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To: Ditto
If suspending the writ in the North was so bad, was it equally as bad in the south where they did the exact same thing?

It appears you've caught a case of the tu quoque bug as well. You should take precautions against that sort of thing as an epidemic of it seems to be circulating among the northern camps of this region.

That said, in answer to your question: No. It was not equally bad because the confederates did not do the exact same thing.

In the even that you do not understand how or why they did not do the exact same thing, compare their methods:

NORTH:

April 1861 - Lincoln unilaterally suspends habeas corpus
May and June 1861 - two federal courts immediately strike down his exercise of this suspension. Lincoln simply ignores the court orders.

July 1861 - Lincoln reconvenes Congress, explains his suspension, and asks them to affirm it ex post facto (which is also unconstitutional). Congress takes up consideration of suspension bills but fails to act.

August and September 1862: Lincoln extends the realm of his habeas corpus suspension unilaterally and without authorization from Congress.

March 1863 - Congress finally adopts legislation affirming the suspension habeas corpus. The suspension had been in place for almost two years by then. SOUTH:

October 1862: Confederate Congress acts constitutionally to suspend habeas corpus, but only for the national government (The act itself states "but such suspension shall apply only to arrests made by the authorities of the Confederate Government, or for offences against the same."). State courts are immediately recognized to still possess the authority to issue writs.

June 1863: North Carolina Supreme Court establishes a precedent by issuing writs of habeas corpus to individuals being held under the September 1862 draft act.

See the difference yet? The north suspended habeas corpus unconstitutionally and maintained that unconstitutional suspension in violation of standing court order for almost two years before enacting it properly. The south suspended habeas corpus constitutionally through its Congress, and even then did so only in a limited sense because they still permitted state courts to issue writs in their own jurisdictions.

470 posted on 01/19/2004 6:33:35 PM PST by GOPcapitalist
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To: GOPcapitalist
The north suspended habeas corpus unconstitutionally and maintained that unconstitutional suspension in violation of standing court order for almost two years before enacting it properly. The south suspended habeas corpus constitutionally through its Congress, and even then did so only in a limited sense because they still permitted state courts to issue writs in their own jurisdictions.

Lincoln did not suspend habeas corpus unconstitutionally. Something is not unconstitutional just because you claim it was. The south did not suspend habeas corpus in a limited sense. Habeas corpus was suspended and martial law declared throughout the south, and as Mark Neeley points out in his book military tribunals operated in every part of the confederacy for most of the war. People were jailed without habeas corpus and detained without trial. And Northern courts could issue writs in their own jurisdiction for the entire war as well.

488 posted on 01/20/2004 3:47:29 AM PST by Non-Sequitur
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To: GOPcapitalist
It appears you've caught a case of the tu quoque bug as well.

LOL. Your favorate spider hole.

489 posted on 01/20/2004 5:35:32 AM PST by Ditto ( No trees were killed in sending this message, but billions of electrons were inconvenienced.)
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