it did not restore habeas corpus even in kentucky which had never been at war with the united states. the veto cemented the republicans' determination to leave without ending the war or even setting terms to end the war. fessendon pledged to hold on to what the war had accomplished at least until the november mid-term election when they would take the issue to the country. with the newly increased majority for the first time they overwrote a significant act of legislation, veto of a significant act of legislation and johnson's civil rights bill then passed a habeas corpus bill to protect soldiers in the south from being indicted in local courts. then they moved finally on to the 14th amendment. this reflected a crisis they did in fact feel because they understood and the republican press said, johnson's april proclamation might not be wise but it establishes a term of peace and republicans have to respond. the emphasis of that response of their terms would center around the 14th amendment. as you'll see, the 14th amendment was in no respect an offer of peace. it did not emphatically i

blasting his suspension of habeas corpus, the emancipation proclamation and other adm administrative measures deemed as unconstitutional abuses of executive power. many anti-lincoln publications and cartoons appealed to the racial prejudices of northern voters. one pamphlet, abraham uses biting sarcasm to indict lincoln as an infidel who made a pact with the devil in order to become king of the united states. j.f.feeks the new york firm who issued abraham africanas first, had the lincoln catechism. this publication uses a series of questions and provides answers that lampooned lincoln as a dictator intent on forcing the american -- on the american people emancipation, and other despotic atrocities. this played on white american fears of racial equality took a toll on lincoln's standing with the northern public, especially as casualties and defeats on the battlefield continued to mount. but while the increasing effect iveness of the democrat's anti-lincoln campaign may have weakened the president's prospects for re-election their strong antiwar stance caused significant problems for t

president abraham lincoln suspended the writ of habeas corpus. that meant that people could be arrested and brought here and detained and held here for no specific crime, and not even given a trial in front of their peers or in front of a judge. many people saw this as an abuse of rights. some in baltimore said, lincoln has set himself up as king and fort mchenry is his baltimore bastille, an allusion to the king of france. one man who was brought here to fort mchenry was john merryman. john merryman was an officer and a pro-confederate horse unit called the baltimore county horse guard. even though they had been disbanded, they had a reputation of being pro-southern. he was arrested under the pretext of training programs that are -- pro-confederate on his property. merryman was brought here and held in one of these rooms. perhaps in this very room. word got out and the chief justice of the supreme court at that time, who happened to be in baltimore, actually condemned the decision. he condemned it as a more local judge in chambers. but he issued

president abraham lincoln suspended the writ of habeas corpus. that meant that people could be arrested and brought here and detained and held here for no specific crime, and not even given a trial in front of their peers or in front of a judge. many people saw this as an abuse of rights. some in baltimore said, lincoln has set himself up as king and fort mchenry is his baltimore allusion to the king of france. one man who was brought here to fort mchenry was jhohn merriman. john merriman was an officer and a pro-confederate horse unit called the baltimore county horse guard. even though they had been disbanded, they had a reputation of being pro-southern. he was arrested under the pretext of training programs that are -- pro-confederate on his property. n was brought here and held in one of these rooms. perhaps in this very room. word got out and the chief justice of the supreme court at that time, who happened to be in baltimore, actually condemned the decision. he condemned it as a more local judge in chambers. but he issued a stern condemnati

ruled against lincoln's suspension of habeas corpus. he voted against the constitutionality of lincoln's blockade of southern ports. and he drafted a hypothetical opinion challenging the constitutionality of the federal draft law, should it come before the court. it didn't. of course, he seethed over lincoln's emancipation proclamation, which stood in stark contrast to his own ruling on dred scott. he was so opposed to lincoln's policies, and so sure that the administration hated him for it, that he wondered aloud after the decision in the habeas corpus case whether the president might order his arrest. throughout 1863 and 1864, as union army made greater inroads into the confederacy, his opinions and he himself seemed more and more the relics of a bygone era. he came more and more under criticism. although there were only six years between the issuing of the dred scott decision and the announcement of the emancipation proclamation, america was undergoing a radical transformation. congress, lincoln, and the union military were enacting

and habeas corpus is an incredibly challenging area of law. as you're saying a lot of times these attorneys are well meaning. they just don't have the experience and the background to do this type of work. one of the attorneys we wrote about is in indiana. and she tried hard to get -- we read this two volume set of habeas corpus practice. we attends a week-long seminar on capital litigation but the very back end of the case she makes a crucial mistake and drops the petition in the mail rather than having it delivered by fedex or delivering it to a person at the courthouse. as a result the petition arrived one day late and her client's petition was dismiss without ever being reviewed on the merits. so bill, i think part of -- part of what's so stunning about the piece to me, and why i say the democratic president bill clinton is the person who signed this, i think we hear often we talk a lot on this show about this great desire for something to get done. let's just get something done. let's make compromises, who cares about partisanship, let's

