IMPORTANT FROM WASHINGTON: Another Proclamation by the President; Suspension of the Writ of Habeas Corpus (9/25/1862)

New York Times - Times Machine ^ | 9/25/1862

[Homer_J_Simpson]

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA:

Whereas, It has become necessary to call into service, not only volunteers, but also portions of the militia of the States by draft, in order to suppress the insurrection existing in the United States, and disloyal persons are not adequately restrained by the ordinary processes of law from hindering this measure, and from giving aid and comfort in various ways to the insurrection;

Whereas, it has become necessary to call into service, not only volunteers, but also portions of the militia of the States by draft, in order to suppress the insurrection existing in the United States, and disloyal persons are not adequately restrained by the ordinary processes of law from hindering this measure, and from giving aid and comfort in various ways to the insurrection;

Now, therefore, be it ordered:

First -- That during the existing insurrection and as a necessary measure for suppressing the same, all rebels and insurgents, their aiders and abettors, within the United States, and all persons discouraging volunteer enlistments, resisting militia drafts, or guilty of any disloyal practice affording aid and comfort to the rebels against the authority of the United States, shall be subject to martial law, and liable to trial and punishment by courts-martial or military commissions.

Third -- That the writ of habeas corpus is suspended in respect to all persons arrested, or who are now, or hereafter during the rebellion shall be, imprisoned in any fort, camp, arsenal, military prison or other place of confinement, by any military authority, or by the sentence of any Court-Martial or military commission.

In witness whereof I have hereunto set my hand, and caused the seal of the United States to be affixed.

[Homer_J_Simpson]

Free Republic University, Department of History presents U.S. History, 1861-1865: Seminar and Discussion Forum
The American Civil War, as seen through news reports of the time and later historical accounts

First session: November 21, 2015. Last date to add: May 2025.
Reading: Self-assigned. Recommendations made and welcomed.

Posting history, in reverse order

https://www.freerepublic.com/tag/by:homerjsimpson/index?tab=articles

To add this class to or drop it from your schedule notify Admissions and Records (Attn: Homer_J_Simpson) by reply or freepmail.

Link to previous New York Times thread

https://freerepublic.com/focus/f-chat/4095707/posts

[Homer_J_Simpson]

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[Homer_J_Simpson]

Important from Washington: Another Proclamation by the President – 2-3
A Serenade to the President: He Makes a Brief Speech – 3-4
From the Arm of the Potomac: No Troops Yet Crossed Into Virginia – 4
Affairs in Missouri: Preparations to Repel the Invasion of the State by Hindman and Rains – 4-5
The War in Kentucky: Preparations for the Anticipated Attack on Louisville – 5
Late and Important: Buell’s Army Near at Hand – 5
Editorial: The Situation on the Upper Potomac – 5-6
California and the Sanitary Commission – 6
Editorial: What the Country Has Done Toward the War – 6-7
Editorial: Slavery as a Support of a Military Republic – 7
Editorial: Morals of the Army – 7-8
Boiler Explosions – 8
Editorial: Indians and Overland Travel – 8
General News – 8
Arrival of the Nova-Scotia – 8
One Hundred Guns – 8

[Lurker]

From where in the Constitution did Lincoln claim this authority?

L

[Homer_J_Simpson]

From where in the Constitution did Lincoln claim this authority?

Article One, Section 9, Clause 2

"The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it."

[Lurker]

Thank you.

L

[joshua c]

i thought the supreme court told him he couldnt do it

i guess they were wrong?

his response was let them enforce it

good ol’ Abe

[normbal]

Was this before or after he enslaved white American youth to enforce anti-competitive trade practices for wealthy northern industrialists?

https://lneilsmith.org/abelenin.html

[TexasKamaAina]

I had to double check the date.

[hoosierham]

Good ole Abe decided sacrificing hundreds of thousands of men was an acceptable price to forcibly preserve the Union. I think there were better options.

[hoosierham]

Good ole Abe decided sacrificing hundreds of thousands of men was an acceptable price to forcibly preserve the Union. I think there were better options.

[rod5591]

President Trump torpedoed the future of the USA by failing to do this (suspend habeous corpus) during the riots in the Summer of 2020. He could have jailed the enemies of the USA indefinitely and saved the nation. Instead, Biden was elected and the destruction of the USA is now for all purposes assured. Its very discouraging. This, as well as his draconian covid lockdowns, will permanently stain Trumps presidency, despite his many other accomplishments. That’s why I don’t intend to support President Trump in a Republican Primary (I hope DeSantis is on the ballot), although I would vote for President Trump in a general election, assuming he is the GOP nominee.

[rxh4n1]

i thought the supreme court told him he couldnt do it

i guess they were wrong?

his response was let them enforce it

good ol’ Abe

Yep. He ignored them.

