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Posted 2010-09-23, 01:24 PM
in reply to Skurai's post starting "My Government teacher says Abe Lincoln..."
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My Government teacher says Abe Lincoln had people arrested without charging them.
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I sincerely hope he didn't state it like that. Lincoln declared martial law and ordered the suspension of the writ of habeus corpus shortly after the civil war began.
Abraham Lincoln's Proclamation said:
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA:
A PROCLAMATION
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, first, 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 Rebels against the authority of 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 prison, or other place of confinement by any military authority of by the sentence of any Court Martial or Military Commission.
In witness whereof, I have hereunto set my hand, and caused the seal of the United States to be affixed.
Done at the City of Washington this twenty fourth day of September, in the year of our Lord one thousand eight hundred and sixty-two, and of the Independence of the United States the 87th.
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Relevant Excerpt from US Constitution said:
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Article I, Section 9, clause 2: "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it."
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/end history lesson
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