Simone Lawson
Abraham Lincoln's conduct during the Civil War has been the subject of much debate among historians and constitutional scholars. Some argue that Lincoln acted within the bounds of the Constitution, while others accuse him of exceeding his presidential powers and acting like a dictator. Lincoln took several controversial actions during the war, including suspending habeas corpus, interfering with elections, closing down newspapers, and spending tax dollars without specific legislative authorization. These actions have sparked discussions about the extent of presidential power during times of emergency and whether Lincoln's actions were justified by the unprecedented crisis of the Civil War.
| Characteristics | Values |
|---|---|
| Acting as the government of the United States for 11 weeks | Lincoln was the government of the United States for 11 weeks at the beginning of the Civil War, without calling Congress back into session |
| Spending tax dollars without legislative authorization | Lincoln spent tax dollars on raising, provisioning, and deploying troops without specific legislative authorization |
| Blockading Southern ports | Lincoln's blockade of Southern ports was widely understood to be the sole province of Congress |
| Suspending habeas corpus | Lincoln suspended the writ of habeas corpus, which protects citizens from arrest and detention without trial |
| Passing legislation to confiscate property from rebels and sympathizers | Lincoln signed the Confiscation Acts of 1861 and 1862, permitting the confiscation of property belonging to rebels and rebel sympathizers |
| Emancipation of Southern slaves | Lincoln decreed the emancipation of the South's slaves, which remained unpopular with many Northerners |
| Suppressing free speech | Lincoln's actions included suppressing free speech, such as interfering with elections and closing down newspapers |
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What You'll Learn
Suspension of habeas corpus
The suspension of habeas corpus was one of Abraham Lincoln's most controversial decisions during the American Civil War. The doctrine of habeas corpus is the right of any person under arrest to appear in person before the court to ensure they have not been falsely accused. The US Constitution specifically protects this right in Article I, Section 9: "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it."
In April 1861, Lincoln authorized his military commanders to suspend the writ of habeas corpus between Washington, D.C., and Philadelphia (and later up through New York City) due to the threat of Confederate troops advancing on Washington, D.C. The suspension was also used to try large numbers of civilian rioters in military courts. In February 1862, Lincoln ordered the release of all political prisoners, with some exceptions, and offered them amnesty for past treason or disloyalty, as long as they did not aid the Confederacy.
In the summer of 1862, Lincoln called up the state militias, leading to increased opposition to the Civil War within the Union. By General Orders No. 141, dated September 25, 1862, Lincoln subjected protestors to martial law and the suspension of habeas corpus. In the spring of 1863, General Ambrose Burnside arrested Peace Democrat Clement Vallandigham, who had been critical of the US government, and banned publication of the Chicago Times, which was supportive of Vallandigham. Burnside’s actions drew widespread criticism, to which Lincoln responded by reducing Vallandigham’s sentence and revoking Burnside’s order suppressing the Times.
Lincoln defended himself against charges that his administration had subverted the Constitution, arguing that acts that might be illegal in peacetime might be necessary "in cases of rebellion" when the nation’s survival was at stake. In December 1862, the House of Representatives introduced an indemnity bill, releasing the president and his subordinates from any liability for having suspended habeas corpus without congressional approval. The bill was amended by the Senate, and the final version authorized the president to suspend the right of habeas corpus and provided for the release of political prisoners. Lincoln signed the Habeas Corpus Suspension Act into law on March 3, 1863, and suspended habeas corpus under the authority it granted him six months later.
The suspension of habeas corpus was one of several instances where Lincoln acted extra-constitutionally during the Civil War. In July 1861, Lincoln reconvened Congress and formally invited its review and authorization for his solo acts as a wartime president. Lincoln also spent tax dollars that had not been appropriated to raise, provision, and deploy troops without specific legislative authorization.
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Spending tax dollars without authorization
Abraham Lincoln is considered by some to be the most compelling president for constitutional law and history students because he forces us to grapple with some of the most fundamental and significant questions of constitutional law. Lincoln's actions during the Civil War led to debates about whether he acted within the confines of the Constitution.
Lincoln was the government of the United States for 11 weeks at the beginning of the Civil War, during which he did not call Congress back into session. He spent tax dollars without specific legislative authorization to raise, provision, and deploy troops. He also blockaded Southern ports, an act widely understood to be the sole province of Congress.
Lincoln's supporters argue that he was operating according to the "prerogative," described by John Locke as the power of the executive "to act according to discretion for the public good, without the prescription of the law and sometimes even against it." Lincoln himself argued that the Constitution invests its commander-in-chief with the law of war in times of war. He also cited his presidential oath to "preserve, protect, and defend the Constitution of the United States," and that each step he took was in the interest of preserving the nation and, by extension, the Constitution.
Lincoln's actions during the Civil War have been described as a constitutional dictatorship, with some critics and supporters arguing that he acted as a dictator. Lincoln's defenders, however, contend that nearly all of his actions were permissible under the Constitution, and when he did infringe, his trespasses were not egregious.
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Blockading Southern ports
Abraham Lincoln's decision to blockade Southern ports during the Civil War was a significant act that had far-reaching consequences for the Confederacy. This move was seen as an extra-constitutional exercise of power, as blockading ports was widely understood to be the sole province of Congress. Lincoln's order, signed in April 1861, was a response to the Confederate attack on Fort Sumter, which marked the beginning of the Civil War. The blockade aimed to prevent the Confederacy from exporting economically vital cotton or importing critical supplies.
Lincoln's administration recognised the importance of cotton diplomacy to the South. The Confederate cotton industry believed that many domestic and international markets were heavily dependent on their cotton, and so they refused to export it for a day, expecting pleas for their product. However, this backfired, and Lincoln's decision to blockade Southern ports further isolated the Confederacy.
