Lincoln's Suspension of Habeas Corpus

http://www.atgpress.com/dtom/dt087.htm

For years I have posed the question as to whether or not anyone can provide me with actual competent hard evidence that this despicable act or legal treachery on Lincoln's part has ever been specifically "modified or revoked". To date no one can show me anything to rebut my contention that this Proclamation is still in full force and effect.

That is why the Great Writ is not available in today's courts. The only thing you can attempt to get is a statutory, Congressionally created discretionary thing only granted when it is politically expedient or some other vague motivation that tickles some black robed lawyer's fancy.

I posed this question to two attorneys. One an FBI lawyer of some 12 years experience, the other a private attorney from Columbia, South Carolina who has been in practice for over 20 years. They both smiled, danced around the issue a bit, and finally told me that I was correct in my theory.

PRESIDENT ABRAHAM LINCOLN'S SUSPENSION OF THE WRIT OF HABEAS CORPUS: September 15, 1863 A PROCLAMATION

“ … make known to all whom it may concern that the privilege of the writ of habeas corpus is suspended throughout the United States in the several cases before mentioned, and that this suspension will continue throughout the duration of the said rebellion or until this proclamation shall, by a subsequent one to be issued by the President of the United States, be modified or revoked.

And I do hereby require all magistrates, attorneys, and other civil officers within the United States and all officers and others in the military and naval services of the United States to take distinct notice of this suspension and to give it full effect, and all citizens of the United States to conduct and govern themselves accordingly....”

Originally Posted by free_martha

http://www.atgpress.com/dtom/dt087.htm

For years I have posed the question as to whether or not anyone can provide me with actual competent hard evidence that this despicable act or legal treachery on Lincoln's part has ever been specifically "modified or revoked". To date no one can show me anything to rebut my contention that this Proclamation is still in full force and effect.

That is why the Great Writ is not available in today's courts. The only thing you can attempt to get is a statutory, Congressionally created discretionary thing only granted when it is politically expedient or some other vague motivation that tickles some black robed lawyer's fancy.

I posed this question to two attorneys. One an FBI lawyer of some 12 years experience, the other a private attorney from Columbia, South Carolina who has been in practice for over 20 years. They both smiled, danced around the issue a bit, and finally told me that I was correct in my theory.

PRESIDENT ABRAHAM LINCOLN'S SUSPENSION OF THE WRIT OF HABEAS CORPUS: September 15, 1863 A PROCLAMATION

“ … make known to all whom it may concern that the privilege of the writ of habeas corpus is suspended throughout the United States in the several cases before mentioned, and that this suspension will continue throughout the duration of the said rebellion or until this proclamation shall, by a subsequent one to be issued by the President of the United States, be modified or revoked.

And I do hereby require all magistrates, attorneys, and other civil officers within the United States and all officers and others in the military and naval services of the United States to take distinct notice of this suspension and to give it full effect, and all citizens of the United States to conduct and govern themselves accordingly....”

Free: Where can I find a url providing a copy of that document... please assist me in reducing my google load.

Jerry.

