Prisoner of State
Lise Dupont McLain
by Lise Dupont McLain
anyone believe that a "coup d'état" has already taken place here
in the United States? Yes, indeed, such an event did happen during
the War Between the States as described by Dennis A. Mahony, Editor
of the Dubuque Herald in Iowa, in his book called Prisoner
of State which was originally published in 1863, and reprinted
by the Crownrights Book Co whereby the Lincoln regime used arbitrary
powers to falsely arrest innocent citizens for just voicing an opinion
against Lincoln's policies.
necessity" was the pretext utilized by Lincoln and his gang to exercise
certain powers and to arrest those citizens, who dared to disagree
by verbal and/or written communication with Lincoln's manifestation
of hostilities and usurpation of the Constitution of the United
States. Those, who continued to have an allegiance to the Constitutional
government and expressed such, were falsely arrested without ever
knowing the nature and cause of their arrest. When asked for proof
regarding committing any crimes against the United States, none
was given for the most part, and when they were eventually discharged
months or even years later, it was still unknown to them what crime
they had committed.
was Mr. Mahony's contention that the abolitionists, who were Republicans,
sought to change the system of constitutional government in the
United States. The Constitution was established as a compact between
the States and the people whereby a newly formed government would
be given enumerated powers, and the seat of government would be
situated in the District of Columbia. Lincoln's use of arbitrary
powers was a blatant violation of the Constitution of the United
States, and since his presidential position is derived by this constitution,
then he must abide by those certain powers as given in Article 1,
the Lincoln administration seized forbidden powers and exercised
such powers, then what kind of government existed during the War
Between the States? Those, who resisted the unlawful acquisition
of powers by the Lincoln regime, were unduly arrested for such expressions.
the Bill of Rights, Amendment I, it says: "Congress shall make no
law respecting an establishment of religion, or prohibiting the
free exercise thereof; or abridging the FREEDOM OF SPEECH, OR OF
THE PRESS; or the right of the people peaceably TO ASSEMBLE, and
to petition the Government for a redress of grievances." Mr. Mahony,
Editor of the Dubuque Herald in Iowa, simply pointed out the Executive
branch usurpation of the Constitution in his newspaper, and he was
subsequently arrested on August 14, 1862 because it was construed
by the administration that he was "disloyal" to the government.
Whatever happened to "freedom of speech and freedom of the press"?
was between 3 and 4 a.m. that Mrs. Mahony heard a rapping on the
door, and a Mr. Gregory announced that he needed to speak to Mr.
Mahony at his place of business. She told the gentlemen that her
husband was asleep, but this did not satisfy Mr. Gregory. By this
time, Mr. Mahony had awakened by the loud noises, and went to the
window to see who was at the door. He made similar inquiries as
his wife, and finally informed Mr. Gregory that he could not assist
him at this hour, and as a matter of fact, he should conduct business
with his clerk. When Mr. Gregory persisted in his demands, Mr. Mahony
began to get suspicious, since he had received several death threats
prior to this invasion. He simply told Mr. Gregory that he would
not leave his home at this hour. With this response, Mr. Gregory
sent a signal to his men by whistling, and, in turn, Mr. Mahony
shouted "murder" in order to draw attention to his dilemma. The
soldiers threatened to shoot him, if he did not quiet down, and
as soon as he saw the Marshal and his deputy, he felt relieved of
his problem because he knew both of these men.
asked by what authority his home was invaded, the Marshal replied
by the order of the Secretary of War. Mr. Mahony then asked the
Marshal for a "pledge of honor" to take him to see Governor Kirkwood,
since he was a personal friend, even though he was a political adversary.
He further stated that he would surrender to the Marshal, if this
desire was fulfilled, only to learn later that this arrangement
would never happen. Over the course of a few days, he finally arrived
at the Old Capitol Prison in Washington, D.C.
above-mentioned in the Bill of Rights, Amendment I, Congress cannot
make a law suppressing freedom of speech and of the press, and most
certainly the Executive branch of government cannot do so either.
