Suspension during the Civil War Habeas corpus in the United States

1 suspension during civil war

1.1 presidential suspension of habeas corpus
1.2 congressional suspension of habeas corpus
1.3 in confederacy

suspension during civil war
presidential suspension of habeas corpus

on april 27, 1861, right of habeas corpus unilaterally suspended president abraham lincoln in maryland during american civil war. lincoln had received word anti-war maryland officials intended destroy railroad tracks between annapolis , philadelphia, vital supply line army preparing fight south. (indeed, after, maryland legislature simultaneously vote stay in union , close these rail lines, in apparent effort prevent war between northern , southern neighbors.) lincoln did not issue sweeping order; applied maryland route. lincoln chose suspend writ on proposal bombard baltimore, favored general-in-chief winfield scott. lincoln motivated requests generals set military courts rein in political opponents, copperheads, or peace democrats, named because did not want resort war force southern states union, intimidate in union supported confederate cause. congress not yet in session consider suspension of writs; however, when came session failed pass bill favored lincoln sanction suspensions. during period 1 sitting u.s. congressman opposing party, mayor, police chief, entire board of police, , city council of baltimore arrested without charge , imprisoned indefinitely without trial.

lincoln s action rapidly challenged in court , overturned u.s. circuit court of appeals in maryland (led chief justice of supreme court, roger b. taney) in ex parte merryman. chief justice taney ruled suspension unconstitutional, stating congress suspend habeas corpus. lincoln , attorney general edward bates not ignored chief justice s order, when lincoln s dismissal of ruling criticized in editorial prominent baltimore newspaper editor frank key howard, had editor arrested federal troops without charge or trial. ironically, troops imprisoned howard, francis scott key s grandson, in fort mchenry, which, noted, same fort star spangled banner had been waving o er land of free in grandfather s song. (in 1863, howard wrote experience political prisoner @ fort mchenry in book fourteen months in american bastille; 2 of publishers selling book arrested.)

when congress convened in july 1861 failed support lincoln s unilateral suspension of habeas corpus. joint resolution introduced senate approve of president s suspension of writ of habeas corpus, filibustering senate democrats, did not support it, , opposition imprecise wording sen. lyman trumbull prevented vote on resolution before end of first session, , resolution not taken again. sen. trumbull himself introduced bill suspend habeas corpus, failed on getting vote before end of first session.

shortly thereafter, on september 17, 1861, day maryland legislature reconvene, lincoln imprisoned 1 third of members of maryland general assembly without charges or hearings in further defiance of chief justice s ruling. thus, legislative session had cancelled.

on february 14, 1862, war firmly in progress , lincoln ordered prisoners released, putting end court challenges time being. again suspended habeas corpus on own authority in september same year, however, in response resistance calling of militia.

congressional suspension of habeas corpus

when congress met again in december 1862, house of representatives passed bill indemnifying president suspension of habeas corpus. senate amended bill, , compromise reported out of conference committee altered remove indemnity , suspend habeas corpus on congress s own authority. bill, habeas corpus suspension act, signed law march 3, 1863. lincoln exercised powers under in september, suspending habeas corpus throughout union in case involving prisoners of war, spies, traitors, or military personnel, suspension of habeas corpus remained in effect until andrew johnson revoked on december 1, 1865.

general ambrose e. burnside had former-congressman clement vallandigham arrested in may 1863 continuing express sympathy confederate cause after having been warned cease doing so. vallandigham tried military tribunal , sentenced 2 years in military prison. lincoln commuted sentence banishment confederacy. vallandigham appealed sentence, arguing enrollment act did not authorize trial military tribunal rather in ordinary civilian courts, not ordinarily subject court martial, , gen. burnside not expand jurisdiction of military courts on own authority. supreme court did not address substance of vallandigham s appeal, instead denying possessed jurisdiction review proceedings of military tribunals without explicit congressional authorization.

in 1864, lambdin p. milligan , 4 others accused of planning steal union weapons , invade union prisoner-of-war camps , sentenced hang military court. however, execution not set until may 1865, able argue case after war ended. in ex parte milligan (1866) u.s. supreme court decided congress s 1863 suspension of writ did not empower president try convict citizens before military tribunals civil courts open , operational. 1 of key supreme court cases of american civil war dealt wartime civil liberties , martial law.

in confederacy

in confederacy, jefferson davis suspended habeas corpus , imposed martial law. in part maintain order , spur industrial growth in south compensate economic loss inflicted secession.