Tuesday, January 27, 2009

Food for thought

... he suspended the writ of habeas corpus, so that obstreperous Marylanders could be arrested and held without trial. ...

On other occasions and in other places he authorized his generals to make arbitrary arrests. Before the war was over, tens of thousands of citizens had been thrown in jail, to stay for weeks and months without written charges or a chance to be heard. Many of these inmates of the "American Bastille" were quite guiltless; comparatively few ever were proved guilty of crime or criminal intent. ...

Richard N. Current, The Lincoln Nobody Knows


Tonto said...

The theater of this war was at times within a $4.50 Metro ride to the White House and the Capital building.

April 27, 1861:

"Whereas, It has become necessary to call into service, not only volunteers, but also portions of the militia of the States by draft, in order to suppress the insurrection existing in the United States, and disloyal persons are not adequately restrained by the ordinary processes of law from hindering this measure, and from giving aid and comfort in various ways to the insurrection. Now, therefore, be it ordered, that during the existing insurrection, and as a necessary measure for suppressing the same, all rebels and insurgents, their aiders and abettors within the United States, and all persons discouraging volunteer enlistments, resisting militia drafts, or guilty of any disloyal practice affording aid and comfort to the rebels against the authority of the United States, shall be subject to martial law, and liable to trial and punishment by courts-martial or military commission.

Second: That the writ of habeas corpus is suspended in respect to all persons arrested, or who are now, or hereafter during the rebellion shall be, imprisoned in any fort, camp, arsenal, military prisons, or other place of confinement, by any military authority, or by the sentence of any court-martial or military commission."


Tonto said...

I always fancied myself an Alien and Sedition Acts man.

Wouldn't mind bringing some of these back -- particularly the July 14, 1798 law that considered the dissemination of "false, scandalous and malicious" political opinion punishable by fine and imprisonment -- to remind ol' Rush Limbaugh what a REAL conservative government is all about.


troy said...

Stop being smarter than me.