. >> se reconocerÍa este jueves un hÁbeas corpus. estar toda la informaciÓn que tengo retorno con ustedes. ♪ ♪ >> conocen la repercusiÓn de mezclar alcohol y medicamentos? >> gracias por acompaÑarnos, tener unas encÍas sanas es importante, si usted es de las personas como yo, con una dieta mediterrÁnea podrÍa vivir mÁs de 70 aÑos. >> tener las encÍas saludables, podrÍa evitar la acumulaciÓn de placas en las arterias, lo que tiene una relaciÓn entre la arterosclerosis y las encÍas. mezclar alcohol con taylenol, podrÍa ser nocivo y podría daÑar su funciÓn renal. quienes mantienen una dieta me regaÑa porque vivir mÁs de 70 aÑos, su calidad de vida podrÍa ser mejor física y mentalmente. los elementos que componen esta dieta ademÁs de ser bajos en calorÍas aporta los nutrientes necesarios a los Órganos mÁs importantes. se caracteriza por un mayor consumo de frutas, verduras, legumbres, aceite de oliva, y pocos carbohidratos. >> regresamos en segundos. ♪ ♪ >> el segundo llega el informe definitivo para est

habeas corpus is being discussed openly all the time now. shutdowns of the press i hope will be discussed openly as a result of this book. an interesting thing that he also tolerated, and that is totally free press during his own election campaign in 1864, and to a certain degree in the elections of 1862. the press was free to say almost anything because he believed the people had a solemn right to choose between candidates even during a war. >> also, i wrote down censorship. how much censorship was there during the civil war? >> tremendous censorship. fear of shutdown and suppression and arrest. that was a floating censorship threat. for reporters in washington to get stories out, they had to use telegraph wires. the government took control of the telegraph and ultimately when edwin standen became secretary of war, he put the telegraph office in a library next to his office and installed a sensor. the committee of the house of representatives had a hearing to find out what was being censored. is it just military information? in this case, t

corpus, we talk about impartial juries. we have bill of rights in england and you have your bill of rights here. these are in direct lineage for magna carta. so the fact that if council comes along and says magna carta is my best authority, that doesn't seem very strong. when you examine the lineage which has come down to us from magna carta, many of the arguments which are well-founded stem originally from the thought process that has developed over the last 800 years. >> ok. well, thank you. i think maybe we'll move along then and talk a little bit about magna carta and it's relation to the development of a constitutional government then, outside of the law i guess in this context, because when i mentioned the library's exhibition i said that a lot of the principles that we focus on are drawn from interpretations of 17th century english jurists. but then people here today will ask us, well you know if you look at it in that context it wasn't talking about a democracy as we know it today. certainly democracy we say as you

corpus, and of course, the theory of limited government. so, what better way than to prepare for tomorrow's opening to sit with chief justice roberts and lord judge to have a conversation about this great document to hear their thoughts on its legacy? so thank you very much, lord judge and chief justice roberts. >> sure. >> now chief justice roberts, as i'm sure most of you know, began his appointment as chief justice of the united states and head of the federal judiciary here in the united states in 2005. lord judge was appointed lord chief justice of england and whales in 2008 and as lord chief justice of england and whales he was head of the judiciary and president of the courts of of england and wales. i should probably mention one other thing that in addition to both of them leading the judiciary in their respective countries, one other item that they have in common is that both are benchers of the honorable society of the middle temple which is one of the four ancient organizations in england that has the privilege of calling their me

