Omar Bennett
The American Civil War saw a significant expansion of federal authority, with Lincoln's administration restricting civil liberties, including freedom of speech and the press. Lincoln justified these actions under the president's war powers, arguing that the survival of the nation took precedence over the First Amendment. The conflict also led to the emancipation of slaves, with the national government assuming powers that Americans would have been unlikely to grant pre-war. The post-war period saw the passage of Civil Rights Acts to extend the rights of emancipated slaves and combat groups like the Ku Klux Klan.
| Characteristics | Values |
|---|---|
| Constitutional authority | Article I, Section 9 permits the suspension of the writ of habeas corpus during cases of rebellion or invasion |
| Constitutional liberties | Restricted during the Civil War, including freedom of speech and freedom of the press |
| Civil liberties | Lincoln argued that the survival of the nation took precedence over protections found in the First Amendment |
| Emancipation | Lincoln's decision to issue the Emancipation Proclamation represented a significant shift in authority on slavery |
| Civil Rights Acts | Passed following the Civil War to extend rights of emancipated slaves, prohibit discrimination, and fight violence against freed populations |
| Black Codes | Passed in 1865 and 1866 by southern states to restrict the freedom of Blacks, leading to military rule and the 14th Amendment |
| Segregation | Legalized by Plessy vs. Ferguson in 1896, which allowed for separation of services, facilities, etc. along racial lines as long as quality was equal |
| Federalism | The Civil War compelled changes in American federalism, strengthening the national government at the expense of states' rights |
| Arrests and censorship | Lincoln authorized thousands of arrests, including of critics of his administration, and censored telegraph dispatches to and from Washington |
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What You'll Learn
Lincoln's suspension of habeas corpus
The suspension of habeas corpus was one of President Abraham Lincoln's most controversial decisions during the American Civil War. The writ of habeas corpus is a legal tool that prevents the government from imprisoning individuals without judicial process, and the US Constitution specifically protects this right in Article I, Section 9.
In April 1861, Lincoln authorised his military commanders to suspend the writ of habeas corpus between Washington, D.C., and Philadelphia (and later New York City) due to the threat of rioters in Baltimore, Maryland, disrupting the reinforcement of the capital. This was in response to the outbreak of the Civil War, which had left Washington, D.C., largely undefended, and Congress was not in session at the time.
In 1862, Lincoln took a step back from the suspension of habeas corpus controversy. He ordered the release of political prisoners, offering them amnesty for past treason or disloyalty as long as they did not aid the Confederacy. However, in September of the same year, he again suspended habeas corpus throughout the country, subjecting protestors to martial law. This was due to increased opposition to the Civil War within the Union and his calling up of state militias.
Lincoln's decision to suspend habeas corpus was part of a broader pattern of restrictions on civil liberties during the Civil War. He supported restrictions on free speech and freedom of the press, including censorship of telegraph dispatches and suppression of newspapers that published battle plans or disseminated military information to Confederate sympathizers. While Lincoln's actions were criticised by his political opponents, historians have generally absolved him of charges that he restricted civil liberties for political gain. The debate around the constitutionality of Lincoln's actions during the Civil War continues among scholars.
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Censorship of the press
The American Civil War saw a significant shift in federal authority, with the national government assuming powers that Americans would not have granted it before the conflict. This shift in authority also led to restrictions on constitutional liberties, including freedom of speech and freedom of the press.
During the Civil War, President Abraham Lincoln and his administration supported restrictions on the press and free speech. Lincoln justified these restrictions based on the president's war powers under the Constitution. He argued that the survival of the nation took precedence over protections found in the First Amendment and other constitutional provisions. The Supreme Court did not address the application of the First Amendment until nearly half a century after the war, so there were no clear restrictions on Lincoln's actions at the time.
Both Union and Confederate governments and armies restricted reporting and closed newspapers, causing tension with the press. The demand for newspapers in both the North and South soared during the war, as almost everyone knew someone who was fighting. The Union took measures to prevent newspapers from publishing battle plans and to keep Confederate sympathizers from aiding the enemy by disseminating military information or discouraging enlistments.
In May 1864, Lincoln ordered the arrest of the editors of the New York World and the seizure of their offices after two reporters ran a bogus proclamation, purportedly signed by him, for a national day of fasting and a massive increase in the number of draftees. Lincoln later rescinded the order when it became clear that the reporters had forged the proclamation to influence the price of gold rather than to assist the enemy.
The development of telegraph lines in the 1850s allowed reporters on the battlefield to provide near-contemporaneous accounts of strategies and troop movements. As the Civil War began in April 1861, the Lincoln administration censored telegraph dispatches to and from Washington. In early 1862, the War Department took over the procedures for censorship, with the Post Office taking orders from the War Department regarding newspaper censorship. Postmaster General Blair ordered all postal business to be halted in the Confederate states, excluding the western region of Virginia due to its support for the Union. He also devalued all current stamps after learning that the Confederacy was selling them to fund their war effort.
