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To: WhiskeyPapa
Quote President Lincoln to that effect.

Happily.

"The provision of the Constitution that "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,'' is equivalent to a provision---is a provision---that such privilege may be suspended when, in cases of rebellion, or invasion, the public safety does require it. It was decided that we have a case of rebellion, and that the public safety does require the qualified suspension of the privilege of the writ which was authorized to be made." - The Lincoln, July 4, 1861

635 posted on 04/25/2003 11:25:12 AM PDT by GOPcapitalist
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To: GOPcapitalist
"The provision of the Constitution that "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,'' is equivalent to a provision---is a provision---that such privilege may be suspended when, in cases of rebellion, or invasion, the public safety does require it. It was decided that we have a case of rebellion, and that the public safety does require the qualified suspension of the privilege of the writ which was authorized to be made." - The Lincoln, July 4, 1861

Nowhere in this text does President Lincoln even hint that only Congress could suspend the Writ. In June, 1863 he said he had not employed anything outside constitutional bounds.

Walt

637 posted on 04/25/2003 11:32:21 AM PDT by WhiskeyPapa (Be copy now to men of grosser blood and teach them how to war!)
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