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To: Non-Sequitur
Please do. He nailed the Davis regime and their massive violations of legal and civil rights, too.
'The Confederate Congress authorized suspension of the writ of habeas corpus for only about one-third of the war's duration, and President Davis actually suspended the writ of habeas corpus or imposed martial law over only a fraction of the territory within those seventeen months. Statutes limited suspension to the period from 27 February 1862 to 13 February 1863, and from 15 February 1864 to 31 July 1864. By contrast, President Lincoln without congressional authorization suspended the writ of habeas corpus in some places within two weeks of the fall of Fort Sumter, and in certain cases it was suspended throughout the North for twice as long as the Confederacy allowed suspension.'
Mark E. Neely, Jr., Southern Rights: Political Prisoners and the Myth of Confederate Constiutionalism, Charlottesville, VA: University of Virginia Press, 1999, pp. 9-10
Sounds like he nailed Lincoln.
745 posted on 11/22/2003 6:36:57 PM PST by 4CJ (Come along chihuahua, I want to hear you say yo quiero taco bell. - Nolu Chan, 28 Jul 2003)
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To: 4ConservativeJustices
"Not only did the confederate war department feel the need of military commissions, but in fact it quietly devised a little-known substitute for them. By the last year of the war, the War Department had improvised a shadow system of courts that played some of the roles of the Military Commissions in the North. The Confederate Congress lethargically sanctioned them. Morecover, the War Department did not allow these useful institutions to lapse when the Congress refused to extend authority for the suspension of the writ of habeas corpus; the work of the War Department's shadow courts was never suspended for there were always political prisoners in the Confederacy" - Mark E. Neely, Jr., "Southern Rights: Political Prisoners and the Myth of Confederate Constiutionalism", Charlottesville, VA: University of Virginia Press, 1999, pp. 80

Ditto for the Davis regime. And what avenue for appeal did these unfortunate political prisoners have? None whatsoever.

754 posted on 11/23/2003 4:05:56 AM PST by Non-Sequitur
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To: 4ConservativeJustices; Non-Sequitur
The Confederate Congress authorized suspension of the writ of habeas corpus for only about one-third of the war's duration, and President Davis actually suspended the writ of habeas corpus or imposed martial law over only a fraction of the territory within those seventeen months.

Not only that but several in the CSA Congress, including those who supported a federal suspension of habeas corpus, argued that it did not apply to the state courts at all and took measures to restrain its use there!

"Resolved, That the Congress of the Confederate States has the undoubted right, during invasion or rebellion, and when the public safety requires it, to suspend the privilege of the writ of habeas corpus, and that while so suspended it is not competent for any Confederate judge to discharge from custody any person held under or by virtue of the authority of the Confederate States.

Resolved, That the State courts, being established by State authority, can in no manner be affected by Confederate legislation, and that therefore an act of the Confederate Congress suspending the privilege of the writ of habeas corpus does not apply to them, and in nowise prevents their exercising such jurisdiction, or issuing such writs, as by the laws of their States they are allowed to exercise or issue."

-- Statement of Sen. Wigfall on the suspension of Habeas Corpus in the states, May 6, 1864

786 posted on 11/23/2003 1:43:00 PM PST by GOPcapitalist
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