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gpthelastrebel
Mon Aug 10 2015, 12:16PM

Registered Member #1
Joined: Tue Jul 17 2007, 02:46PM
Posts: 3698


I have always thought, and still do, that Lincolns war on the Confederacy was illegal, simply because he invaded another country. I found some legal arguments which are in pdf form at the end of this article, that reviews Lincoln's legal options for declaring war. This is a long, complicated and boring read. To be honest I jumped to the conclusion for a summary of the article.

As I understand the article, Lincoln had no constitutional right for declaring war, it was a Congressional right which was passed to the president, thereby making it legal.


*****************************
HARPER'S WEEKLY.

SATURDAY, APRIL 27, 1861.

By the President of the United States:

A PROCLAMATION.

Whereas, The laws of the United States have been for some time past and now are opposed, and the execution thereof obstructed, in the States of South Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana, and Texas, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the Marshals by law :

Now, therefore, I, ABRAHAM LINCOLN, President of the United States, in virtue of the power in me vested by the Constitution and the laws, have thought fit to call forth, and hereby do call forth, the Militia of the several States of the Union, to the aggregate number of 75,000, in order to suppress said combinations, and to cause the laws to be duly executed. The details for this object will be immediately communicated to the State authorities through the War Department.

I appeal to all loyal citizens to favor, facilitate, and aid this effort to maintain the honor, the integrity, and the existence of our National Union and the perpetuity of popular government, and to redress wrongs already long enough endured.

I deem it proper to say that the first service assigned to the force hereby called forth will probably be to repossess the forts, places, and property which have been seized from the Union, and, in every event, the utmost care will be observed, consistently with the objects aforesaid, to avoid any devastation, any destruction of, or interference with property, or any disturbance of peaceful citizens in any part of the country; and I hereby command the persons composing the combinations aforesaid to disperse and retire peaceably to their respective abodes within twenty days from this date.

Deeming that the present condition of public affairs presents an extraordinary occasion, I do, hereby, in virtue of the power in me vested by the Constitution, convene both Houses of Congress. The Senators and Representatives are therefore summoned to assemble at their respective chambers at twelve o'clock, noon, on Thursday, the fourth day of July next, then and there to consider and determine such measures as, in their wisdom, the public safety and interest may seem to demand.

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 fifteenth day of April, in the year of our Lord one thousand eight hundred and sixty-one, and of the independence of the United States the eighty-fifth

*********************************

http://www.yalelawjournal.org/pdf/427_pa9skxwv.pdf


lincoln_declares_war.pdf

[ Edited Thu Jan 12 2017, 07:23PM ]
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gpthelastrebel
Fri Jun 26 2020, 07:00PM

Registered Member #1
Joined: Tue Jul 17 2007, 02:46PM
Posts: 3698
Lincoln's Blockade Proclamation---

War of the Rebellion: Serial 122 Page 0089 UNION AUTHORITIES https://ehistory.osu.edu/books/official-records/122/0089

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA:

A PROCLAMATION.

Whereas an insurrection against the Government of the United States has broken out in the States of South Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana, and Texas, and the laws of the United States for the collection of the revue cannot be effectually executed there conformably to that provision of the Constitution which requires duties to be uniform throughout the United States:

And whereas a combination of present, engaged in such insurrection, have threatened to grant pretended letters of marque to authorize the

War of the Rebellion: Serial 122 Page 0090 CORRESPONDENCE, ETC.

bearers thereof to commit assaults on the lives, vessels, and property of good citizens of the country lawfully engaged in commerce on the high seas ad in waters of the United States;

And whereas an Executive proclamation has been already issued requiring the persons engaged in these disorderly proceedings to desist therefrom, calling out a militia force for the purpose of repressing the same, and convening Congress in extraordinary session to deliberate and determine thereon:

Now, therefore, I, Abraham Lincoln, President of the United States, with a view to the same purposes before mentioned, ad to the protection of the public peace ad the lives ad property of quiet ad orderly citizens pursuing their lawful occupations, u until Congress shall have assembled ad deliberated on the said unlawful proceedings, or until the same shall have ceased, have further deemed it advisable to set on foot a blockade of the ports within the States aforesaid, i pursutates and of the law of nations in such case provided. For this purpose a competent force will be posted so as to prevent entrance ad exit of vessels from the ports aforesaid. If, therefore, with a view to violate such blockade, a vessel shall approach, or shall attempt to leave either of the said ports, she will be duty warned by the commander of one of the blockading vessels, who will indorse on her register the fact and date of such warning, and if the same vessel shall again attempt to enter or leave the blockaded port she will be captured and sent to the nearest convenient port for such proceedings against her and her cargo as prize as may be deemed advisable.

And I hereby proclaim and declare that if any person under the pretended authority of the said States, or under any order pretense, shall molest a vessel of the United States, or the persons or cargo on board of her, such persons will be held amenable to the laws of the United States for the prevention and punishment of piracy.

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 nineteenth day of April, in the year of our Lord one thousand eight hundred and sixty-one, and of the Independence of the United States the eighty-fifth.

ABRAHAM LINCOLN.

By the President:

WILLIAM H. SEWARD,

Secretary of State.
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