Posted on 06/12/2003 5:58:28 AM PDT by Aurelius
Over the years I've heard many rail at the South for seceding from the 'glorious Union.' They claim that Jeff Davis and all Southerners were really nothing but traitors - and some of these people were born and raised in the South and should know better, but don't, thanks to their government school 'education.'
Frank Conner, in his excellent book The South Under Siege 1830-2000 deals in some detail with the question of Davis' alleged 'treason.' In referring to the Northern leaders he noted: "They believed the most logical means of justifying the North's war would be to have the federal government convict Davis of treason against the United States. Such a conviction must presuppose that the Confederate States could not have seceded from the Union; so convicting Davis would validate the war and make it morally legitimate."
Although this was the way the federal government planned to proceed, that prolific South-hater, Thaddeus Stevens, couldn't keep his mouth shut and he let the cat out of the bag. Stevens said: "The Southerners should be treated as a conquered alien enemy...This can be done without violence to the established principles only on the theory that the Southern states were severed from the Union and were an independent government de facto and an alien enemy to be dealt with according to the laws of war...No reform can be effected in the Southern States if they have never left the Union..." And, although he did not plainly say it, what Stevens really desired was that the Christian culture of the Old South be 'reformed' into something more compatible with his beliefs. No matter how you look at it, the feds tried to have it both ways - they claimed the South was in rebellion and had never been out of the Union, but then it had to do certain things to 'get back' into the Union it had never been out of. Strange, is it not, that the 'history' books never seem to pick up on this?
At any rate, the Northern government prepared to try President Davis for treason while it had him in prison. Mr. Conner has observed that: "The War Department presented its evidence for a treason trial against Davis to a famed jurist, Francis Lieber, for his analysis. Lieber pronounced 'Davis will not be found guilty and we shall stand there completely beaten'." According to Mr. Conner, U.S. Attorney General James Speed appointed a renowned attorney, John J. Clifford, as his chief prosecutor. Clifford, after studying the government's evidence against Davis, withdrew from the case. He said he had 'grave doubts' about it. Not to be undone, Speed then appointed Richard Henry Dana, a prominent maritime lawyer, to the case. Mr. Dana also withdrew. He said basically, that as long as the North had won a military victory over the South, they should just be satisfied with that. In other words - "you won the war, boys, so don't push your luck beyond that."
Mr. Conner tells us that: "In 1866 President Johnson appointed a new U.S. attorney general, Henry Stanburg. But Stanburg wouldn't touch the case either. Thus had spoken the North's best and brightest jurists re the legitimacy of the War of Northern Aggression - even though the Jefferson Davis case offered blinding fame to the prosecutor who could prove that the South had seceded unconstitutionally." None of these bright lights from the North would touch this case with a ten-foot pole. It's not that they were dumb, in fact the reverse is true. These men knew a dead horse when they saw it and were not about to climb aboard and attempt to ride it across the treacherous stream of illegal secession. They knew better. In fact, a Northerner from New York, Charles O'Connor, became the legal counsel for Jeff Davis - without charge. That, plus the celebrity jurists from the North that refused to touch the case, told the federal government that they really had no case against Davis or secession and that Davis was merely being held as a political prisoner.
Author Richard Street, writing in The Civil War back in the 1950s said exactly the same thing. Referring to Jeff Davis, Street wrote: "He was imprisoned after the war, was never brought to trial. The North didn't dare give him a trial, knowing that a trial would establish that secession was not unconstitutional, that there had been no 'rebellion' and that the South had got a raw deal." At one point the government intimated that it would be willing to offer Davis a pardon, should he ask for one. Davis refused that and he demanded that the government either give him a pardon or give him a trial, or admit that they had dealt unjustly with him. Mr. Street said: "He died 'unpardoned' by a government that was leery of giving him a public hearing." If Davis was as guilty as they claimed, why no trial???
Had the federal government had any possible chance to convict Davis and therefore declare secession unconstitutional they would have done so in a New York minute. The fact that they diddled around and finally released him without benefit of the trial he wanted proves that the North had no real case against secession. Over 600,000 boys, both North and South, were killed or maimed so the North could fight a war of conquest over something that the South did that was neither illegal or wrong. Yet they claim the moral high ground because the 'freed' the slaves, a farce at best.
Until then it is the "law of the land".
Once the executive branch refused Taney order(s), it was incumbent upon Taney, not Lincoln, to take the case to the Supreme Court.
No. The LOSER is the party that appeals the case. Lincoln should have appealed if he disputed the outcome.
Then why do they glorify Lincoln?
Of course they can be arrested. But not at will, without specific charges being levied. A writ of habeas corpus protects citizens from a dictator/tyrant.
