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Re: Washington vs Lincoln
In Response To: Re: Washington vs Lincoln ()

I disagree, Lincoln's 1st Inaugural Address would not have satisfied the law.

In the last paragraph I found the answer to part of my point.

This is not an issue that there were laws that gave both Presidents the power to put down an insurrection, that is given in the Insurrection Acts of 1792, 1795 and 1807, which states in detail the STEPS for the President to take to put down an insurrection. At the time of Washington he was there and signed two of these laws into action and therefore knew the spirit in which those laws were put into place. The Insurrection Acts are buffers to slow the President into rushing into hasty military decisions against Americans or on American soil.

Those steps are...

1. When the United States is Invaded he may call the militia of the state or states closest to the danger AND in case of insurrection in a state AGAINST THE GOVERNMENT OF THAT STATE the President may WHEN APPLIED TO BY THE STATE LEGISLATURE or EXECUTIVE call out the militia of any other state or states to suppress the insurrection.

2. The President can call out the militia of a state, or of any state or states to suppress combinations against the laws of the United States in any state. (Not insurrections)

3. Provided always, that whenever it may be necessary for the President to use the military force hereby directed to be called forth, the President shall forthwith, by proclamation, command such insurgents to disperse, and retire peaceably to their respective abodes, within a limited time.

In the law of 1792 the Washington had to issue the proclamation before the militia was used. Lincoln was following the 1807 version of the law which removed that provision. However, he still could have given the proclamation to disperse by a limited time before he called for the militia of other states to invade.

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David Upton

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Washington vs Lincoln
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