If Lincoln had not died
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01-10-2013, 02:08 PM
Post: #100
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RE: If Lincoln had not died
Laurie, your questions are excellent, and I cannot answer all of them. But here is how Lincoln explained his reasoning behind suspending the writ of habeas corpus:
"To state the question more directly, are all the laws, but one, to go unexecuted, and the government itself go to pieces, lest that one be violated? Even in such a case, would not the official oath be broken, if the government should be overthrown, when it was believed that disregarding the single law, would tend to preserve it? But it was not believed that this question was presented. It was not believed that any law was violated. The provision of the Constitution that '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,' is equivalent to a provision---is a provision---that such privilege may be suspended when, in cases of rebellion, or invasion, the public safety does require it. It was decided that we have a case of rebellion, and that the public safety does require the qualified suspension of the privilege of the writ which was authorized to be made." .....Lincoln's Message to Congress in Special Session, July 4, 1861 I might add that the meeting times for Congress were different then than they are now. Congress was not in session when the war began. Also, in 1865, when Lincoln was assassinated, Congress was not scheduled to reconvene until December. As far as a specific Reconstruction plan goes, this may at least partially explain why we don't have specific knowledge of Lincoln's plans. He may have been thinking he had the next 7 or more months to develop proposals. |
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