I don't particularly want to fan old flames here, but the assertion that R.B. Taney (C.J.) ruling on
circuit constitutes national precedent until the entire Supreme
Court rules does not appear to be true.  The current rule is that
such a circuit court ruling is precendent only for that particular
circuit.  I think that this rule was inherited from the pre-1891 circuit
practice, but would appreciate being corrected if I am wrong.



Date sent:              Sat, 08 Mar 2003 20:41:51 -0500 (EST)
From:                   [log in to unmask]
Subject:                Re: Lincoln and the Constitution
To:                     [log in to unmask]
Send reply to:          Discussion of research and writing about Virginia history
        <[log in to unmask]>

>         If a majority of the US Supreme Court held that the moon was made
>         of
> blue cheese in a decision before the Court, that would be the case for the
> purposes of the laws of the United States, until such a decision was
> modified by some later court.  Taney's decision is the law of the land
> until the Supremes find to the contrary.  I am sure you appreciate that
> fact.  From a legal effect perspective, Taney's interpretation of the
> First Amendment on this point is the only one that really matters as a
> practical matter, although there is, of course, always room for the "if
> cows could fly" hypothetical discussion on the point.
>
>        Here's a Virginia related question.  Lincoln's grandfather was
> reportedly from Rockingham County, Virginia.  Has anyone followed the
> research that an Abe Enloe was really Lincoln's father by Nancy Hanks, or
> is this just a rumor started by Southerners to embarrass Lincoln?  I think
> the theory on this goes along these lines:
>
>        Abraham was tall, 6 feet and 4 inches, and thin, wiry. In 1887
>        Lizzie
> Murphy was interviewed and said she heard her mother and grandmother say
> that Abe Enloe was the real father of Abe Lincoln. She described Abe Enloe
> as being tall and that he had a large nose and long ears. He was a big man
> often seen in a fur cap and wore moccasins on the largest feet
> possible.Judge Alfred M. Brown said in an interview that he was raised at
> Hodgenville and recalled that George Bromfield or Brownfield was possibly
> Lincoln's real father and resembled him. He said Abe Enloe denied he was
> Lincoln's father and was only about 18 when Nancy got pregnant. Judge
> Brown said Nancy Hanks was a loose woman and either Enloe or Bromfield
> could be Lincoln's real father.William H. Herndon got an anonymous letter
> in 1867 from Paris, Kentucky. The letter suggested that Herndon was
> looking for information about the legitimacy of the birth of Abraham
> Lincoln.The writer instructed Herndon to consult with old Mrs. Thatcher
> who lived half-way between Paris and Winchester, Kentucky. Mrs. Thatcher
> was a cousin of Nancy Hanks, and Milton Bealle. There was an old colored
> woman and her daughter living with Milton Bealle and these people could
> prove that Abraham Enloe was Abe's father. Abraham Enloe was a millwright
> who was building Thatcher's Mill and while working there was intimate with
> Nancy Hanks and got her pregnant. Enloe had a man working for him by the
> name of Lincoln. When Nancy Hanks threatened Enloe with a seduction suit,
> Enloe offered Lincoln $200 to marry Nancy and take her off. Thomas Lincoln
> accepted the money, married Hanks and moved to the Green River country
> where Abe was born.The letter claims Abe was called Abraham after his real
> father, Abraham Enloe and Lincoln after the man who agreed to marry Nancy
> Hanks. The letter writer also claims that Enloe got the old black lady
> pregnant and that is the daughter who lives with her mother at Milton
> Bealle's place.E. R. Burba wrote from Hodgenville in 1866 that Thomas
> Lincoln and Nancy Hanks or Sparrow lived three miles south of Hodgenville
> when Abe was born. He said that Abraham's true name is not Lincoln -- that
> some thought it was Enlows (Enloe); but others said William Cessna is the
> real father.Cessna had a reputation of being inclined to the company of
> women and Burba had heard Cessna say he knew Nancy as well as he ever knew
> any woman.
>
>        Anyone know if there is any validity to this (let's not be closed
> minded on such issues).
>
>
> JDS
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Harold S. Forsythe
Assistant Professor History
Director:  Black Studies
Fairfield University
Fairfield, CT 06430-5195
(203) 254-4000  x2379

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