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To: Non-Sequitur

Why then did Congress grant the suspension in 1863 if Lincoln already had the right to do it himself?

Madison also said the Constitution was a compact and if the Federal government tried to claim powers that the Constitution did not grant it, then the contract was voided.

the united Colonies declared themselves free States: “That these united Colonies are, and of Right ought to be Free and Independent States” The Declaration of Independence never refers to the States as United States or Colonies but as united States and united Colonies.

Davis was charged with treason and arrested for it, so why not charge him? Was there anyone in the Federal government who doubted that he was the President of the States which seceeded? Your argument is flawed, not mine. If the Feds knew they were right, they would have had him convicted in court. If treason was commited against the Constitution then by all means try the person who is being charged. No prosecutor wanted this case because it was a loser. What the Federal government won on the battlefield they could not win in court. What then, the Supreme Court declares that what the Federal government did was illegal? Instead of going down that path, come up with some weak excuse as to why you should not try a treasonous war criminal who was complicit in 600,000 deaths, massive destruction and financial ruin. There is no way you can buy the Federal governments reason for not trying Davis, it makes no sense at all. The Southern states were destroyed, not trying one man was supposed to heal the two sides? Try him, prove that secession was illegal, the debate would be ended for good. But the debate continues.


99 posted on 02/12/2009 11:47:58 AM PST by coon2000
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To: coon2000
Why then did Congress grant the suspension in 1863 if Lincoln already had the right to do it himself?

Because the limited suspension Lincoln enacted while Congress was out of secession had lapsed.

Madison also said the Constitution was a compact and if the Federal government tried to claim powers that the Constitution did not grant it, then the contract was voided.

Madison also said, "The characteristic distinction between free Governments and Governments not free is, that the former are founded on compact, not between the Government and those for whom it acts, but between the parties creating the Government. Each of those being equal, neither can have more rights to say that the compact has been violated and dissolved, than every other has to deny the fact, and to insist on the execution of the bargains." In short, the compact is not violated merely because one party says it is.

The Declaration of Independence never refers to the States as United States or Colonies but as united States and united Colonies.

The Articles of Confederation does.

Davis was charged with treason and arrested for it, so why not charge him?

Because until May 1867 Davis was in military custody, and the judges assigned to the case, Chase and Underwood, would not proceed until he was returned to civilian control. Once that was done, and Davis released on bail, preparations for the trial proceeded in fits and starts. There were delays while the Supreme Court was in session and the Johnson Impeachment delayed the matter for several months early in 1868 because Chief Justice Chase had to preside over that.

If the Feds knew they were right, they would have had him convicted in court.

If the matter had gone to court, he would have been.

There is no way you can buy the Federal governments reason for not trying Davis, it makes no sense at all.

It does if you are familiar with the facts surrounding the matter.

103 posted on 02/12/2009 1:34:23 PM PST by Non-Sequitur
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