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To: 4ConservativeJustices
The south seceded, and was told by Chief Justice Lincoln that it was illegal....

The Supreme Court held in the Prize Cases that the "so-called Confederate states" (to use their phrase) were in rebellion and that the president was authorized/required to put down the rebellion.

Walt

85 posted on 04/25/2002 1:57:55 PM PDT by WhiskeyPapa
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To: WhiskeyPapa
The Supreme Court held in the Prize Cases that the "so-called Confederate states" (to use their phrase) were in rebellion and that the president was authorized/required to put down the rebellion.

Grier cited "jure belli", the law of nations as the defense for Lincoln's actions. He punted on the legal issue of secession, stating that "[t]heir right to do so is now being decided by wager of battle. In Texas v White he held that the state of Texas was not a member of the Union.

126 posted on 04/25/2002 3:32:49 PM PDT by 4CJ
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