I have no idea what one would call the situation, except a rebellion. There
had been: the creation of a new and utterly illegal government to rule over
11 states, the firing on Ft. Sumter; the seizing of United States property in
11 states; the declaration that the United States law was no longer valid in
11 states, the open attempt to get Ky, Mo., and Md. to join in the 11 states
that were in rebellion.
If this was not an rebellion, what was it?
Maitland Westbrook wrote:
> Paul,
>
> Your forget one important fact: this was not a rebellion or invasion. The
> South left the union, adn DID NOT want to change the government or
> overthrow the government, which is what a rebellion is. Define to me how
> the south was in 'rebellion' when they did not 1. wish to overthrow the
> Washington government; 2. did not wish to change that government and 3.
> did not march north towards Washington to take over the government.
>
> The South did not wish to fight the north, but did so when they [the
> Washington government they didn't want to overthrow] attempted to resupply
> Sumter and then called for 75,000 men to invade the South.
>
> Seems simple to me, and Websters.
>
> M. Westbrook
>
> --- [log in to unmask] wrote:
> > In a message dated 3/8/2003 7:25:35 PM Eastern Standard Time,
> > [log in to unmask] writes:
> >
> > > Lincoln had the power under the Constitution to act in the emergency;
> > thus
> > > he
> > > had the power to suspect HC where it was necessary to suspend it, and
> > under
> > > the
> > > circumstances the Constitution allows -- rebellion or actual invasion
> > and
> > > necessary for the public safety
> >
> > Where in the Constitution is this contained? Citation please. This
> > sounds
> > like one of those "everybody knows" arguments. Where is the language
> > upon
> > which you rely? Please cite the "emergency power" clause authorizing
> > the
> > President to suspend habeas corpus?
> >
> > Merryman was a duly elected member of the Maryland Legislature. He
> > actually
> > had more political experience than Lincoln, who had next to none.
> >
> > JDS
> >
> > To subscribe, change options, or unsubscribe, please see the
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> > at http://listlva.lib.va.us/archives/va-hist.html
>
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--
Paul Finkelman
Chapman Distinguished Professor of Law
University of Tulsa College of Law
3120 East 4th Place
Tulsa, OK 74104-3189
phone 918-631-3706
Fax 918-631-2194
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