Restricted free speech.
Restricted free speech.
Abraham Lincoln
He accused Democrats of trying to spread slavery across the nation.
Jefferson Davis
Actually, several. Perhaps the most noticed was the right in the US Constitution of Habeas Corpus- the right to demand that when accused of a crime you be taken before a judge and tried for the crime. During the Civil War, that right was suspended. You could be arrested, and held in prison without trial.
If the accused died during the investigation phase, it would not necessarily halt the investigation until it was proven that the accused acted alone in their crime. If the accused died during trial, it would end the trial.
It didn't come from a speech but the preamble of the constitution. It has been used in speeches through out our history. Lincoln used it in the Gettysburg address.
The United States Constitution affords the criminally accused the right to trial by jury. During pretrial motions the accused may be offered a plea bargain or court adjudication rather than conviction. In this case the defendant waives their right to trial and the case closes.
In defense of lawsuits and other challenges to President Lincoln's authority to suspend any part of the US Constitution, his counsel stated that the US president, the Constitution contemplated and tacitly provided that the president should be a dictator and that all or any parts of the US Constitution can be suspended if a president believed the nation was in great danger. On this premise, Lincoln, for all practical purposes believed that his authority as a dictator was proper under the Constitution.The US Supreme Court in a 5 to 4 decision said that Lincoln's actions were in a manner of speaking "OK". The Court did so on narrow grounds and made no attempt to justify Lincoln's idea that allowed a president to make unconstitutional acts constitutional. However, when a president was acting as commander in chief, a president in the actions required to end an insurrection, any president could decide on his own had wide sweeping authority. Historians say that President Lincoln understood that any of his "decrees" could be subverted, and kept a careful eye on his subordinates as they enforced his decrees, trying at all times to assure the Congress, the nation and himself, that his suspensions of various constitutional were not abusive. As it was, keeping tabs on the actions of subordinates was difficult and any number of persons were falsely accused of spying, or committing other acts that they never committed. Abuses did happen,
absente reo
Lincoln
They didn't. Most people who were accused of witchcrafter were wrongly accused & convicted.