“A Proclamation” - From Am Jur Desk Book, Id. at Page 91; Item No. 13.4

http://www.atgpress.com/dtom/dt087.htm

"A Proclamation". ( From Am Jur Desk Book, Id. at Page 91). Item No. 13.4

PRESIDENT ABRAHAM LINCOLN'S SUSPENSION OF THE WRIT OF HABEAS CORPUS September 15, 1863A PROCLAMATION

Whereas the Constitution of the United States has ordained 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; and ?
Whereas a rebellion was existing on the 3d day of March, 1863, which rebellion is still existing; and?
Whereas by a statute which was approved on that day it was enacted...that during the present insurrection the President of the United States, whenever in his judgment the public safety may require, is authorized to suspend the privilege of the writ of habeas corpus in any case throughout the United States or any part thereof; and?
Whereas, in the judgment of the President, the public safety does require that the privilege of the said writ shall now be suspended throughout the United States in the cases where, by the authority of the President of the United States, military, naval and civil officers of the United States, or any of them, hold persons under their command or in their custody, either as prisoners of war, spies, or aiders and abettors of the enemy, or officers, soldiers, or seamen enrolled or drafted or mustered or enlisted in or belonging to the land or naval forces of the United States, or as deserters therefrom, or otherwise amenable to military law or the rules and articles of war or the rules and regulations prescribed for the military or naval services by authority of the President of the United States, or for resisting a draft, or for any other offense against the military or naval service.?
Now, therefore, I, Abaham [sic] Lincoln, President of the United States, do hereby proclaim and make known to all whom it may concern that the privilege of the writ of habeas corpus is suspended throughout the United States in the several cases before mentioned, and that this suspension will continue throughout the duration of the said rebellion or until this proclamation shall, by a subsequent one to be issued by the President of the United States, be modified or revoked. And I do hereby require all magistrates, attorneys, and other civil officers within the United States and all officers and others in the military and naval services of the United States to take distinct notice of this suspension and to give it full effect, and all citizens of the United States to conduct and govern themselves accordingly....

[REDCLOUD]

The one you are citing has been significantly modified from the original Proclamation. Here is the original. You will note that it is only valid for the duration of the insurrection. it is intended for members of the rebel army or its supporters. Not for everyone for all time. It self destructed when the war ended.

Proclamation Suspending the Writ of Habeas Corpus

Abraham Lincoln
September 24, 1862


Proclamation Suspending the Writ of Habeas Corpus

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA:

A PROCLAMATION

Whereas, it has become necessary to call into service not only volunteers but also portions of the militia of the States by draft in order to suppress the insurrection existing in the United States, and disloyal persons are not adequately restrained by the ordinary processes of law from hindering this measure and from giving aid and comfort in various ways to the insurrection;

Now, therefore, be it ordered, first, that during the existing insurrection and as a necessary measure for suppressing the same, all Rebels and Insurgents, their aiders and abettors within the United States, and all persons discouraging volunteer enlistments, resisting militia drafts, or guilty of any disloyal practice, affording aid and comfort to Rebels against the authority of United States, shall be subject to martial law and liable to trial and punishment by Courts Martial or Military Commission:

Second. That the Writ of Habeas Corpus is suspended in respect to all persons arrested, or who are now, or hereafter during the rebellion shall be, imprisoned in any fort, camp, arsenal, military prison, or other place of confinement by any military authority of by the sentence of any Court Martial or Military Commission.

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 twenty fourth day of September, in the year of our Lord one thousand eight hundred and sixty-two, and of the Independence of the United States the 87th.

ABRAHAM LINCOLN

By the President:

WILLIAM H. SEWARD, Secretary of State.

[David Merrill]

REDCLOUD is correct theoretically. The executive powers simply conveyed into the money supply. The issuance of Greenbacks and initially fiat currency in the Territory of Colorado upon unseen bonds with the 59er's claims in Central City and Auraria (Buchannan's War Chest) integrated fiat currency into the banking system of America that is internationally in full force and effect today.

When Honest Abe was prepared to honor the Constitution by ending the 'extraordinary occasion' of July 4, 1861 the banking cartels hired John Wilkes BOOTH and Allen Pinkerton to take care of that problem - JFK style.


Regards,

David Merrill.

[idknow]

Originally Posted by free_martha

http://www.atgpress.com/dtom/dt087.htm

For years I have posed the question as to whether or not anyone can provide me with actual competent hard evidence that this despicable act or legal treachery on Lincoln's part has ever been specifically "modified or revoked". To date no one can show me anything to rebut my contention that this Proclamation is still in full force and effect.

That is why the Great Writ is not available in today's courts. The only thing you can attempt to get is a statutory, Congressionally created discretionary thing only granted when it is politically expedient or some other vague motivation that tickles some black robed lawyer's fancy.

