-Caveat Lector-

http://www.lewrockwell.com/sobran/sobran123.html

Stealing an Election
by Joseph Sobran

Both the major parties have been accusing each other of trying to
"steal" the presidential election in Florida. But this mess is a clean
process indeed compared to one that occurred in Maryland in 1861.

In May 1861 the Civil War was already raging. President Abraham
Lincoln called on Maryland to send four regiments to fight for the
Union cause. But the state was bitterly divided over the war.

Most Marylanders didn't want their state to secede, but neither did
they favor war. It is widely forgotten that a large body of American
opinion held that the Confederate States had every right to secede
from the Union and thought they should be allowed to go in peace.
But to Lincoln, this view was "treason." By Lincoln's definition,
most Americans, not just Southerners, probably qualified
as traitors.

The Maryland state legislature replied to Lincoln's summons for
troops with a resolution condemning the war as "unconstitutional
and repugnant to civilization," adding that "for the sake
of humanity we are for peace and reconciliation, and solemnly
protest against this war, and will take no part in it." The legislature
also called "the present military occupation of Maryland"
a "flagrant violation of the Constitution."

Lincoln was infuriated. He sent informers to determine which
members of the legislature were "disloyal" – i.e., opposed to war.
On the night of September 12 he had federal troops arrest dozens
of legislators and other prominent citizens (including the mayor
of Baltimore and a Maryland congressman) he suspected of
Southern sympathies. Since Lincoln had also suspended the right
of habeas corpus, he claimed the power to arrest anyone
arbitrarily, without specific charges and without a trial. When the
chief justice of the United States, Roger Taney, had ruled that
Lincoln had no constitutional power to do this, Lincoln had not only
ignored the ruling but ordered Taney's arrest too! (If he had gone
through with this outrage, he might well have been impeached and
removed from office.)

Having depleted the Maryland legislature, Lincoln moved to refill it
with reliable Unionists. He stationed thousands of federal troops in
the state and used them to crush dissent. As the historian Charles
Adams writes in his book When in the Course of Human Events
(Lanham, Maryland: Rowman & Littlefield, 2000): "In November
there was an election, and to make sure only Union people were
elected, all members of the Federal armed forces voted, even
though they were not residents of the state. At the voting booths,
other voters had to pass through platoons of Union soldiers who
had bayonets affixed to their rifles." Southern sympathizers
attempting to vote were arrested.

By such means Lincoln got the legislature he wanted. "Democratic
government ceased in Maryland for the duration of the war,"
Adams notes. So much for "government of the people, by the
people, for the people," which, you'll recall, would "perish
from the earth" if the Union lost. Lincoln's devotion to his
avowed principles may be measured by such practices, which
showed the cynicism behind his gorgeous rhetoric.

The legend of Lincoln's humanitarianism and love of freedom will
not withstand an examination of his brutal wartime tactics, which
shocked civilized Europe. The cruelty of the Union armies as they
invaded the South is well known. What is less well known is how
the Union terrorized itself.

Across the North Lincoln authorized tens of thousands of arbitrary
arrests and shut down hundreds of newspapers for criticizing his
war. His military governors sometimes ordered hangings, without
trial, for minor offenses. Mere suspicion of disloyalty – very broadly
defined – was enough to expose the individual to danger from his
own government.  It was a genuine reign of terror, an era of
government by hysteria.  The Constitution was effectively
suspended.

Defenders of Lincoln and the Union cause contend that the
Constitution doesn't authorize states to secede. Actually, the
Constitution says nothing about secession; it doesn't authorize it,
and it doesn't forbid it.

But neither does the Constitution authorize its own abrogation for
the purpose of resisting secession. It remains binding on the
federal government, including the president, at all times, even
during war and insurrection.

Lincoln argued in effect that the Constitution could be saved only if
he could violate it. It was, and remains, a shabby argument; but it
was, and remains, successful propaganda.

December 27, 2000

--

Spike Lee should be shot with a .44 bulldog.

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