by Dahni
© Copyright 2/12/10
all rights reserved
HOW can WE the People regain control of OUR right to “life, liberty and the pursuit of happiness?” WE have delved into what won’t work in order to find what will work.
Here is where we are so far:
The List (simplified)
8. Establish a new service to restore OUR rights to “Life, Liberty and the Pursuit of Happiness” – WE are Working on this Now!
Today: Returning to the Source – Constitutional or Manipulation?
Last time WE saw that through presidential proclamation, the country was under martial law and habeas corpus suspended. Therefore the Congress ceased to exist as a Constitutional Congress and became from that day forward (July 4th, 1861), an Executive Congress. The continuance to OUR present-day, of these Executive Congresses, as opposed to being Constitutional, will be examined in a future post. But for now, WE the People need to look at the actions of 1861. Were they Constitutional or a manipulation?
The Constitution
Article I
Section 1.
All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
Section 4.
The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day.
Section 5.
Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.
Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.
Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.
Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.
Section 8.
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
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.
Section 10.
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
Article II
Section 1.
The executive Power shall be vested in a President of the United States of America.
Section 2.
The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States;
Section 3.
He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses…
The Constitution parts WE have just read make it abundantly clear what powers were held by the Legislative & Executive Branches of Government.
The President could not declare war. He could not call forth the military. He could not suspend habeas corpus. He could not convene Congress unless “on extraordinary Occasions.” The words “on extraordinary Occasions,” are not defined in the Constitution.
So how could the President of the United States reconcile these discrepancies in his proclamation April 15, 1861, when he did call for the militia, summon Congress, and basically did declare war on the south (though it was never officially a war)?
The entire matter hinged upon secession of the states. The word “perpetuity” was used in this proclamation. In the Articles of Confederation (OUR first Constitution) it also included the words “and perpetual Union between the States…,” as its original title. The words were stricken in the Constitution and replaced with, “in order to form a more perfect Union (not a perfect or perpetual Union, but “a more perfect Union.” The question of secession was referred back to The Declaration of Independence:
“WE hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”
and
“…as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do…”
Free and Independent States voluntarily united, to form the States United of America.
“If there be any among us who would wish to dissolve this Union, or to change its republican form, let them stand undisturbed as monuments of the safety with which error of opinion may be tolerated where reason is left to combat it.”
Thomas Jefferson in his First Inaugural Address
15 years later after the New England Federalists attempted to secede, Jefferson said, “If any state in the Union will declare that it prefers separation … to a continuance in the union …. I have no hesitation in saying, ‘Let us separate.'”
James Madison, the father of the Constitution, cleared up what “the people” meant, saying the proposed Constitution would be subject to ratification by the people, “not as individuals composing one entire nation, but as composing the distinct and independent States to which they respectively belong.”
The states were sovereign; the federal government was a creation, an agent, a servant of the states.
Just about every major Northern newspaper editorialized in favor of the South’s right to secede.
New York Tribune (Feb. 5, 1860):
“If tyranny and despotism justified the Revolution of 1776, then we do not see why it would not justify the secession of Five Millions of Southrons from the Federal Union in 1861.”
Detroit Free Press (Feb. 19, 1861):
“An attempt to subjugate the seceded States, even if successful could produce nothing but evil — evil unmitigated in character and appalling in content.”
The New York Times (March 21, 1861):
“There is growing sentiment throughout the North in favor of letting the Gulf States go.”
President Lincoln did not see it this way. The actions he took indicate his thinking on the matter and the Constitution was used in effort to justify his actions. He believed the Union was perpetual and could not be dissolved unless all states or a majority decided to dissolve the union. Therefore, according to Lincoln, secession of the southern states was not secession, but a rebellion, insurrection, an illegal and unconstitutional act. In his proclamation he used the words, “combinations too powerful.” The newly seceded Southern states formed a “confederation.” The Constitution stated, “No State shall enter into any Treaty, Alliance, or Confederation.” But members of both houses had already declared their leaving as members publicly when they left their perspective house. The Senate had already withdrawn their names from the roll call and they were no longer considered members. They were never expelled! The seceding southern states had already ratified the decision to secede from the Union and then they formed a Confederation, alliance and treaty etc. with each other. This was known by the remaining members of Congress and the president BEFORE his proclamation was made. He did not respond to the questions from the Senate as to the numbers of troops and their intentions, growing in around Washington, D.C. They adjourned without a day to reconvene. Then Fort Sumter was attacked. Both the north and the south considered Fort Sumter, “their property.”