I posed this question to two attorneys. One an FBI lawyer of some 12 years experience, the other a private attorney from Columbia, South Carolina who has been in practice for over 20 years. They both smiled, danced around the issue a bit, and finally told me that I was correct in my theory.

PRESIDENT ABRAHAM LINCOLN'S SUSPENSION OF THE WRIT OF HABEAS CORPUS: September 15, 1863 A PROCLAMATION

* * make known to all whom it may concern that the privilege of the writ of habeas corpus is suspended throughout the United States in the several cases before mentioned, and that this suspension will continue throughout the duration of the said rebellion or until this proclamation shall, by a subsequent one to be issued by the President of the United States, be modified or revoked.

And I do hereby require all magistrates, attorneys, and other civil officers within the United States and all officers and others in the military and naval services of the United States to take distinct notice of this suspension and to give it full effect, and all citizens of the United States to conduct and govern themselves accordingly....*

Martha, excellent question and history of your persuit to find an answer.

I've read the thread, especially what REDCLOUD wrote, and here's what I conclude after pondering for a few seconds.

I note with some disappoint that the proclamation is written in legalese, and therefore must be deparsed to understand it.

Specifically, P. Lincoln identifies "the priviliege of H. C." as the subject of his military order:- clearly the intended audience is the Military, and the unidentifed enemy: is it the states of the union? They aren't mentioned specifically, so I contend that the enemy not referred to is not the states.

The P. refers to *magistrates* - as previously discussed here on the forum, those people are resident in the district of Columbia;

civil officers are all govt employees *within* the United States:- where are they? Also *IN* the United States.

Then P. Lincoln refers to "all citizens of the United States": now, this I find to be a significant phrase in that paragraph!

Since the proclamation preceeds the fourteenth amendment, surely the order can not be referring to us, the people, simply because the class of people to whom the order is written in that paragraph are the one's to whom the P. is reaching out to take "distinct notice of this suspension and conduct themselves accordingly"!!!

That whole paragraph identifies who is to be looking for the enemy:
1. judicial personnel;
2. other civil officers;
3. military and naval personnel;
4. all citizens of the United States.

Finally, I note the use of the word "privilege".

This is a word of some authority provided by some act of Congress or a Legislature.

Therefore, where legislatures of all levels of govt cannot give more than they have it would appear that the order refers ONLY to those entities which are beholden to acts of legislatures and specifically to the acts of Congress and to the president who enforces such acts after signing them.

Martha, If you and the Members here are approving of this discussion then I would declare that by the military order of the Command-in-Chief, no High Crime of Treason against the People of these united States was committed when He wrote this order, but since military orders only apply to that which and those whom the govt has authority over on military posts, the order does NOT apply to us, "all the citizens of the states" and the civil and military personnel of the governments.

So the issue then becomes one of establishing that we the people are not subject to military orders (even tho the order asks for our help) nor subject to give allegiance or obedience to acts of Congress that do not refer to us.

", and all citizens of the United States to conduct and govern themselves accordingly."

Even that isn't a request for help!!! but in context of the paragraph being excerpted, it seems reasonable to assume that the P. was seeking our assistance.

What say you Free_Martha and the Members?

Kind of like the old town cryer, idknow.

Perhaps, like this … ? Maybe David could lend us his ‘ear’ …

We, the people of the land make it known to all that this common-law of the land administrative notice, that we, are not now a part of the military; nor have ever been a part of the military; nor have we have a valid military enlistment number. Therefore military public policy law does not apply to us, the people of the land nunc pro tunc, now-then.

It is agreed that if anyone fails to respond to this common law of the land administrative notice and, to acknowledge the truth of these matters in an unambiguous and unrhetorical manner, on a point by point basis, by tacit consent, it is forever acknowledged that these facts are true and that we have a covenant and agreement that is irrevocable. This common law covenant we have entered into lawfully on the suijuris website and published world wide.

Should twelve like-minded people agree, and their minds meet, then by common law of the land under the authority of common