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To: WhiskeyPapa
[Walt quoting] "And be it further enacted, That whenever the laws of the United States shall be opposed or the execution thereof obstructed, in any state, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by this act...."

You are hopeless.

I will now put it in context.

Designation of Section 1, and Clauses added for clarity]

[Sec. 1] Be it enacted, &c., [Clause 1: Invasion] That whenever the United States shall be invaded, or be in imminent danger of invasion from any foreign nation or Indian tribe, it shall be lawful for the President of the United States to call forth such number of the militia of the State or States most convenient to the place of danger or scene of action, as he may judge necessary to repel such invasion, and to issue his orders for that purpose to such officer or officers of the militia as he shall think proper. [Clause 2: Insurrection Against a State Government] And, in case of an insurrection in any State against the Government thereof, it shall be lawful for the President of the United States, on application of the Legislature of such State, or of the Executive, (when the Legislature cannot be convened,) to call forth such number of the militia of any other State or States as may be applied for, as he may judge sufficient to suppress such insurrection,

Sec. 2. And be it further enacted, [Clause 1: Obstruction of the Courts] That when­ever the laws of the United States shall be opposed, or the execution thereof obstructed in any State, by combinations too powerful to be sup­pressed by the ordinary course of judicial proceedings, or by the powers vested in the Marshals by this act, it shall be lawful for the President of the United States to call forth the militia of such State, or of any other State or States, as may be necessary to suppress such combinations, and to cause the laws to be duly executed; and the use of militia so to be called forth, may be continued, if necessary, until the expiration of thirty days after the commencement of the then next session of Congress,

Section 1, Clause 1, relates to invasions. Section 1, Clause 2 relates to insurrection against a State government. This part of the act was referred to in the Prize cases. It was not the basis of the ruling but it was mentioned.

Section 2, Clause 1, relates to obstruction of the courts and provision of assistance to the Marshals of said courts.

This has nothing to do with either invasion or insurrection.

This is unrelated to what is cited in the Prize Cases.

This is unrelated to what Lincoln cited.

Within the CSA, there were no Federal courts, and there were no marshals to assist. They had all resigned.

This desperate "Hail Mary" is legally assinine. It does not even pass the giggle test.

The Prize Cases concerned the Union blockade of Confederate ports, and the seizure of foreign ships and cargo. It was not about assisting the marshals of the courts.

The Supreme Court did not find a state of obstruction of the courts beyond the capability of the (non-existent) marshals of the (non-existent) courts. It found a state of war. It found a blockade was authorized pursuant to the jus belli, the laws of war.


OFFICIAL RECORDS: Series 3, vol 1, Part 1 (Union Letters, Orders, Reports)

O.R. page 89

The O.R. copy contains many OCR errors. I copied from here:

LINK

By the President of the United States of America.--A Proclamation.

Whereas an insurrection against the Government of the United States has broken out in the States of South Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana, and Texas, and the laws of the United States for the collection of the revenue can not be effectually executed therein, conformably to that provision of the Constitution which requires duties to be uniform throughout the United States; and

Whereas a combination of persons engaged in such insurrection have threatened to grant pretended letters of marque to authorize the bearers thereof to commit assaults on the lives, vessels, and property of good citizens of the country lawfully engaged in commerce on the high seas and in the waters of the United States; and

Whereas an Executive proclamation has been already issued requiring the persons engaged in these disorderly proceedings to desist therefrom, calling out a militia force for the purpose of repressing the same, and convening Congress in extraordinary session to deliberate and determine thereon:

Now, therefore, I, Abraham Lincoln, President of the United States, with a view to the same purposes before mentioned, and to the protection of public peace and the lives and property of quiet and orderly citizens pursuing their lawful occupations until Congress shall have assembled and deliberated on the said unlawful proceedings, or until the same shall have ceased, have further deemed it advisable to set on foot a blockade of the ports within the States aforesaid, in pursuance of the laws of the United States and of the law of nations in such case provided. For this purpose a competent force will be posted so as to prevent entrance and exit of vessels from the ports aforesaid. If, therefore, with a view to violate such blockade a vessel shall approach or shall attempt to leave either of the said ports, she will be duly warned by the commander of one of the blockading vessels, who will endorse on her register the fact and date of such warning, and if the same vessel shall again attempt to enter or leave the blockaded port she will be captured and sent to the nearest convenient port for such proceedings against her and her cargo as prize as may be deemed advisable.

And I hereby proclaim and declare that if any person, under the pretended authority of the said States, or under any other pretense, shall molest a vessel of the United States, or the persons or cargo on board of her, such person will be held amenable to the laws of the United States for the prevention and punishment of piracy.

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

Done at the city of Washington this nineteenth day of April, in the year of our Lord one thousand eight hundred and sixty-one, and of the Independence of the United States the eighty-fifth.

[L.S.]

Abraham Lincoln.

By the President:

William H. Seward,
Secretary of State.


Proclamation of the President of the United States regarding extension of blockade to the ports of Virginia and North Carolina, April 27, 1861.

Whereas, for the reasons assigned in my proclamation of the 19th instant, a blockade of the ports of the States of South Carolina, Georgia, Florida, Alabama, Louisiana, Mississippi, and Texas, was ordered to be established; and, whereas, since that date public property of the United States has been seized, the collection of the revenue obstructed, and duly commissioned officers of the United States, while engaged in executing the orders of their superiors, have been arrested and held in custody as prisoners, or have been impeded in the discharge of their official duties without due legal process by persons claiming to act under authority of the States of Virginia and North Carolina, an efficient blockade of the ports of those States will therefore also be established.

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

Done at the city of Washington, this twenty-seventh day of April, in the year of our Lord one thousand eight hundred and sixty-one, and of the independence of the United States the eighty-fifth.

