Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: quidnunc; sobieski
quidnunc: 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. ? The United States Constitution, Article. I., Section. 9., Clause 2

LOL, so you think Illinois, Indiana, Ohio, New York, Pennsylvania, and all the other northern States were in Rebellion? Ol' Abe suspended Habeas Corpus in all those places and had thousands and thousands and thousands of his political opponents and critics in the press arrested without charge and thrown into prison cells, some for years. The Supreme Court ruled his tyrannical actions to be unconstitutional. Can you say "Police State"?

155 posted on 09/09/2003 8:20:25 PM PDT by thatdewd
[ Post Reply | Private Reply | To 29 | View Replies ]


To: thatdewd
LOL, so you think Illinois, Indiana, Ohio, New York, Pennsylvania, and all the other northern States were in Rebellion? Ol' Abe suspended Habeas Corpus in all those places and had thousands and thousands and thousands of his political opponents and critics in the press arrested without charge and thrown into prison cells, some for years.

Can you name someone in one of those states that was imprisoned for "years"?

Even the famous Merryman was released after 49 days. And he -was- indicted for treason, he did raise troops for the insurgency, and he was later a serving officer in the insurgent army. You would deny the government the most reasonable measures for its own defense.

In fact, the government declared a general amnesty early in 1862, and almost all the people arrested earlier were released.

President Lincoln's proclamation of December 8, 1863 allowed all who would (excepting high insurgent officials and miitary officers) the opportunity to take an oath to the goverment and be released/not charged.

Your distortion is easily exposed.

President Lincoln addressed concerns about martial law/habeas corpus in June, 1863:

"After the battle of New Orleans, and while the fact that the treaty of peace had been concluded, was well known in the city, but before official knowledge had arrived, Gen. Jackson still maintained martial or military law. Now, that it could be said the war was over, the clamor against martial law, which had existed from the first, grew more furious. Among other things, a Mr. Louiallier published a denunciatory newspaper article. Gen. Jackson arrested him. A lawyer by the name of Morel procured the United States Judge Hall to issue a writ of hebeas corpus to release Loualier. Gen. Jackson arreted both the lawyer and the judge. A Mr. Holander ventured to say of some part of the matter that "it was a dirty trick." Gen. Jackson arrested him. When the officer undertook to serve the writ Gen. Jackson took it from him, and sent him away with a copy. Holding the judge in custody for a few days, the general sent him beyond the limits of his encampment, and set him at liberty with an order to remain till the ratification of peace should regularly be announced, or until the British should have left the coast. A day or two elapsed, the ratification of a treaty of peace was regularly announced and the judge and the others were fully liberated. A few days more and the judge called Gen. Jackson into court and fined him $1,000. The general paid the fine, and there the matter rested for nearly thirty years, when Congress refunded principal and interest. The late Senator Douglas then in the House of Representatives, took a leading part in the debates, in which the constitutional question was much discussed. I am not prepared to say whom the journals would show to have voted for the measure.

It may be remarked: First, that we had the same Constitution then as now; secondly, that we then had a case of invasion, and now a case of rebellion; and thirdly, that the permanent right of of the people to Public Discussion, the liberty of speech and the Press, the trial by jury, the law of evidence, and the Habeus Corpus, suffered no detriment whatever by that conduct of Gen. Jackson, or its subsequent approval by the American Congress."

President Lincoln had the right to suspend habeas corpus.

Only a bunch of carping losers ever say anythnig else.

Walt

157 posted on 09/10/2003 4:15:52 AM PDT by WhiskeyPapa (Virtue is the uncontested prize.)
[ Post Reply | Private Reply | To 155 | View Replies ]

To: thatdewd
Can you say "Police State"?

Sure can. It's pronounced "Confederate States of America".

159 posted on 09/10/2003 4:31:12 AM PDT by Non-Sequitur
[ Post Reply | Private Reply | To 155 | View Replies ]

To: thatdewd
Can you say "Police State"?

The so-called CSA had internal passports, just like the Soviet Union.

From a review of Mark Neely's 'Southern Rights: Political Prisoners and the Myth of Confederate Constitutionalism':

"Neely challenged this consensus by examining the available arrest records, court opinions, and other documents related to Confederate wartime arrests of civilians; in other words, he applied basically the same methodology that worked so well in . Focusing particularly on cases involving suspension of the writ of habeas corpus, declarations of martial law, draft evasion, and other expressions of dissent, he found that the Confederate record was not much different from that of the Union. Confederate authorities, Neely argues, used much the same pragmatic, flexible approach characteristic of the Lincoln administration. "Though Confederate measures taken for internal security, when noticed at all, have been assumed to be necessary, and, if anything, too mild, there is evidence of political repression," Neely wrote (p. 132). People in the Confederacy were arrested for their political beliefs, jailed without benefit of the writ of habeas corpus, and subjected to the sometimes not-very-tender mercies of martial law and military rule."

Walt

160 posted on 09/10/2003 4:46:55 AM PDT by WhiskeyPapa (Virtue is the uncontested prize.)
[ Post Reply | Private Reply | To 155 | View Replies ]

To: thatdewd
and the damnyankees TORTURED & MURDERED thousands of innocent/helpless civilians & CSA POWs at hellholes like the Camp Douglas & Point Lookout DEATH CAMPS.

so much for how "wunerfull, wunerfull" the damnyankees were.

free dixie,sw

465 posted on 09/13/2003 11:37:01 PM PDT by stand watie (Resistence to tyrants is obedience to God. -Thomas Jefferson)
[ Post Reply | Private Reply | To 155 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson