Replies

In April, 1861, the Southern States were either in the Union or out of it.

That's easy. They were in it.

If the ordinances of secession were not legally valid, then the President was limited by the acts of Congress, which, under the Constitution, had the whole military power.

Hardly. The Constitution makes the President the commander of the military, not Congress. It is he who tells the military what to do.

The only act which authorized him to employ the militia or the regular army to suppress obstruction to the laws was the act of 1807, which required that he must "first observe all the prerequisites of law in that respect." These were the issuance of a writ by a United States judge and a call from the marshal, if he found it impossible to execute the writ. But no call was made upon Lincoln, and only Congress could supply defects in the law.

I think your confusing the Insurrection Act of 1807 with the 1795 suppliment to the militia acts. The Insurrection act states: "Whenever the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State or Territory by the ordinary course of judicial proceedings, he may call into Federal service such of the militia of any State, and use such of the armed forces, as he considers necessary to enforce those laws or to suppress the rebellion." No need for a judge's order or the request of the state government. No need to get the approval of Congress. Just the authority to suppress insurrection regardless of where it is occuring.

On the other hand, if the secession ordinances were valid, and the States were out of the Union, then his acts were acts of war, and he as plainly violated his oath, for only Congress can declare war and make the laws necessary thereto.

Since they were not valid then the Southern states were not out of the Union. No declaration of war was needed, and Lincoln had authority to act under the laws in place at the time.

“Since they were not valid then the Southern states were not out of the Union. No declaration of war was needed, and Lincoln had authority to act under the laws in place at the time.”

Supporting your Federal despotism again?

States had to consent to conditions as an antecedent to their re-admission to Congress with Senators and Representatives

But-—They never left?

You said: "Lincoln had authority to act under the laws in place at the time."

It appears that the United States Congress was not as sure then as you are now.

Congress had to pass this in July, 90 days after he insituted the invasion and blockades, to provide Lincoln cover:

http://books.google.com/books?id=CM8iAAAAMAAJ&pg=PA440&lpg=PA440&dq=july+1861+%22whenever,+by+reason+of+unlawful+obstructions,+combinations,+or+assemblages+%22&source=bl&ots=txfRxEN6nr&sig=57-lz5wKFc7xSTrG4lYzDfuq8sY&hl=en&ei=eVNWSsiIKOG_twf419HWAg&sa=X&oi=book_result&ct=result&resnum=1

Since they [the ordinances of secession] were not valid then the Southern states were not out of the Union.

Why would you suggest that the ordinances of secession were not 'valid?' And by 'valid,' do you mean constitutional, or do you have some other criterion (or criteria, many of which we've seen you mention, in passing, on previous occasions) that you are applying with regard to this post?

;>)