[L.S.]

Abraham Lincoln.

By the President:

William H. Seward,
Secretary of State.


http://speaker.house.gov/library/texts/lincoln/spmsg.asp

Message to Congress in Special Session

July 4, 1861

Recurring to the action of the government, it may be stated that, at first, a call was made for seventy-five thousand militia; and rapidly following this, a proclamation was issued for closing the ports of the insurrectionary districts by proceedings in the nature of Blockade. So far all was believed to be strictly legal. At this point the insurrectionists announced their purpose to enter upon the practice of privateering. Other calls were made for volunteers, to serve three years, unless sooner discharged; and also for large additions to the regular Army and Navy. These measures, whether strictly legal or not, were ventured upon, under what appeared to be a popular demand, and a public necessity; trusting, then as now, that Congress would readily ratify them. It is believed that nothing has been done beyond the constitutional competency of Congress.

a proclamation was issued for closing the ports of the insurrectionary districts by proceedings in the nature of Blockade

He meant to say that he proclaimed a blockade. He proclaimed a blockade, not a closing of the ports. He did eventually get around to closing the ports -- on April 11, 1865, four days before he died.

Just before the war ended, Lincoln issued an order closing the ports, rather than blockading them.

From Gideon Welles, Lincoln and Johnson, First Paper, Galaxy Magazine, April 1872, p. 523

Mr. Seward, who had been uneasy since his return, [nc: Seward had been thrown from his carriage and injured] read to the Secretary of the Treasury and myself the draft of a proclamation he had prepared for the President to sign, closing the ports of the Southern States. This was a step which I had earnestly pressed at the beginning of the rebellion, as a domestic measure, and more legitimate than a blockade, which was international, and an admission that we were two nations.

* * *

The President reached Washington on the evening of Sunday, the 9th of April. When I called on him the next morning he was in excellent spirits, the news of Lee’s surrender, which however was not unanticipated, having been received. While I was with him he signed the proclamation for closing the ports and expressed his gratification that Mr. Seward and myself concurred in the measure, alluding to our former differences.

OFFICIAL RECORDS: Series 3, vol 5, Part 1, page 107

(Union Letters, Orders, Reports)

VII. April 11, 1865.-Closing certain ports.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA:

A PROCLAMATION.

Whereas, by my proclamations of the nineteenth and twenty-seventh days of April, one thousand eight hundred and sixty-one the ports of the United States in the State of Virginia, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas were declared to be subject to blockade; but whereas, the said blockade has, in consequence of actual military occupation by this Government, since been conditionally set aside or relaxed in respect to the ports of Norfolk and Alexandria, in the State of Virginia; Beaufort, in the State of North Carolina; Port Royal, in the State of South Carolina; Pensacola and Fernandina, in the State of Florida, and New Orleans, in the State of Louisiana;

And whereas, by the fourth section of the act of Congress approved on the thirteenth of July, eighteen hundred and sixty- one; entitled "An act further to provide for the collection of duties on imports, and for other purposes," the President, for the reasons therein set forth, is authorized to close certain ports of entry:

Now, therefore, be it known that I, Abraham Lincoln, President of the United States, do hereby proclaim that the ports of Richmond, Tappahannock, Cherrystone, Yorktown, and Petersburg, in Virginia; of Camden (Elizabeth City), Edenton, Plymouth, Washington, New Berne, Ocracoke, and Wilmington, in North Carolina; of Charleston, Georgetown, and Beaufort, in South Carolina; of Savannah, Saint Mary's, and Brunswick (Darien), in Georgia; of Mobile, in Alabama; of Pearl River (Shieldsborough), Natchez, and Vicksburg, in Mississippi; of Saint Augustine, Key West, Saint Mark's (Port Leon), Saint John's (Jacksonville), and Apalachicola, in Florida; of Teche (Franklin), in Louisiana; of Galveston, La Salle, Brazos de Santiago (Point Isabel), and Brownsville, in Texas, are hereby closed, and all right of importation, warehousing, and other privileges shall, in respect to the ports aforesaid, cease, until they shall have again been opened by order of the President; and if, whole said ports are so closed, any ship or vessel from beyond the United States, or having on board any articles subject to duties, furniture, and cargo, shall be forfeited to the United States.

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

Done at the city of Washington this eleventh day of April, in the year of our Lord one thousand eight hundred and sixty-five, and of the Independence of the United States of America the eighty- ninth.

[L. S.]

ABRAHAM LINCOLN.

By the President:

WILLIAM H. SEWARD,

Secretary of State.

738 posted on 01/22/2004 5:17:57 AM PST by nolu chan
[ Post Reply | Private Reply | To 731 | View Replies ]


To: nolu chan
Excellent posts sir. But you are wasting you time on them (lurkers will be educated though). For them to admit the correctness of you explanation would be to admit that Lincoln invaded a foreign country and that Lincoln exceeded his constitutional authority.

We know he wouldn't do that </sarcasm>

741 posted on 01/22/2004 6:00:35 AM PST by 4CJ (||) Dialing 911 doesn't stop a crime - a .45 does. (||)
[ Post Reply | Private Reply | To 738 | View Replies ]

To: nolu chan
Within the CSA, there were no Federal courts, and there were no marshals to assist. They had all resigned.

Yes, the laws had "failed of execution" in the south, is the way I believe the president put it.

That triggers section 2, and as the Court said, the president is authorized to act under the act of 2/28/1795 -- the Militia Act.

All your verbose excuses fail besides the clear words of the Prize Cases ruling.

Walt

747 posted on 01/22/2004 9:29:23 AM PST by WhiskeyPapa (Virtue is the uncontested prize.)
[ Post Reply | Private Reply | To 738 | View Replies ]

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