Many Americans were prepared for censorship if free speech undermined preserving the Union. Self-censorship was far more important than official suppression of free speech, as spontaneous popular pressure curtailed freedom of expression. Later in the conflict, there was an urgent need to fill the ranks, leading to official censorship of any words that might discourage volunteering, which conflicted with freedom of religion, speech, and the press.
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Arrests of critics
During the American Civil War, President Abraham Lincoln suspended habeas corpus and arrested critics of the war, including anti-war protesters and politicians. Lincoln's actions were controversial, and Chief Justice Roger B. Taney and other jurists held that only Congress had the power to suspend habeas corpus. However, Lincoln defended his position and continued to make arrests. Federal agents imprisoned several prominent politicians, including the mayors of Baltimore and Washington, D.C., Congressman Henry May, and former Kentucky governor Charles S. Morehead. Many Northern newspaper editors were also arrested, including Baltimore newspaper editor Frank Key Howard, who was imprisoned after he criticized Lincoln in an editorial for ignoring Taney's ruling on habeas corpus.
Lincoln's suspension of habeas corpus allowed the federal government to detain suspects without regular hearings and try civilians using military commissions. While federal officials typically held suspects for only short periods, they did so without following standard legal procedures. The exact number of people arrested for anti-war protests during the Civil War is unknown, but estimates range from 13,000 to 38,000.
In addition to the arrests made by Lincoln's administration, the Confederacy also arrested and imprisoned those suspected of loyalty to the Union. During a Unionist secession attempt in East Tennessee, the Confederacy suppressed the movement and arrested over 3,000 men, holding them without trial.
The Civil War was a period of intense political division and suppression of dissent, with both sides employing controversial measures to detain and silence their critics.
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Lincoln's expansion of executive power
The American Civil War saw an expansion of federal power, which was closely associated with an expansion of executive power. Abraham Lincoln's construction of the executive power was prudent and forceful, and it was achieved through his interpretation of the Constitution. Lincoln believed that the power he needed to deal with the rebellion was part of the executive power found in the Constitution. He based his war powers on the commander-in-chief clause and the "faithfully execute" clause of Article II, which requires the president to “take care that the laws be faithfully executed” and to "preserve, protect, and defend the Constitution of the United States".
Lincoln's defenders 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 law and sometimes even against it". However, some constitutional scholars have rejected Lincoln's interpretation of the Constitution, arguing that the prerogative has no place in a constitutional government. Lincoln's expansion of executive power during the Civil War was evident in several ways. In 1861, he claimed broad emergency powers, arguing that the Constitution had vested them in the executive branch. He called on the militia, authorised increases in the size of the army and navy, expended funds for military purchases, deployed military forces, blockaded Southern ports, suspended the writ of habeas corpus in certain areas, authorised arbitrary arrests, and empaneled military tribunals to try civilians in occupied or contested areas.
Lincoln's construction of the nature of the Union rested primarily on principles of moral and political integrity. He always argued that presidents should follow the constitutional text and claimed that he had done what his oath under Article II had required of him. However, he acknowledged that the question of how to "faithfully execute the office of President" and "preserve, protect, and defend the Constitution" was open to interpretation. Despite his expansion of executive power, Lincoln never ignored the defence of civil liberties, specifically the election process. He also believed that free government could exist in the face of a wartime suspension of other types of civil liberties, expressing faith in the principle of popular sovereignty.
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The Emancipation Proclamation
The proclamation only applied to states that had seceded from the Union, leaving slavery in place in the loyal border states. It also expressly exempted parts of the Confederacy (the Southern secessionist states) that had already come under Northern control. Most importantly, the freedom it promised depended upon a Union military victory. The proclamation outraged white Southerners and their sympathisers, who saw it as the beginning of a race war.
Despite this expansive wording, the Emancipation Proclamation was limited in many ways. It did not end slavery in the nation, but it did fundamentally transform the character of the war. The proclamation also announced the acceptance of Black men into the Union Army and Navy, enabling the liberated to become liberators. By the end of the war, almost 200,000 Black soldiers and sailors had fought for the Union and freedom.
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Frequently asked questions
Lincoln justified his actions by citing the president’s war powers under the Constitution. He argued that the survival of the nation took precedence over the First Amendment's protection of freedom of speech and freedom of the press.
Lincoln cited Article I, Section 9, of the Constitution, which permits the suspension of habeas corpus "when in Cases of Rebellion or Invasion the public Safety may require it."
The American Civil War led to the passing of various Civil Rights Acts, also called Enforcement Acts, which extended the rights of emancipated slaves, prohibited discrimination, and fought violence directed at the newly freed populations. The Compromise of 1877 marked the formal end of Reconstruction, and the Enforcement Acts were passed to grant voting rights to Black men and ratify the 14th Amendment.