The Union blockade was a powerful strategy that eventually crippled the Southern economy. While some ships managed to evade the blockade, most freighters had no reasonable hope of doing so and stopped calling at Southern ports. This interdiction of coastal traffic forced the Confederacy to rely on their railroad system, which struggled to overcome the blockade's impact. Although the South produced enough food for civilians and soldiers, they faced growing difficulties in distributing surpluses to areas experiencing scarcity and famine.
The blockade also had international ramifications. Foreign governments, particularly Great Britain, were displeased by what they perceived as violations of international law. British officials objected to the treatment of crews from seized ships and the seizure of British mail. However, Britain maintained its neutrality in the Civil War, and Prime Minister Viscount Palmerston did not intervene on behalf of the Confederacy, despite his personal sympathies. The Union's decision to release captured British sailors and apply international law in the conflict helped maintain this neutrality.
Lincoln's decision to blockade Southern ports without explicit congressional authorisation set a precedent for executive power during times of war. While Lincoln later invited congressional review and authorisation for his solo acts as a wartime president, his initial extra-constitutional actions, including the blockade, shaped the role of the president in times of crisis.
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Authoring the Emancipation Proclamation
Abraham Lincoln's Emancipation Proclamation was a pivotal moment in the long process of ending legal slavery in the United States. Lincoln, a vocal opponent of slavery, was pressured by abolitionists and radical Republicans to issue the proclamation almost from the beginning of his administration. However, he felt restricted by his constitutional authority as president to challenge slavery only in the context of necessary wartime measures.
Lincoln believed that the Constitution gave him the authority to act as commander-in-chief during the war and to execute the laws faithfully. He also believed that the means appropriate for an emergency, such as war, were not suitable for peaceful times. Lincoln's supporters argued that he was operating according to the "prerogative," described by John Locke as the power of the executive "to act according to discretion for the public good, without the prescription of law and sometimes even against it."
Lincoln's preliminary draft of the Emancipation Proclamation was read to his cabinet on July 22, 1862. In addition to reiterating his support for gradual emancipation in the loyal states, the draft proclamation declared that as of January 1, 1863, "all persons held as slaves within any State or designated part of a State, the people whereof shall then be in rebellion against the United States shall be then, thenceforward, and forever free." This proclamation went further than the Confiscation Acts, which only freed the slaves of individual owners who demonstrated disloyalty.
Lincoln's actions during the Civil War, including the Emancipation Proclamation, have been the subject of much debate, with some scholars arguing that he ""shredded" the Constitution and acted as a dictator. Lincoln suspended the writ of habeas corpus, signed legislation permitting the confiscation of property belonging to rebels and rebel sympathizers, and his armies interfered with elections, silenced and imprisoned dissenters, and closed down newspapers. However, others argue that Lincoln's actions were permissible under the Constitution and that he only infringed slightly, if at all.
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Interfering with elections
Abraham Lincoln's actions during the Civil War have been the subject of much debate among historians and constitutional scholars. Some argue that he acted within the boundaries of the Constitution, while others accuse him of exceeding his presidential powers and acting like a dictator. One of the accusations levelled against Lincoln is that he interfered with elections.
During the Civil War, Lincoln's administration took several controversial measures, including interfering with elections. Lincoln's actions during this period were driven by his belief in the preservation of the Union and the need to take emergency measures during a time of war. He argued that the means appropriate for an emergency are not suitable for normal times, likening it to a sick man needing medicine.
Lincoln's actions regarding elections specifically included interfering with the electoral process. The details of how he interfered are not readily available, but the accusation suggests that he may have influenced the outcome of elections or prevented them from occurring fairly and freely. This interference is considered a violation of the democratic process and an overreach of his presidential powers.
Lincoln's supporters, however, argue that he was operating within the "prerogative," a concept described by John Locke, which grants the executive the power to act with discretion for the public good, even if it goes against the law. They also contend that Lincoln's actions were necessary to preserve the nation and, by extension, the Constitution itself.
While the specific context and motivations behind Lincoln's interference with elections remain unclear, it is evident that this action contributed to the perception of him acting extra-constitutionally during the Civil War. The debate surrounding Lincoln's actions continues to be a subject of scholarly discussion and interpretation.
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Frequently asked questions
Abraham Lincoln's conduct during the Civil War has been the subject of much debate. Some scholars argue that Lincoln's actions amounted to a "shredding" of the Constitution, while others claim that his actions were permissible under the Constitution or were at least not egregious.
Lincoln suspended the writ of habeas corpus, which protects citizens from arrest and detention without trial. He also signed the Confiscation Acts of 1861 and 1862, which allowed the confiscation of property belonging to rebels and sympathizers, and his armies interfered with elections, silenced dissenters, and closed down newspapers.
Lincoln argued that the Constitution invests its commander-in-chief with the law of war in times of war. He also believed that the means appropriate for an emergency are not appropriate for normal times, and that his actions were in the public good.
Lincoln's preliminary Emancipation Proclamation of July 22, 1862, declared that as of January 1, 1863, "all persons held as slaves...wherein the constitutional authority of the United States shall not be recognized...shall be free." While Lincoln personally abhorred slavery, he felt confined by his constitutional authority as president to challenge slavery only in the context of necessary war measures.
Congress reconvened in July 1861 and Lincoln invited its review and authorization for his solo acts as a wartime president. He then had to contend with a legislative Committee on the Conduct of the War and lobby Congress to constitutionalize emancipation by passing the 13th Amendment.
