Posted on 09/06/2003 9:14:08 AM PDT by quidnunc
Lincoln was calling out the troops 10 years after he died? Neat trick. But what about the confederate call for 100,000 troops issued by their congress on March 6, 1861?
Speaking of manure, H. Donald Winkler? So do you agree with him that the whole Lincoln assasination was orchestrated by the Jefferson Davis regime? Was I right in pointing out elsewhere that your tinfoil beanie was a bit too tight?
Where does the Constitution state that only Congress can change the size of the military?
FYI: The Marine Corps is a department of the Navy. (The old joke is: Marines need someone to dance with when they're not fighting)
I don't suppose the framers would have foresaw the need for an Air force, but then those that would have amended the Constitution to make it explicit wouldn't have been necessarily wrong to do so as you imply.
Mr. Trumbull, from the committee of conference on the disagreeing votes of the two houses on the bill (H. R. 591) to indemnify the President and other persons for suspending the privilege of the writ of habeas corpus, and acts done in pursuance thereof, submitted the following report: .... [Emphasis added]
Which they had to know was immediately in contravention of existing law:
ARTICLE 1.
SECTION 9.
..... No Bill of Attainder or ex post facto Law shall be passed.
The Marine Corps is considered a separate branch of the military. They have their own representative on the Joint Chiefs, their budget is no longer a part of the Navy budget, they are in all respects independent. Something not sanctioned by the Constitution.
I don't suppose the framers would have foresaw the need for an Air force, but then those that would have amended the Constitution to make it explicit wouldn't have been necessarily wrong to do so as you imply.
Of course not. My point has been to refute those who claim that only explicit powers are granted the Executive, Legislative, and Judicial branches of the government. The framers of the Constitution were men of insight. They allowed for the fact that the Constitution had to be broad enough to allow for unforseen future circumstances, which is why the Air Force and Marines can be allowed for under the instructions to provide for the common defense included in the Preamble. Yet sothron fanatics, who see nothing wrong with this, have a cow over other implicit powers that they don't happen to agree with.
He didn't say anything. He just scoffed and blew snot and tried to change the rules. I'll deal with his stupid little box-cutter job in due course.
At my leisure, not his.
He runs with Foner and McPherson, who are. Or will you now expostulate with me, and insist that Neely is only a fellow traveler?
The Commandant of the Marine Corps answers to the Chief of Naval Operations, and both of them to SECNAV.
You err.
Oh, I don't know. Having Ben Butler in the White House from 1865 to 1869 would have had a certain.....clarifying effect on what the war was all about.
And here's another interesting thought: would the other commands have capitulated, knowing Butler was now in charge, after Lincoln's assassination?
That's a lot to think about.
Erratum: I have occasionally posted upthread, here or elsewhere, about a Texas Confederate outfit I referred to as "Waugh's Legion": the actual name was Waul's. It was a 6,000-man combined-arms formation with organic horse, infantry, and artillery elements.
The Commendant of the Marine Corps and the Chief of Naval Operations are peers on the Joint Chiefs. And what about the Air Force?
And Foner and McPherson are Marxist on your say-so? Anyone who doesn't swallow the sothron position hook, line, and sinker has to be a Marxist? Well, that certainly clears that up.
The Courts and Judges of the States have concurrent jurisdiction with the Courts and Judges of the Confederate States in the issuing of writs of habeas corpus, and in the enquiring into the causes of detention, even where such detention is by an officer or agent of the Confederate States.The courts of this State, as well as the individual Judges, have jurisdiction to issue writs of habeas corpus and to have the return made to them in term time and, as a court, to consider and determine of the causes of detention.
This was from: State review of habeas corpus
Also, I found the following in The Weekly Mississippian (Jackson, Mississippi) of Aug 21, 1861:
The Confederate States' CourtsThe Confederate States Supreme Court, says the Richmond Examiner, will hold no session until it shall be organized under the provisions of the Permanent Constitution. Under the Constitution of the Provisional Government, it was provided that the Supreme Court shall consist of all the District Judges, and shall sit at such times and places as Congress shall appoint. Under the Permanent Constitution, however, the Supreme Court has not been established; and during the existing hiatus in our judiciary system, the clerks of the District Courts are empowered to issue writs of error, with the same force and effect as issued out of the Supreme Court, and returnable on the second Monday of its first term after its establishment.
Did Jefferson Davis overrule or ignore Confederate courts on habeas corpus cases?
Not at all. They won the case in the circuit court. Tell me, walt. Would you ever appeal against your own WIN in court?
As of March 1861 some of the senators who had offered to be intermediaries, such as Robert MT Hunter, had not seceded at all. Lincoln still refused him.
President Lincoln continued the policy of the Buchanan administration.
False. The Buchanan administration had negotiated informal ceasefire situations as several of the forts such as Fort Pickens. Lincoln completely disregarded them and went about making war on his own.
That is false. Throughout the war cases that would have likely been material for a national supreme court went to the respective state supreme courts.
Correct, but Lincoln didn't have that power. Again I ask, if Lincoln had the power to suspend habeas corpus in 1861, why did Congress feel they had to authorize him to do so in 1863?
They knew an invasion was coming and acted in preparation. Southerners waited in close anticipation to hear what Lincoln's inaugural would say. They anticipated either a continuation of the relatively passive Buchanan administration (Buchanan himself believed that secession was wrong but also that he was largely powerless to do much against it) OR a new policy of greater activism and aggression. Lincoln gave them the latter when he pledged he would use force to collect the revenues. The southerners immediately telegraphed to Montgomery the message "inaugural means war" and directed them to prepare for an aggressive act against the south by Lincoln.
No. Their communist politics have been exposed many times here. Foner even has a nickname in academia known as "Eric the Red." McPherson, as has been shown, has an ongoing professional relationship with a communist political party that dates back several years and involves extensive publication of his work through their mediums.
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