I guess no less a 'rebellion' than in 1776, except that the South was
ready, able and willing to pay the US for everything.
We can, in our PC haze, forget that seccession was in fact legal (even
reserved in Virginia's ratifaction of the Constitution, once an option of
the NE, without a problem from other states) and paint it with the brush
of the victors words. Even Lincoln said that the people who found one form
of government repressive, had the right to leave it for a better one,
which the South did peacefully, until provoked by Mr. Lincoln's
individual, illegal acts.
M. Westbrook
--- paul finkelman <[log in to unmask]> wrote:
> 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
> > > instructions
> > > 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
> e-mail: [log in to unmask]
>
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