To: WhiskeyPapa
[Walt] The question would be -- was there a precedent or law that would have shown the arrest of Milligan to be CLEARLY outside the law -- when it happened? The answer is NO.
The question is whether the law showed that the trial of Milligan at a military tribunal while the civilian courts were open was CLEARLY outside the law -- when it happened? The answer is YES.
U.S. Supreme Court, Ex Parte Milligan, 9-zip.
To: nolu chan
The question is whether the law showed that the trial of Milligan at a military tribunal while the civilian courts were open was CLEARLY outside the law -- when it happened? The answer is YES. Is it your contention that the administration knew it was acting illegally when the arrest of Milligan was made?
To: nolu chan
[Walt] The question would be -- was there a precedent or law that would have shown the arrest of Milligan to be CLEARLY outside the law -- when it happened? The answer is NO. The question is whether the law showed that the trial of Milligan at a military tribunal while the civilian courts were open was CLEARLY outside the law -- when it happened? The answer is YES.
No, it's not. And you can't make it that way. Whether the president has the power to suspend the Writ has still not been authoritatively answered.
And Milligan sued out on a Writ of HC after Lincoln was dead.
I think that at the heart of all this vitriol towards poor old Lincoln is dissatifaction with his greatest accomplishment - an advance for human freedom and dignity. That's what galls you, with a dash of hating FDR and what -he- did.
Walt
752 posted on
05/02/2003 5:48:58 AM PDT by
WhiskeyPapa
(Be copy now to men of grosser blood and teach them how to war!)
To: nolu chan
You sprang Athena like from the head of Zeus with the old saw of (paraphrasing) "Lincoln freed the slaves where he had no authority and left them alone where he did." There are two alternatives for posting this: ignorance or malevolence. Which applies to you?
I'll ask again? How did you happen to suggest that "Lincoln freed the slaves where he had no authority and left them alone where he did."
Hmmmmm?
Walt
772 posted on
05/02/2003 8:41:54 AM PDT by
WhiskeyPapa
(Be copy now to men of grosser blood and teach them how to war!)
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson