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Acts and Actions—Part 2
By Dahni
© 2021, all rights reserved
The red ball is an act which leads to actions
Acts and Actions—Part 2
(The Acts which led to the actions taken ever since)
1. Abraham Lincoln’s birth: February 12, 1809. Today is his 212th birthday, by the way.
2. Republican National Convention: Last day May 18, 1860 Lincoln nominated for president after third round of ballots cast.
3. Presidential election held: November 6th, 1860 a four way race and despite the fact that Lincoln was not on the ballot in 7 southern states. He was still elected, needing only 152 out of 303 electoral votes (he had 180), and a majority of the popular vote, 39.8% with 81.2% voter turnout.
4. 1st inauguration: Abraham Lincoln, 16th President Monday, March 4, 1861. After taking office in March of 1861, Mr. Lincoln not only faced a constitutional crisis of epic proportions, but he was also forced to deal with the reality of the most formidable domestic enemy to the American people and to U.S. Constitution the nation had ever witnessed. Several southern states threatened to secede if he was elected. First was SC on 12/20/1860, shortly after the presidential election, just about a month earlier on November 6th, 1860. Then, one by one the last 10 seceded within the year. Lincoln also chose four of his opponents from the Republican convention, to be members of his cabinet. Perhaps he ascribed to the belief of, “keeping your friends close and your enemies closer”?
5. Walkout of Congress: When Abraham Lincoln took office on March 4th, 1861, seven southern states, their senators and representatives walked out of Congress. Those representatives and senators had already announced their intentions or would soon do so. Some of their states had already seceded. But it was quite certain and only a matter of time, before four more southern states and their U.S. senators and representatives would also leave the Union, preferring the Confederacy.
6. Adjournment (without a day to reconvene), 37th U.S. Congress, March 28, 1861
7. Battle of Fort Sumter: April 12-13, 1861. The South captures the fort.
8. “extraordinary Occasions” clause from the Constitution invoked by Lincoln: April 15, 1861. Lincoln orders both houses of Congress to convene July 4, 1861. And in the absence of Congress, he invokes Article IV, Section 4. Calling forth the militia, Clause 1, of the U.S. Constitution, to call forth the Militia.
“The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.”
Article IV, Section 4. Clause 1, U.S. Constitution
9. Suspension of habeas Corpus: 37th Congress 1st Session in Senate, Thursday July 4th, 1861. Congress convened as commanded by the President on the day and time as demanded. Sandwiched between the proclamation convening both houses of Congress and calling up the militia [the Guard] on May 15, 1861, and Congress complying on July 4. 1861, there is another “extraordinary Occasion” we need to look into. Habeas Corpus, from Latin means, “You have the body.” The writ of habeas corpus is a judicial mandate requiring that a prisoner be brought before the court to determine whether the government has the right to continue detaining them. On April 27, 1861, President Abraham Lincoln in Maryland suspended the writ of habeas corpus. Whoa – Back up! Wait just a minute! Where did the president get the authority to do 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.”
Article I, Section 9. Clause 2, U.S. Constitution
Article I, in the Constitution is specific to the Congress of the United States. But the Congress had adjourned. So to recap:
a. An “extraordinary Occasion” existed, authorizing the president to convene both houses. Today, we may think of such as a state of or a national state of emergency. Real or made up, all one has to do is to declare a state of emergency and ordinary occasions do not apply:
b. Since the legislature could not be convened, the president [“Executive”] is authorized to protect the states against invasion and domestic violence.
c. Since the legislature had adjourned/could not be convened, habeas corpus could only be suspended in cases of:
rebellion – invasion – as public safety [national or state of emergency] may require it
It is obvious that the president viewed the situation as an a. b. c. or all the above. If the Congress had adjourned, who but the executive branch could suspend the writ of habeas corpus? Why was it suspended April 27, 1861? Maryland and specifically Baltimore was in close proximity to Washington D.C. The state was divided as some favored the South and some the North. Secession had not been decided upon yet. There was tension and there were riots. Local Militia actions and the threat that Maryland would secede leaving Washington D.C. vulnerable and surrounded by hostile territory, were other considerations. General-in-Chief of the Union forces, Winfield Scott wanted to bombard Baltimore. Other Union generals wanted to set up military courts. Because of these escalating circumstances, President Lincoln decided to, instead of all of the above, to suspend the writ of habeas corpus. And Congress was not yet in session to consider a suspension of the writs. How was this act responded to? It was challenged in court and overturned by the U.S. Circuit Court in Maryland by the Chief Justice of the Supreme Court, Roger B. Taney.
In those days, some Supreme Court judges also acted as Federal Circuit Court judges. Taney was one of them and he chose to hear the case in Federal Court in Baltimore, rather than have it heard by the Supreme Court in Washington D.C. Lincoln ignored Taney’s order. In July of 1861, when Lincoln had ordered both houses to convene, a joint resolution was introduced, approving Lincoln’s suspension order of April 27, 1861. In the Senate, a filibuster by Democrats held the floor to prevent a vote, in opposition to the precise wording of the resolution. Senator Lyman Trumbull prevented a vote on the resolution and it was never brought up again. The same senator introduced his own bill later, but a vote never took place before the session ended.
Lincoln ordered most prisoners released on February 14, 1862. This ended the court challenges for at least awhile. But there was resistance to his proclamation [presidential order] of April 15, 1861 calling the Militia into service of the United States. Due to this resistance, in September of 1862, Lincoln suspended habeas corpus again. No matter how you and I or anyone may choose to view these times or these acts, they certainly were, “extraordinary Occasions.”
If we agree with Lincoln that the “Union is [was] unbroken” or not, the responses were “Extraordinary”. If secession of the southern states was legal or not, the times and the responses to it were “Extraordinary.” If the circumstances were and are questionable as to why these acts took place, the President of the United States had every legal and constitutional right and the responsibility to execute the “Law of the Land.” According to the Constitution, the government swears or affirms by oath, to protect all the states from “invasion” or “rebellion.” And the “public safety” warranted a National emergency, a state of emergency. “extraordinary Occasions,” require “Extraordinary” responses. Note: habeas corpus was all but continued for the duration of this conflict.
Extraordinary responses:
The former “ordinary” Executive, Legislative and Judiciary branches due to “extraordinary Occasions”, became each “extraordinary.” Each branch became increasingly under the control of or the authority of the President of the United States. Three actions which all started from the “extraordinary Occasions” were ordinarily under the authority of the Executive, Legislative, and Judiciary branches of government. Three actions under the direction of the Executive branch changed the Executive, Legislative and Judiciary branches:
a. Convened both houses of Congress
b. Called up the Militia
c. Suspension of habeas corpus
10. Conscription Act: March 3rd, 1863 This was signed into law (called a proclamation), by then president, Lincoln. It was to draft able minded and bodied individuals to serve in the military. There were compassionate exceptions for example, if you were an elderly parent, grandparent etc. and had only one son, grandson and etc., they would not have to serve, in order for them to take care of you. You could send someone else for you. Like whom? Perhaps one could send a slave as their acceptable replacement? You could also pay a fee ($300.00 = about $3,000.00 to $30,000 today). This not only upset many people, riots ensued because of it, and former slaves and rich people (“money men”), were lynched in public on the street corners of many major and crowded cities. The movie, ‘Gangs of New York’ showed some of this violence, but attributed it mostly to gangs (rival volunteer fire departments actually), crowded and unsafe conditions. But this provision in the ‘conscription act’ did not end as it was intended.