From Bouvier's Law Dictionary, 1856 Rev. 6th ed.:
'HABEAS CORPUS, remedies A writ of habeas corpus is an order in writing, signed by the judge who grants the same ... directed to any one having a person in his custody ... commanding him to produce, such person at a certain time and place, and to state the reasons why he is held in custody, or under restraint.'But what is most important is section 16:'The judge or court before whom the prisoner is brought on a habeas corpus, examines the return and Papers, if any, referred to in it, and if no legal cause be shown for the imprisonment or restraint; or if it appear, although legally committed, he has not been prosecuted or tried within the periods required by law, or that, for any other cause, the imprisonment cannot be legally continued, the prisoner is discharged from custody.'
The habeas corpus can be suspended only by authority of the legislature. The constitution of the United States provides, that the privilege of the writ of habeas corpus shall not be suspended unless when, in cases of invasion and rebellion, the public safety may require it. Whether this writ ought to be suspended depends on political considerations, of which the legislature, is to decide. 4 Cranch, 101. The proclamation of a military chief, declaring martial law, cannot, therefore, suspend the operation of the law. 1 Harr. Cond. Rep. Lo. 157, 159 3 Mart. Lo. R. 531.'
"We have heard talk enough. We have listened to all the drowsy, idealess, vapid sermons that we wish to hear. We have read your Bible and the works of your best minds. We have heard your prayers, your solemn groans and your reverential amens. All these amount to less than nothing. We want one fact. We beg at the doors of your churches for just one little fact. We pass our hats along your pews and under your pulpits and implore you for just one fact. We know all about your mouldy wonders and your stale miracles. We want a this year's fact. We ask only one. Give us one fact for charity. Your miracles are too ancient. The witnesses have been dead for nearly two thousand years." - Robert Ingersoll, 1872
"The doctrine that future happiness depends upon belief is monstrous. It is the infamy of infamies. The notion that faith in Christ is to be rewarded by an eternity of bliss, while a dependence upon reason, observation and experience merits everlasting pain, is too absurd for refutation, and can be relieved only by that unhappy mixture of insanity and ignorance, called "faith." What man, who ever thinks, can believe that blood can appease God? And yet, our entire system of religion is based upon that belief. The Jews pacified Jehovah with the blood of animals, and according to the Christian system, the blood of Jesus softened the heart of God a little, and rendered possible the salvation of a fortunate few. It is hard to conceive how the human mind can give assent to such terrible ideas, or how any sane man can read the Bible and still believe in the doctrine of inspiration." - Robert Ingersoll, 1872
"It is contended by many that ours is a Christian government, founded upon the Bible, and that all who look upon the book as false or foolish are destroying the foundation of our country. The truth is, our government is not founded upon the rights of gods, but upon the rights of men. Our Constitution was framed, not to declare and uphold the deity of Christ, but the sacredness of humanity." - Robert Ingersoll, 1873
"If there is a God who will damn his children forever, I would rather go to hell than to go to heaven and keep the society of such an infamous tyrant. I make my choice now. I despise that doctrine. It has covered the cheeks of this world with tears. It has polluted the hearts of children, and poisoned the imaginations of men.... What right have you, sir, Mr. clergyman, you, minister of the gospel to stand at the portals of the tomb, at the vestibule of eternity, and fill the future with horror and with fear? I do not believe this doctrine, neither do you. If you did, you could not sleep one moment. Any man who believes it, and has within his breast a decent, throbbing heart, will go insane. A man who believes that doctrine and does not go insane has the heart of a snake and the conscience of a hyena." - Robert Ingersoll, 1877
...that last quote of denial is particularly amusing as we can safely say that Mr. Ingersoll knows better now.
But do you see what kind of a person he was, Partisan? Ingersoll is yet another of the Radical Republican sleazebags you idolize. Though Sumner and Stevens definately do give him a run for his money, Ingersoll was easily the most wretched and vile politician the GOP produced during that stain on our nation's history known as reconstruction. But since you have a habit of reaching into our party's history, bypassing all the good apples, and going straight for the few rotten worm-ridden ones at the bottom of the barrel, it is of little surprise that you would embrace him.
But if thos Democrats lie about everything else, aren't their glorifications of Lincoln lies as well?
I profess my faith in God. I have not seen any indication that the same is not true of Dr. DiLorenzo. And though he wasn't a Christian of the typical mold, Lysander Spooner had no doubt of his creator either.
That puts all three of us on an immeasurably higher level than the vile self-worshipping servant of mammon known as Robert Green Ingersoll.
No, I said nothing about any rebels being free to disobey orders. What I did say was that LEGALLY, Lincoln failed in his Constitutional duty to obey the decision of the court.
So what is Lincoln's PROPER place in history?
I doubt it.
Ingersoll also fought for mammon and campaigned against God for decades. That is a far graver sin than refusing to worship at the feet of a government that actively endorses and practices robbery, child murder, the expunging of God from public life, and, as of this week, a level of sodomite perversity that has not enjoyed such open state sanction in this world since the city of its namesake was crushed by the heavens under a mountain of salt and brimstone.
I don't have GOP in my name, I have "conservative" and I'll defend the Constitution unto my death from dims, liberals, communists, traitors and liars. Ronald Reagan was the greatest President I'll ever know. The "republican" party of 1854-1877 sought to destroy the union, and are Republicans of the vilest sort.
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