[BroJoeK]

The news from the "Far West" (Minnesota) was a little late arriving.
September 23 saw the final battle in the 1862 Dakota War, and USA victory.
Why these battles are included in Civil War numbers I can't guess, so I've been recording them, but not counting them in overall Civil War statistics.

Minnesota 1862 Dakota War Engagements

Date	Engagement	Military Units	Losses	Victor
Aug 19	New Ulm, Mn	Union civilians (Nix, Roos, Flandreau -350), Santee Sioux (Little Crow, Big Eagle -750)	Union 45-total (15-killed), Santee Sioux unknown	USA
Aug 20-22	Fort Ridgley, Mn.	Union Mn. Inf & Rangers (Marsh Shehan ~210), Santee Sioux (Little Crow, ~1,500))	Union 17-total (4-killed), Santee Sioux 7-total (2-killed)	USA
Sep 2-3	Birch Coulee, MN	Union Dept. of the NW (HP Grant, Anderson ~150), Dakota Indians(Gray Bird, Bald Eagle -200)	Union 60-total (13-killed), Dakotas unknown total (2-killed)	Santee Sioux
Sep 3 - 6	Fort Abercrombie, MN	Union garrison (Vander Horck ~300), Santee & other Sioux (~400)	Union 6-total (4-killed), Santee Sioux unknown	USA (fort held)
Sep 23	Wood Lake, MN	Union Dept of NW (Sibley, ~1,500), Santee Sioux (Little Crow ~700)	Union 57-total (7-killed), Confederates unknown-total (30-killed)	USA

The 1862 Dakota War resulted in about 185 American casualties, including 43 killed.
Santee Sioux casualties are mostly unknown but included at least 34 killed.

[BroJoeK]

joshua c: "i thought the supreme court told him he couldnt do it
i guess they were wrong?"

One lunatic pro-Confederate Supreme Court justice -- Crazy Roger Taney -- mumbled his absurd opinion while buckling up his pants on leaving a house of... less than sterling repute.

President Lincoln was under no obligation to obey the mumblings of a demented treasonous old man.

Congress debated habeas corpus from July 1861 until March 1863, when it passed legislation authorizing the President to suspend habeas corpus.

Meanwhile:

"In the Confederacy, Jefferson Davis also suspended habeas corpus and imposed martial law.[37]
Shortly after his inauguration as president of the Confederacy,[38] an act of the Confederate Congress of February 27, 1862, was passed authorizing Davis to suspend the writ of habeas corpus and declare martial law "in such towns, cities, and military districts as shall, in his judgment, be in such danger of attack by the enemy".[39]"

[Lurker]

Thanks,

L

[hoosierham]

The important point is why not let the states withdraw from the union?
Especially if that was the will of their people as expressed through their elected representatives?

[BroJoeK]

hoosierham: "The important point is why not let the states withdraw from the union?"

So, I'm guessing maybe you had Covid, or some other valid excuse, and missed the class where we discussed this in great detail, right?

The shorter version is: of course, the Union under Democrat President Buchanan did "let the states withdraw".
President Buchanan did nothing while Deep South Fire Eaters:

1. Declared secession, issuing Reasons for Secession documents which blamed mostly Republican anti-slavery positions.

2. Declared their new Confederacy.

3. Wrote and provisionally adopted their new Constitution.

4. Illegally seized dozens of major US Federal properties, including forts, ships, arsenals and mints.

5. Began to raise a Confederate army of 500,000 at a time when the entire Union army was around 17,000 most scattered in small forts out west.

6. Passed provisional tariffs.

7. Provoked war by threatening Union officials, seizing Federal properties and demanding the surrender of Union troops in Texas, South Carolina and Florida.

The United States only responded militarily after Confederates started war at Fort Sumter, SC, April 12, 1861.
Even then, the Union's first response was minimal -- no declaration of war, rebellion or insurrection.
Only after Confederates formally declared war on the United States -- May 6, 1861 -- did the Union begin seriously ramping up for major conflict.

Little known fact: in the Civil War's first year, more battles were fought in Union states & territories than in the Confederacy, including in Union New Mexico, Oklahoma, Missouri, Kentucky, West Virginia and Maryland.

[hoosierham]

Actually I did not know the Confederacy declared war first.
So the Confederate politicians overplayed their hand in the beginning.
Which was both arrogant and stupid with the result of half a million white men dead.
As always the common man pays for the mistakes of those people in power.

Actually I was diagnosed with COVID but generic flu medicine, aspirin, menthol cough drops and plenty of rest saw me through. No ivermectin was available thanks to Dr fakey and the big pharma. I did get 5 day antibiotic prescription five days after onset AFTER the fever had broken......