habeas corpus is being discussed openly all the time now. lincoln's shutdowns of the press i hope will be discussed openly as a result of this book. i mentioned not only that he tolerated all be shut downs but there was an interesting thing that he also tolerated, and that is totally free press during his own election campaign in 1864, and to a certain degree in the on here -- off year elections of 1862. the press was free to say almost anything because he believed the people had a solemn right to choose between candidates even during a war. >> also, i wrote down censorship. how much censorship was there during the civil war? >> tremendous censorship. there was this fear of shutdown and suppression and arrest. that was a floating censorship threat. but for reporters in washington to get stories out, they had to use telegraph wires. the government took control of the telegraph and ultimately when edwin standen became secretary of war, he put the telegraph office in a library next to his office and installed a censor. the committee of the hous

the power exercise by president lincoln in the writ of habeas corpus gives uneasiness in a class of men who intend to obstruct the government. but the measure was fully sustain bid the people. not surprisingly, all of lincoln's campaigned a vie -- all stress however that lincoln's work is not complete. the war must be won, the union must endure. the nation's future depens on the re-election of lincoln. frapp for example one biographer urges the president be given a chance to continue his work. justice demands a fair trial for his policy and that cannot be had without his re-election for a second term. after all, the writer argues, lincoln's re-election would secure the restore ration of the union by behrendering the most fatal of blows to the hopes of the rebels. theyer warns against changing presidents in a time of war. after all to change our president in the face of the enemy would be as suicidal as to change a competent general on the eve of a battle. lincoln deserves reelection because he has grappled with the greatest crisis in american history and yet has maintained under firm an

habeas corpus is being discussed openly all the time now. lincoln's shutdowns of the press i hope will be discussed openly as a result of this book. i mentioned not only that tea tolerated all be shut downs but there was an interesting thing that he also tolerated, and that is totally free press during his own election campaign in 1864, and to a certain degree in the elections of 1862. the press was free to say almost anything because he believed the people had a solemn right to choose between candidates even during a war. >> also, i wrote down censorship. how much censorship was there during the civil war? >> tremendous censorship. there was this fear of shutdown and suppression and arrest. that was a floating censorship threat. for reporters in washington to get stories out, they had to use telegraph wires. the government took control of the telegraph and ultimately when edwin standen became secretary of war, he put the telegraph office in a library next to his office and installed a censor. the committee of the house of representatives ha

he also says lincoln's suspension of the writ of habeas corpus was unconstitutional and was dismissed. howler went a little bit further. they were having a party at some point, and howler proposed a toast. he said, here's to separate union and confederate countries while lincoln is president. and for that he was dismissed. but he was really saying, once the republicans are out of power, then we'll reunite. which, as we've heard earlier, was wishful thinking. alexander montgomery, a quarter master in pittsburgh, pennsylvania was summarily dismissed from the army in 1863 for saying, quote, president lincoln ought to have his heart cut out for issuing the proclamation of emancipation. in one instance i saw a postal error that led to a dismissal. there was an officer in the 42nd new york infantry named john garland. garland had a friend who was an anglican missionary in china. he wanted to send a letter to his friend. it turned out it took 90 cents to get a letter to shanghai in 1863. the postal employees opened up this letter to see -- there is no return address label on the front, they

corpus to present the body. if the king were detaining you in the tower of london or a governor or anybody who is detaining you, you have to have recourse to a lawyer and to a judge -- >> they filed suit to get her out of new jersey, now that's in maine and again saying i am not contagious. i should be allowed to move. what do you think? >> right, i think common sense would say it makes a different whether or not you're febrile, afebrile or asymptomatic. as the disease goes on, the final, acute stages of ebola, you're incredibly contagious. when you're febrile you're beginning to be contanlious and there is a concern and i think there is aa reasonable public concern saying you shouldn't be going to the kick it cotech, shouldn't be going to the local bar, you shouldn't be going to the local school cafeteria. i think there are reasonable precautions. i think also the federal government should have stepped in before all of this to try to have some travel restrictions on visas and with people returning, and to have

