View single post by HankC
 Posted: Tue Feb 28th, 2012 02:43 pm
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Joined: Tue Sep 6th, 2005
Posts: 517

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Savez wrote: HankC wrote: until the EP, the fate of slaves, refugees and freed slaves is left up to the Congress by the 1st and 2nd Confiscation acts and up to local commanders and their differing interpretations of orders and the laws.

The EP firmly states the government's stance on slavery in the rebelling states and also places the issue solidly on Lincoln to adminster and interpret.

regarding the regard Lincoln holds of the constitution: he held in high regard the power vested in the president by the constitution in time of rebellion...

Maryland was not in rebellion. There was only threat of rebellion. Maryland had not seceded. Also where in the Constitution does it say that the president has the power to shut down newspapers from states not in rebellion? Furthermore, just becaue Lincoln thought suspending habeas corpus was the right thing to do to save the country doesn't mean it was the right thing to do constitutionally.

The constitution reads 'when in Cases of Rebellion or Invasion the public Safety may require it'.
it does not say 'where in cases of rebellion...'...

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