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Assalamu'alaikum,

Americas Disgraceful History Of Military "Trials"

by Thomas J. DiLorenzo

Nov 15, 2001

http://www.lewrockwell.com/dilorenzo/dilorenzo9.html

The latest assault on the civil liberties of the American people in the
name of fighting terrorism is President Bushs recent decision to use U.S.
military tribunals to try foreigners accused of terrorist attacks and to
decide on sentences, including the death penalty. This is a horrible idea
with a horrible precedent: the largest mass execution in U.S. history.

In 1851 the Santee Sioux Indians in Minnesota sold twenty-four million
acres of land to the federal government for $1.4 million. By August of
1862 thousands of white settlers continued to pour into the Indian lands
even though none of the money had been paid to the Santee Sioux. There was
a crop failure that year, and the Indians were starving. The Lincoln
administration refused to pay them the money they were owed, breaking yet
another Indian treaty, and the starving Sioux revolted.

A short "war" ensued, with Lincoln putting one of his favorite generals,
General John Pope, in charge of federal forces in Minnesota. Pope
announced that "It is my purpose to utterly exterminate the Sioux . . . .
They are to be treated as maniacs or wild beasts, and by no means as
people with whom treaties or compromise can be made." (Similar statements
were being made at the time by General William Tecumseh Sherman, who said
that to all Southern secessionists, "why, death is mercy").

The Santee Sioux were overwhelmed by the federal army by October of 1862,
at which time General Pope held hundreds of Indian men, women, and
children who were considered to be prisoners of war. The men were all
herded into forts where military "trials" were held, each of which lasted
about ten minutes according to David A. Nichols in Lincoln and the
Indians. They were all found guilty of murder and sentenced to death even
though the lack of hard evidence was manifest and they were not given any
semblance of a proper defense. Most were condemned to death by virtue o
the fact that they were merely present during a battle, during a declared
(by the Indians) war.

Minnesota political authorities wanted the federal army to immediately
execute all 303 of the condemned men. Lincoln, however, was concerned that
such a mass execution of so many men who had so obviously been railroaded
would be looked upon in a bad light by the European powers who, at the
time, were threatening to support the Confederate cause in the War for
Southern Independence. His compromise was to pare the list of condemned
down to 39, with a promise to the Minnesota political establishment that
the federal army would eventually kill or remove every last Indian from
the state. As a sweetener to the deal Lincoln also offered Minnesota $2
million in federal funds.

On December 26, 1862, Abraham Lincoln ordered the largest mass execution
in American history in which the guilt of the executed could not be
positively determined beyond reasonable doubt. (The cartel of "Lincoln
scholars" actually praises Lincoln for this act, claiming that it is yet
another example of his humanitarianism and his "culture of life." He may
well have killed 39 innocent people, they say, but it could have been much
worse).

This is not to suggest that the Bush administration, with its decision to
use military tribunals instead of civil courts to try suspected
terrorists, will exercise the kind of tyrannical behavior that occurred
during the Lincoln administration, but it could. Military men who are
influenced by the passions of war are not suitable as unbiased judges. The
administration should use the current crisis as an opportunity to speed up
our sclerotic legal system and prosecute accused terrorists under the
normal rules of trials that are consistent with the U.S. Constitution.

November 15, 2001

Thomas J. DiLorenzo [send him mail at [EMAIL PROTECTED]] is professor of
economics at Loyola College in Maryland. His book, The Real Lincoln: A New
Look at Abraham Lincoln, His Agenda, and an Unnecessary War, will be
published in February.

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