corpus to present the body. if the king were detaining you in the tower of london or a governor or anybody who is detaining you, you have to have recourse to a lawyer and to a judge -- >> they filed suit to get her out of new jersey, now that's in maine and again saying i am not contagious. i should be allowed to move. what do you think? >> right, i think common sense would say it makes a different whether or not you're febrile, afebrile or asymptomatic. >> she doesn't have a fever. >> and as the disease goes on and if you are in the final, acute stages of ebola, you are incredibly contagious, and when you are febrile, you are contagious, and so there is a concern and i think that you should not be going to discotheque or the local bar or the local school cafeteria, and so there are reasonable precautions, and the federal government should have stepped in before all of this to have some travel restrictions and with people with visas returning in a uniform way of returning. and to have a uniform way of accepting

corpus and torture team and that we can spy on our own citizens and do warrantless wear tyapping and investigations and that we can suspend the ancient right to jury trial and that we can confine people, you know, from all over the world, and, you know, i don't think it's good for america. i don't think it's good for our security. when i was a little boy in 1965, my father took me to europe, to france and germany, and to poland and it will italy and many other countries, and everywhere we went, we were met even in the communist countries where the governments tried to hide that we were there, we would still be met by spontaneous crowds, some hundreds of thousands of people would come out on the street waving tiny american flags and cheering for my father as a surrogate for the united states of america. they loved our country. they saw they were starved for our leadership, for our moral authority. they didn't want our bullying and they knew the difference and in latin america and in africa and asia and, my father encountered the same kind of crowds because the idealism about america's

he also says lincoln's suspension of the writ of habeas corpus was unconstitutional and was dismissed. howler went a little bit further. they were having a party at some point, and howler proposed a toast. he said, here's to separate union and confederate countries while lincoln is president. and for that he was dismissed. but he was really saying, once the republicans are out of power, then we'll reunite. which, as we've heard earlier, was wishful thinking. alexander montgomery, a quarter master in pittsburgh, pennsylvania was summarily dismissed from the army in 1863 for saying, quote, president lincoln ought to have his heart cut out for issuing the proclamation of emancipation. in one instance i saw a postal error that led to a dismissal. there was an officer in the 42nd new york infantry named john garland. garland had a friend who was an anglican missionary in china. he wanted to send a letter to his friend. puts 36 cents on the letter. it turned out it took 90 cents to get a letter to shanghai in 1863. the postal employees opened up this letter to see -- there is no return addr

he also said lincoln's writ of habeas corpus was unconstitutional and that was dismissed. howler went a little bit further. they were having a party at some point, and howler proposed a toast. he said, here's to separate union and confederate countries while lincoln is president. and for that he was dismissed. but he was really saying, once the republicans are out of power, then we'll reunite. which, as we've heard earlier, was wishful thinking. alexander montgomery, a quarter master in pittsburgh, pennsylvania was summarily dismissed from the army in 1863 for saying, quote, president lincoln ought to have his heart cut out for issuing the emancipation proclamation. in one instance i saw a postal error that led to a dismissal. there was an officer in the 42nd u.s. infantry named john garland. gore la garland was a missionary in china. he posted a letter for 40 cents. it turned out it took 90 cents to get a letter to shanghai in 1863. there was no return address on the front so they wanted to see who do they send this letter back to. they opened the letter and it was full o

, and so sure that the administration hated him for it, he wondered aloud after the decision in the habeas corpus case whether the president might order his arrest. 1863 and 1864, as union army may greater inroads into the confederacy, his opinions and he himself seemed more and more the relics of a bygone era. it came more and more under criticism. only six years between the issuing of the dred scott decision and the announcement of the emancipation proclamation, america was undergoing a radical transformation. the unionlincoln, and military were enacting and implementing policies making freedom possible. while african-americans were taking matters into their own hands by walking off southern plantations and toward federal military lines, many of those who moved out of slavery, the men anyway, were moving into the union army. 200,000 black men were serving as union soldiers or sailors. warblack's during the civil , military service offered a way to overcome the stamp of inferiority inherent the opinion. i wait to assert they were men and a way to claim equal rights and an equal share of t

corpus case whether the president might order his arrest. throughout 1863 and 1864, as union army may greater inroads -- made greater inroads into the confederacy, his opinions and he himself seemed more and more the relics of a bygone era. it came more and more under criticism. only six years between the issuing of the dred scott decision and the announcement of the emancipation proclamation, america was undergoing a radical transformation. congress, lincoln, and the union military were enacting and implementing policies making freedom possible. while african-americans were taking matters into their own hands by walking off southern plantations and toward federal military lines, many of those who moved out of slavery, the men anyway, were moving into the union army. 200,000 black men were serving as union soldiers or sailors. for blacks during the civil war, military service offered a way to overcome the stamp of ney'siority inherent in ta opinion. a way to assert they were men and a way to claim equal rights and an equal share of the ameri