But there was more to ‘the conscription act’, much more. To enforce it and make sure the citizenry were complying with the law and to insure they had the required number of troops to prosecute this conflict, they set each state (including the southern states if and when they were invaded and occupied), into districts. These districts would correspond to the congressional districts, so many people, per one US representative. Each “district” had to have three individuals assigned. One was a physician to see if each person was fit to serve, another individual and one military provost. Yes, each district was under the control of the military, answerable to their commander and chief, the president of the United States. Even though Andrew Johnson (who succeeded Lincoln), ended the draft portion of this act and some other minor matters, the “districts”, district states remain to this day. They answer to the district courts, which answer to the “District of Columbia (Washington D.C.), and they and the U.S. Supreme Court, answer to, the president of the United States, to this day.
11. The Lieber Code April 24, 1863
The Constitution deals primarily with three types of law:
Common Law * Equity Law * Admiralty Law
For Our purposes here, think of Admiralty Law as International Law or Roman law.
International Law deals with relationships between or among nations. The United Nations deals with International Law. In order for there to be an invasion of one or more nations, one or more nations must be involved in invading the nation or the nations. An invasion was forming in 1861, under “extraordinary Occasions,” and implemented in 1863.
April 24, 1863 General Orders No. 100 Lieber Code signed by Lincoln. The Lieber Code is on file at the International Court of Justice. The “Lieber Code” is named in honor of its drafter, Dr. Francis Lieber, a law professor who had two sons, one fought for the Union and other for the Confederacy during the 1861-65 Conflict.
The Lieber Code is based on Roman law. It deals with how one or more nations should operate in invading and occupying one or more nations.
Remember ‘The Habeas Corpus Suspension Act’ was passed by Congress and signed into law by the President, March 3, 1863? It basically was time-stamped until the war ended. Remember, ‘The Lieber Code and Martial Law had conditions to end its authority?
“2. Martial law does not cease during the hostile
occupation, except by special proclamation,
ordered by the commander-in-chief,
or by special mention in the treaty
of peace concluding the war,…”
Excerpts from The Lieber Code of April 24, 1863
Was there ever any order by the Commander and Chief to end the Lieber Code? I cannot find any such order by any president, Congress or Supreme Court. Was there ever any peace treaty concluding the War? There never was any such peace treaty!
“The United States went to war in 1861 to preserve the Union; it emerged from the war in 1865 having created a nation. Before the two words ‘United States were generally used as a plural noun: ‘the United States are a republic.’ After 1865 the United States became a singular noun. The loose union of states became a nation.”
James M. McPherson,
‘Abraham Lincoln and the Second American Revolution’
Oxford University Press, 1991, p. viii.
“The de facto transition of the United States from a federation to a federal state
is marked by the gradual use of a singular rather than a plural verb.”
Charles G. Fenwick, International Law, 3d rev. ed.
Appleton-Century-Crofts, Inc., 1948), p. 148 n. 62.
“Legal Fictions” “are not allowed to be carried further
than the reasons which introduced them necessarily require.”
Excerpt from Bouvier’s Law Dictionary 6th Edition, 1856
12. April 9, 1865, Confederate General Robert E. Lee surrendered his 28,000 troops to Union General Ulysses S. Grant at Appomattox Court House, bringing an end to the Civil Conflict. But it took until the end of 1865, for every battle to end and all the military of the southern states to surrender.
13. April 14, 1865, Abraham Lincoln, the 16th president of the United States, was assassinated. Lincoln died the following day at 7:22 am, April 15, 1865.
Did Lincoln ever cancel ‘The inscription Act? No he did not. Did he ever cancel ‘The Lieber Code’ or sign a peace treaty with the southern states? No he did not.
“Where was the treaty signed? There was no treaty signed to end the Civil War. The surrender at Appomattox Court House was a military surrender of an army, which was surrounded. The Confederate government never surrendered and even had it wanted to the United States government would likely not have accepted. To do so would have legally acknowledged the existence of the Confederate States of America and would have legitimized it and given it certain legal status internationally. Treaties are between two nations and the U.S. would never concede the legal existence of the Confederacy – even though it had a government, armies, taxes and all the trappings of a modern government.”
From The National Parks Service
http://www.nps.gov/apco/faqs.htm
Remember the Constitution was authored to limit government and bind it to the Constitution? The Colonists’ intent was not to create a SOVEREIGN (Sovereign nation), but rather, to further bind the Branches of government. This is made clear in the Preamble to The Bill Of Rights-December 15, 1791.
“THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.”
Excerpts from the Preamble to the Bill of Rights
“Government is not reason, it is not eloquence, it is force; like fire, a troublesome servant and a fearful master. Never for a moment should it be left to irresponsible action.”
George Washington, speech of January 7, 1790
In the Boston Independent Chronicle, January 14, 1790
This was just the beginning of “Legal Fiction.” And what is “legal fiction”? To begin, it is a legal term. It begins legally, but when it prolongs longer than it was intended, intentionally or not, it becomes fiction. Instead of de jure (pure law), it becomes de facto (presently or as a matter of fact), law and what were intended to be “extraordinary Occasions”, became for all practical matters, Ordinary occasions.
So my many ones of WE, there you have the acts, all of them, which have led us to where we are today. Unless you are over 158 years old today, not a one of us have ever lived in the republic as ratified by Our Constitution in 1789. The names of the states are the same, borders are mostly the same except for West Virginia separating from Virginia. The capitol in Washington D.C. is still there. The Declaration of Independence still applies, the Constitution for the United States of America still exists and WE are still the People. But one thing changed in 1863 and because of it, we have lived our entire lives under Martial Law, as if the military were still engaged in the conflict that ripped us apart in 1861-1865. Since Lincoln never RESET the Republic into ordinary Occasions, we are still under extraordinary Occasions. So how then are all the actions since, possible?
Inter arma enim silent lēgēs is a Latin phrase literally meaning “For among arms, the laws are silent,” but it is more popularly rendered as, “In times of war, the law falls silent.”
In order for these things to continue either intentionally or not, they must do so by some National State of emergency— real, perceived or intentionally used to manipulate. This is exactly what has transpired, ever since 1863. Each branch of government all vie for dominance and power, at the expense of you and I. This is done regularly. New ‘states of emergencies’ arise or others are renewed by Congress (every 12 years), in their codified ‘Statutes at Large’, also known as, ‘The U.S. Code.’ The U.S. Code has 51 titles and all information about any given subject, may not always be found in where we might think. But of these 51, there are such things as, ‘The Military Code’, ‘The IRS Code’ ‘The Judiciary Code’ and so forth. Just like in 1865, if not canceled, overturned or rescinded, they are still on the books; they are still applicable law.
Would you be interested in knowing that our government (that are supposed to be our servants), list us each and all as enemy combatants? Each of us work for the government and every time we sign our federal tax returns, we are indicating that the information we are providing (under penalty of perjuries (plural), is that the information is true to the best of our knowledge. Do you know what this is called? It is called a tacit (silent), oath. You and I are under oath and we work for the government, we are enemy combatants, and we have no rights, just privileges? Yes! Oh, there’s more, a lot more, but I don’t want to become depressed, cause you to be depressed and without hope! There is hope! There is a remedy!!! But just like hide and seek, we have to look for the right things, the right person(s) and in the right places. Instead of treating symptoms, we need to eliminate the cause and the symptoms will disappear.
To conclude here, if you are angry at Abraham Lincoln and want to blame him for all of this, I can certainly understand how you might feel. Abraham Lincoln was among my favorite presidents until I discovered the “acts” that he took. I was angry! But I just want to say today, on his birthday, I have discovered two important things he did which form my present opinion, that if he was not assassinated, he would have RESET our Republic, back into ordinary Occasions, of the Constitution for the United States of America!
So those are the Acts. Next time we will look at some of the “actions”, conspiracies, and theories some believe, will RESET our Republic. Here is a hint, though these may seem important and seek to overturn these actions, the fact is, the acts all happened in mostly 1863 and everything else is just a continuance. We are all still today, all under martial law. The actions since are moot or really don’t matter with regards to the undoing. The cause has been found. We just need to discovery the remedy and to RESET our Republic.
1 of WE,
The American Eagle Service 