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Politics : American Presidential Politics and foreign affairs -- Ignore unavailable to you. Want to Upgrade?

To: RMF who wrote (13039)	10/13/2006 3:15:44 PM
From: longnshort	Read Replies (1) \| Respond to of 71588

Sure MD was gonna cede, Baltimore was laoded with secessionists, the first guy kill was in Baltimore when A mass. Militia was coming threw and peopl started stoning them.

To: RMF who wrote (13039)	10/13/2006 3:19:16 PM
From: longnshort	Respond to of 71588

Should one also overlook Lincoln’s destruction of the rule of law in "loyal" Maryland? When Maryland voiced its support for the CSA and appeared itself ready to secede, Lincoln arrested 31 Maryland legislators, the mayor of Baltimore (the nation’s 3rd largest city at the time), and a US Congressman from Maryland, as well as numerous editors and publishers. Not only did Lincoln imprison two US Congressmen, he also wrote out an arrest warrant for the Chief Justice of the US Supreme Court, Roger Taney, after Taney wrote the opinion in Ex Parte Merryman (1861) rebuking Lincoln’s illegitimate suspension of habeas corpus (see Charles Adams, p 46-53). John Marshall, whose opinion in Marbury v. Madison (1803) famously declared that "It is emphatically the province and duty of the judicial department to say what the law is," also wrote the opinion in Ex Parte Bollman and Swartwout (1807) declaring that suspension of habeas corpus was a power vested only in the Congress. Lincoln simply ignored the law. Additionally, US Army troops refused to release Merryman into the custody of a federal marshal sent by Taney pursuant to the court order that Merryman be freed. Lincoln, then, imprisoned members of the federal legislative branch, and also sought to imprison the chief member of the federal judiciary. What happened to checks and balances? Lincoln, with the backing of the army, simply exercised whatever powers he desired. As noted Lincoln scholar Mark Neely writes in The Last Best Hope of Earth, Lincoln arrested the Marylanders "without much agonizing over their constitutionality" (p 133).