corpus, emancipation and the draft. those alienate a lot of people who had been otherwise sitting on the fence and they join the anti-war movement. but, nothing like this summer has driven people into the ranks of the copperheads. they are so powerful at the time of this convention that the war democrats are really scrambling to try to hold them off. to try to maintain a more moderate position, but they have to do some things to hold the copperheads at bay to keep them from taking over the entire convention and running over the party as a whole. so, what the democrats do is they name george mcclellan, who they considered a war hero and they thought was incredibly appealing to union soldiers as their presidential nominee. their vice presidential nominee is george pendleton from ohio. he is a committed and well known copperhead. they also put this man on the platform committee. clem ent vallandigham was the most notorious copperhead. a congressman from ohio, from dayton, when the war broke out. he has been gerrymandered o

they've been joined, the ranks have been joined over the course of the war, over issues like habeas corpus, emancipation, and the draft. those alienate a lot of people who had been otherwise sitting on the fence, and they join the anti-war movement. but nothing like this summer has driven people into the ranks of the copperheads. they are so powerful at the time of this convention that the war democrats are really scrambling to try to hold them off. to try to maintain a more moderate position but they have to do some things to hold the copper heads at bay, to keep them from making over the entire convention, and running roughshod over the party as a whole. so what the democrats do is they name george mcclellan, who they considered a war hero, and they fought with incredibly appealing to union soldiers, as their presidential nominee. they're vice presidential nominee is george pendleton from ohio. he is a committed and well known copperhead. they also put this man, on the platform committee. clement vallandigham was the nation's most notorious copperhead. he had been a congressman from ohio

so, tim, if presidents have ignored the constitution and when lincoln suspended habeas corpus during the civil war, why do you libertarians say we ought to be held to this. >> the constitution is a promise about how government power is going to be used. it was a promise by people who had experienced tyranny. the lesson they learned from that was that the most important issue is to wall off government power from our private lives and to make sure that nobody, not elected officials, not a king, not a dictator, no one gets to dictate how we live our lives on a daily basis. the cherokee is a great example. in that case, georgia said it should be left up to officials how property is used in this state. therefore we will pass this law -- >> tyranny of the majority. >> what the founding fathers were doing was trying to make sure that no government of any sort told us how to live our lives. >> there are limits in the document. they're not the ones you say they are. stossel: we're out of time. to join this argument follow me on twitter at my facebook page and post on my wall. we want to know

. >> you mean in protection in6qse courts and habeas corpus and getting them released from prison. my concern is if they are now going to be covered by the civilian criminal court laws, then americans are in more jeopardy, at least in cuba and gitmo, it's not a place where we have to worry about them necessarily coming -- or, you know, bein*@á dropped(9n off local bus stop in chicago. >> and there's also going to be a group there that the onlyto(2 derogatory information on them and from classified sources. this has been known from the begin. they're not going to make that public, won't take that what would you charge them with into civilian court? this is one of the problems from the beginning of this. the obama administration seems almost obsessed. the supreme cou(sj taking up a case for somebody facing 208z years in federal prison for dumping three fish over the side of his boat. a u.s. citizen. they are obsessed with the gitmo detainees who have been there for a while, but not as long as the person throwing fish over the boat. s it idea lolg. >> what concerns about this guy w

you know, presidents, even lincoln when he suspended habeas corpus, was very disturbed by it. he said i don't want to have to do this. i'm in the middle of a war, i took an oath to defend the constitution. we can hardly say granting amnesty to 5 million more people that he promised he would do before the election and 20 times prior to that said he did not have the authority to do, suddenly today is a great, bold act. it's an act that's going to blow up the government, blow up washington, a blow up the democratic party. >> then why is he doing it? >> because he is an incredible narcissist, as i have said. he believes that it's all about him. he wants to divide the country. you know, i wrote this in 2012, it was going to be scorched earth to get reelected and he would campaign that way. we talked about that election night then and lebs night with you this year answered told you he would do the same thing. >> in so doing he's going to poison the proverbial well for the next two years, nothing is going to get done. maybe he figures it's not important that anything get done. >> mor

