST by capitan_refugio
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