Posted by djf on September 15, 1998 at 02:03:35:
In Reply to: When the Civil War ended ... posted by Paul Andrew Mitchell, B.A., M.S. on September 11, 1998 at 22:01:11:
: Notice what happened "when the war ended":
: "General Lee had surrendered his army on April 9, 1865, and
: General Johnston surrendered his 17 days later. Within a period
: of less than six weeks thereafter, not one Confederate soldier
: was bearing arms. By June 30, 1865, the Confederate states were
: all restored by presidential proclamation to their proper
: positions as states in an indissoluble union,(1) and practically
: all citizens thereof(2) had been granted amnesty. Immediately
: thereafter each of the seceding states functioned as regular
: states in the Union with both state and federal courts in full
: "President Lincoln had declared the freedom of the slaves as
: a war measure, but when the war ended, the effect of the
: proclamation was ended, and so it was necessary to propose and to
: ratify the Thirteenth Amendment in order to insure the freedom of
: the slaves."
: [Dyett v. Turner, Utah Supreme Court (1968)]
: That's 1968, NOT 1868!!!!
: 100 years AFTER the so-called 14th amendment.
: ... the Confederate states were all restored
: ... to their proper positions as states
: in an indissoluble Union.
: Not "STATES" or "political subdivisions"
: "or fraudulent clear plastic overlays"
: aka "States within a state" [sic],
: but "states in an indissoluble Union".
: In other words, the southern states failed
: in their attempt to secede, and thus the
: Union was preserved, and did not dissolve.
: Since then, that Union has persevered
: right up to the present time.
: practically all citizens thereof [of those states]
: had been granted amnesty.
: Once again, the Utah Court recognizes Citizens --
: of states in an indissoluble Union, and NOT
: citizens of the United States aka federal citizens.
: Immediately thereafter each of the seceding states
: functioned as regular states in the Union,
: with both state and federal courts in full operation.
: Once again, as if to beat a dead horse one more
: time, those southern states functioned as
: regular states in the Union, and not as
: anything else. There is no debate, and there
: is no need for any debate, over the meaning
: of "regular states in the Union." These
: are the stars on the American flag.
: So much for the bogus and rebuttable
: "Grand False Theory of Perpetual Martial Law
: or Perpetual Martial Rule (if you don't
: buy the perpetual martial law version)" [sic]
: See Ex parte Merryman, U.S. Supreme Court
: (1861), for clear and unequivocal authority.
: Use Alta Vista to search for:
: "Ex parte Merryman"
: and the full opinion by C.J. Taney should
: appear. I just read it again; it's quite
: magnificent: the President has never had
: any authority whatsoever to suspend the
: great Writ of Habeas Corpus. C.J. Taney
: correctly enumerates the limited authorities
: which are specifically, expressly granted by the
: U.S. Constitution. There is, in that
: instrument, absolutely no authority whatsoever
: to impose perpetual martial law, or perpetual
: martial rule. See the Ninth Amendment for
: the key rule of constitutional construction.
: Thus, the President, as Commander in Chief,
: cannot suspend the Constitution, no matter
: what he does, unsubstantiated assertions
: and arguments to the contrary nonwithstanding.
: /s/ Paul Andrew Mitchell, B.A., M.S.
: Counselor at Law, Private Attorney General
State sovereignty is not just an end in itself: -Rather, federalism secures to citizens the liberties that derive from the diffusion of sovereign power.-
NY v. US 1992, please pay very careful attention, the court DOES NOT use words like 'sovereignty' LIGHTLY. It knows EXACTLY what it is saying when it says it. And to call anything 'sovereign' IS A RECOGNITION OF FOREIGN STATUS
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