freedom under the law, ragged election, habeas corpus, jury trials. these things on the financial condition of an advanced society. they are presents overwhelmingly developed in the language in which you are listening to these words. and to think to see how exceptional they are, imagine that history had ended carefully. let me take you back to augus august 1941, the day when franklin was not made the longest walk of his presidency. up until that moment in a way that is unimaginable today, the media had contrived to hide the fact the president of polio from the country. every photograph showed fdr seated or standing unaided. on that occasion invited by winston churchill to join him on the decks of hms prince of wales, roosevelt was determined literally to rise to the matter. supported by his son on one side, by a naval officer on the other, leaning heavily on his cane he made his slow way across the deck as the band struck up. what happened next was the most vivid imaginable demonstration of what defines the english speaking people together. it happene

. >> you mean in protection in6qse courts and habeas corpus and getting them released from prison. my concern is if they are now going to be covered by the civilian criminal court laws, then americans are in more jeopardy, at least in cuba and gitmo, it's not a place where we have to worry about them necessarily coming -- or, you know, bein*@á dropped(9n off local bus stop in chicago. >> and there's also going to be a group there that the onlyto(2 derogatory information on them and from classified sources. this has been known from the begin. they're not going to make that public, won't take that what would you charge them with into civilian court? this is one of the problems from the beginning of this. the obama administration seems almost obsessed. the supreme courb(sj taking up a case for somebody facing 208z years in federal prison for dumping three fish over the side of his boat. a u.s. citizen. they are obsessed with the gitmo detainees who have been there for a while, but not as long as the person throwing fish over the boat. s it idea lolg. >> what concerns about this guy

the davis administration in posing policies within the confederacy like habeas corpus had lot of site of the core principal of the southern revolution. namely state sovereignty and the final premises is that neither side north or south had the will to keep battering each other indefinitely. these democrats accused lincoln of tyranny and called for an end toft war and seemed to ak wiess in the cessation itself. they found a barometer of northern opinion and developed in the development of peace societies such as the knights and the golden circle in the northwest. working on the premises, stevens and his allies argued that the confederate administration should make it overt policy of building up and strengthening the northern copper heads and they should do so by making frequent proposals to the north. those proposals they reckon would expose to the war-weary northern public his unwillingness to treat the south. he would reject this and show he was unwilling to negotiate. this would strengthen the hand of the northern democrat who is presumably were willing to negotiate for peace. they

because of the values freedom democracy free speech, habeas corpus, all the ideals that he would usually and romantically believed had a flowered and prospered in some unique way in that vast community of what he called the english-speaking peoples. now, you can quibble with his analysis of the unique merits of those ideals, but the french might have a word or two to say about liberty, for instance. what you cannot deny, what you should certainly agree thoud certainly it's not even accepted around the table. even lottery players style. if it had not been for his bravery and his obstinacy it is all too likely that democracy and pluralism would not exist in britain and much of europe today. and i will give you one final example of the power. authenticated. it happened one evening. she came down and was going for her bus. she spotted something lying in the gutter. it's a top-secret. she quickly reached down, picked it up, showed it to her son. he realized it was incredibly important. he went back. by the time he got their it was late at night. and then was treated by the people and tell he

corpus, had lost sight of the core principle of the southern revolution, namely state sovereignty. and the final premise was that neither side, north or south, had the will to keep battering each other indefinitely. this camp, this peace camp, drew encouragement in the spring of 1864 from some intemperate congressional speeches in the u.s. congress by northern peace democrats such as alexander long of ohio and benjamin harris of maryland. these democrats accused lincoln of tyranny. they called for an end to the war. and in so doing they seemed to acquiesce in the doctrine of secession itself. working on these premises, stevens and his allies argued that the confederate administration should make an overt policy of building up and strengthening the northern copperheads and that they should do so by making frequent peace proposals to the north. those proposals, stevens and his ilk reckoned, would expose to the war-weary northern public lincoln's unwillingness to street the south. he would reject such proposals out of hand and this would show that he was unwilling to negotiate. this w