There is no such authority in the Constitution for the president
of the United States and his subordinates to falsely arrest someone
on the basis of an opinion.
powers granted to Congress are listed in Article 1, Section 8 of
the Constitution of the United States, and according to Mr. Mahony,
he listed the "grasp of powers" by the Executive branch during the
War Between the States, and mentioned such in his newspaper in order
to inform the people. He stated that the president (1) suspended
commerce between the North and the South and blockaded certain Ports
of Entry where commerce was involved (no ports of any States shall
have preference over another), (2) abolished certain post offices
and roads, (3) punished crimes of piracy and felonies, (4) declared
war against the South, (5) raised an army and for longer periods
of time beyond the two year limit, (6) ordered ships to be built
for war purposes, (7) suspended the Writ of Habeas Corpus of which
Chief Justice Taney informed him that only Congress has this power
during times of rebellion or war but Lincoln simply ignored him,
(8) has drawn money from the Treasury of the United States of which
appropriations were not made by law (only Congress, the legislative
branch, makes law for the United States), (9) created a huge debt
to support this unlawful war, etc., and whereby only Congress has
such powers as above-mentioned.
Mr. Mahony also states that the Lincoln administration usurped the
fourth amendment which basically says that the people shall not
be deprived of their security of "persons, papers, and effects against
any unreasonable searches and seizures," and this was blatantly
violated by the numerous false arrests of innocent citizens including
their private papers and more which were confiscated by the Marshals
and his deputies. Mr. Mahony was a victim of such vehement usurpation
of powers by Lincoln and his subordinates, and he was considered
the "enemy" of the administration.
administration also violated the fifth amendment whereby a person
cannot be made to answer an infamous crime unless presented by an
indictment by the grand jury, and for the most part, the arrests
that took place in the respective States were accomplished by surprise
visits by the Marshal and his deputies in the middle of the night
or the very early morning hours, and no presentments were given.
This is a clear indication of despotism by government officials.
The prisoners were simply deprived of their liberties, due process
of law, and all of this was executed without any authority whatsoever
in the Constitution of the United States.
sixth amendment speaks of the right of each individual to a speedy
and public trial to be confronted by witnesses against him and to
also obtain witnesses in his favor, have a trial by an impartial
jury in the State in which the crime was committed, to be informed
of the nature and cause of the crime, and to have assistance of
counsel. In most of the cases involved in false arrests and in Mr.
Mahony's case, he was deprived of all of the above. He was kidnapped
from his home and his State of Iowa, and transported miles upon
miles away to the Old Capitol Prison in Washington, D.C. without
ever knowing what crime he had supposedly committed.
prisoners were brought in front of a military tribunal which was
conducted by Judge Advocate J.C. Turner, and which is unlawful regarding
a private citizen. These tribunals are specifically designed to
find the prisoners guilty as charged, and the winner in these military
tribunals is the national government with no exceptions.
prisoners were released over time for the most part, it was because
they were asked to sign a document which implied "disloyalty" towards
the new regime, sought allegiance to the present government, and
they would be forbidden to bring any charges against those who unlawfully
arrested and confined them. Those confined, who refused to sign
such documents, were returned to prison.
attempting on several occasions to obtain his release by writing
numerous letters to the administration and having several prominent
people advocate for his freedom, he was finally discharged on November
11, 1862 only after agreeing to sign a document stating that he
would form an allegiance to the United States, and would not bring
any charges against those who had arrested and confined him. He
and several others signed the documents which included Judge Mulkey
of Cairo, Illinois, Judge Andrew D. Duff of Benton, Illinois, &
David Sheward of Fairfield, Iowa.
in all, under martial law in the United States during the War Between
the States, no one was immune to arrest as people from all walks
of life were falsely arrested and confined for only stating an opinion
and objecting to Lincoln's regime in his usurpation of powers. Even
Dr. Ellis from New York, who was the Medical Director in the Federal
Army, was arrested because of certain jealousies from particular
army officials. Dr. Ellis was appalled at the lack of treatment
of the wounded soldiers so he made arrangements to have their needs
accommodated, and this, of course, got him into a heap of trouble.
As you can see, no one was safe. If you took the risk of objecting
to the overthrow of the Constitution of the United States, then
there were dire consequences for such actions.
Dupont McLain [send her mail],
born in Quebec City, Canada, and an American Citizen from Gilead,
Maine, a former clinician, has a Bachelor's degree from the University
of Maine, a Master's degree from the University of New England,
and two years of Post-Graduate training at the Center for the Awareness
© 2004 LewRockwell.com