Previously in January of 1861, the south had repelled the northern attempt to re-supply the fort. Lincoln was informed that he had (2) options, either let it go or 20,000 troops in and around the fort would be required to secure it. There were most likely only 16,000 troops in the entire union army at that time.
Lincoln chose a third option. He sent word to state authorities that he would send food and provisions for the soldiers occupying the fort. Union ships were dispatched that secretly held armament and soldiers. The ships anchored away from the fort. Small boats left for the island with food, provisions and in secret, ammunition and small arms. If these boats were unopposed by the south, this would have continued until ammunition was sufficient enough to protect the ships that would then offload their entire cargo of armament, ammunition and soldiers.
The benign measure of just providing food and provisions for the soldiers at the fort and presence of ships anchored in the harbor were not, and rightfully so, not trusted by the south. Both sides wanted the other side to fire first. Lincoln took a gamble and was willing to sacrifice men and the fort, if the south would fire first. The south did fire first.
Two days later, Lincoln under the “extraordinary Occasions” clause of the Constitution, issued an order to call forth the military and to re-convene Congress, essentially suspending Constitutional law and replacing it with Martial Law.
See Lincoln’s Proclamation:
The Day Congress Ceased
The proclamation was carefully worded to avoid appearance of impropriety and invoking portions of the Constitution for its purported justification.
Intense passions flared on both sides. Each action perceived suspiciously or interpreted rightly, influenced reaction by the other. Both sides viewed the escalation as preparation for war. Troops passing through Baltimore, Maryland in route to Washington for its defense, were perceived as threatening to the Peoples of Maryland. Another Executive order by Lincoln April 25, 1861 clearly showed that he understood that the following day, the Maryland legislature was to meet to consider the idea of seceding from the union. He ordered the military not to get involved to stop the meeting or to suspend habeas corpus which suggests that he believed that he had the power to suspend. Existence of troops around the area seemed indicative that this order was merely a veiled threat, if Maryland voted to secede from the union.
The following day, Maryland Legislature did meet. The issue of secession was left undecided and they adjourned with a specific date to re-convene. Before they were to meet again and did decided not to secede, union forces were in command to hold the state and habeas corpus suspended.
No matter how anyone chooses to look at who was right and who was wrong, what was justifiable or what was not; what the true intentions were, Lincoln’s proclamation on April 15, 1861, was an order which suspended the Constitutional authority of Congress and as Commander and Chief of the military, this was essentially, an order of martial law which placed both the Judiciary and the Legislative Branches under the control of the Executive Branch and ultimately with the president. The same order would allow the south to essentially surrender within 20 days. But the order to re-convene Congress, for July 4th, 1861, was almost 80 days later. Congress could have re-convened earlier to have considered such things as declaring war on the south, to call forth the military and allow the president to put down a rebellion. But they choose and did comply with this proclamation or order of the president and thereby relinquished Constitutional legislative power to the president. The Judiciary branch had no further choice in the matter.
Congressional journals show that to account for their actions, they would show solidarity with the president’s decisions. What remained since, from this day forward, was an Executive Congress which two years later would seize control of the sovereignty of the states, in the north and in the south from 1863 to this present-day. Good intentions or not, this presidential proclamation (order) of 1861 was not constitutional, it was manipulation at worst or an interpretation at least.
The history of Congress had been re-written!
Next Time: The Day the States United, Ceased to Exist
I have promised and will keep my promise. I promise you that what WE can do about all of this and HOW to do it is coming! WE are in it, right now! The solution is on the way! It is really quite simple. It will not take forever or even a lifetime. It will only take a small amount of time and your direct participation. It may be difficult, but WE can do it IF, WE the People so will to do it. Do WE so will?
What may seem as insurmountable odds in regaining control of our liberties may appear hopeless, but there is an answer! Stay tuned here as we continue.
Check out the other blogs listed to the right. Come often. Bring others. Get involved. Do something. See:
How You Can Help
Ask not what your country can do for you
or what you can do for your country,
but what can WE the People do, for each other!”
1 of WE,
Dahni
An Amer-I-Can eagle
Next Post – Re-writing History!
Previous Post – The Day Congress Ceased to Exist!
Front Page – Welcome & Introduction
!
