Malcolm Rivera
During the American Civil War, President Abraham Lincoln suspended the constitutionally protected right to writs of habeas corpus. This suspension was in response to the arrest of Maryland secessionist John Merryman by Union troops. Lincoln's suspension of habeas corpus was challenged by Supreme Court Chief Justice Roger Taney, who argued that the Constitution clearly intended for Congress, and not the President, to have the power to suspend the writ during emergencies. Lincoln's suspension of habeas corpus remains a controversial topic, with some arguing that he violated the Constitution, while others claim that his actions were permissible under the unprecedented circumstances of the Civil War.
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What You'll Learn
Lincoln's suspension of habeas corpus
The suspension of habeas corpus by President Abraham Lincoln refers to the US president's suspension of the right of habeas corpus during the Civil War in response to an imminent rebellion near the nation's capital that threatened the United States. Habeas corpus is the right of arrested persons to be brought before a judge to review if their detention is lawful.
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). This was due to fears of a rebellion in Maryland that would endanger Washington. On May 25, 1861, federal troops arrested a Maryland planter, John Merryman, on suspicion of his involvement in a conspiracy as part of an armed secessionist group. Merryman's lawyers petitioned Roger Taney, Chief Justice of the United States and federal Circuit Court Judge for Maryland, for a Writ of Habeas Corpus. Taney obliged, but Fort McHenry's commander, General Cadwalader, refused to obey, citing Lincoln's suspension of the writ. Taney then wrote an opinion on June 1, calling Lincoln's action unconstitutional, stating that the Constitution reserved the power to suspend habeas corpus for Congress, not the President.
On July 4, 1861, Lincoln addressed a special session of Congress, defending his suspension of the writ of habeas corpus, arguing that it was due to public safety concerns. In July 1861, Massachusetts senator Henry Wilson introduced a bill ratifying Lincoln's actions, but it did not pass in the special session. In March 1862, Congressman Henry May introduced a bill requiring the federal government to either indict or release "political prisoners" held without habeas corpus. This bill passed the House in summer 1862 and was later included in the Habeas Corpus Suspension Act. In September 1862, Lincoln again suspended habeas corpus, this time throughout the country, making anyone charged with interfering with the draft, discouraging enlistments, or aiding the Confederacy subject to martial law.
In March 1863, Congress passed the Habeas Corpus Act, authorizing the suspension of habeas corpus. Lincoln signed the bill into law, and six months later, he suspended habeas corpus under the authority granted by the Act. Lincoln's suspension of habeas corpus has been deemed unconstitutional, as it is a fundamental right and suspension is a power granted only to Congress. However, Lincoln was justified in his initial suspension due to unprecedented wartime conditions and the absence of Congress.
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The Ex Parte Merryman decision
The Ex Parte Merryman case was a significant episode in American legal history, highlighting the tensions between executive and judicial powers during the Civil War. It centred around the suspension of habeas corpus, a long-standing legal principle that protects individuals from unlawful imprisonment.
On May 25, 1861, a Maryland planter named John Merryman was arrested by federal troops on suspicion of involvement in an armed secessionist conspiracy. Merryman was a secessionist and allegedly supported the Confederacy. He was imprisoned at Fort McHenry in Baltimore, Maryland, under military orders.
Chief Justice Roger B. Taney, acting as a federal circuit court judge, issued a writ of habeas corpus, demanding that General George Cadwalader, the commander of Fort McHenry, bring Merryman before his court and justify the arrest. Cadwalader refused to comply, stating that he was authorised by President Lincoln to suspend the writ and that the arrest was legally valid due to concerns for public safety.
Taney and Cadwalader's communication failed to resolve the dispute. On May 28, 1861, Taney issued an oral opinion, followed by a written opinion a few days later, arguing that the President could not suspend habeas corpus. He stated that the Constitution grants Congress, not the President, the power to suspend the writ during emergencies, specifically rebellions or invasions. Taney's ruling was not a Supreme Court decision, and it was unclear if it was a circuit court decision.
President Lincoln did not directly respond to Taney's opinion at first. Instead, he waited until a July 4 address to Congress, where he defended his actions and asserted his authority to suspend habeas corpus during the Civil War. Lincoln justified his suspension of habeas corpus as necessary for public safety and to prevent rebellion. He argued that the President, as Commander-in-Chief, had the authority to make such decisions.
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The role of Congress
The debate over the suspension of habeas corpus centred on whether the President or Congress had the authority to act. Supreme Court Chief Justice Roger Taney directly challenged Lincoln's wartime suspension, arguing that the Constitution clearly intended for Congress, not the President, to hold the power to suspend the writ during emergencies. This challenge led to a constitutional showdown between Lincoln and Taney, known as "Lincoln and Taney's great writ showdown."
In response to Taney's challenge, Lincoln addressed a special session of Congress on July 4, 1861, defending his actions, including the suspension of habeas corpus. He argued that it was necessary to authorize the Commanding General to suspend the privilege of the writ in specific cases to protect public safety. However, Congress remained inactive on the issue, and no habeas corpus bill was passed during the special session or the ensuing general session.
The Habeas Corpus Suspension Act of 1863 further highlighted the role of Congress. The Act was passed by Congress and authorized the President to suspend the right of habeas corpus during the Civil War. This Act was a compromise between the House of Representatives and the Senate, altering the original bill to suspend habeas corpus under Congress's own authority. While Lincoln signed the Act into law, some objected that it violated the nondelegation doctrine by transferring legislative authority to the President.
In summary, the role of Congress in the suspension of habeas corpus by Lincoln was complex. While Congress ultimately passed the Habeas Corpus Suspension Act of 1863, there was initial inaction and debate over the respective powers of the President and Congress. The constitutional crisis during the Civil War led to a broad exercise of executive authority by Lincoln, which clashed with the traditional role of Congress in authorizing suspensions of habeas corpus.
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![Lincoln's Suspension of Habeas Corpus as Viewed by Congress. pp.217-283. [pp.5-71]](https://m.media-amazon.com/images/I/51di0BEp0KL._AC_UY218_.jpg)
Lincoln's wartime powers
During the American Civil War, President Abraham Lincoln suspended the constitutionally protected right to writs of habeas corpus. This was done in response to an armed rebellion within the United States, with Lincoln acting under the powers granted to him as Commander in Chief of the U.S. Military during wartime.
The suspension of habeas corpus allowed Lincoln to authorize the Commanding General to arrest and detain individuals deemed dangerous to public safety without a trial. Lincoln's suspension of habeas corpus was unilateral and applied initially only to Maryland and parts of the Midwestern states. However, on September 24, 1862, he issued a proclamation suspending the right to writs of habeas corpus nationwide.
Lincoln's actions were based on the dangers of war and the need to protect national security. He believed that the unprecedented crisis caused by the Civil War required him to exercise executive authority broadly. Lincoln's suspension of habeas corpus was not without controversy, and he faced sharp criticism for what many believed was an attack on the Constitution.
The Supreme Court Chief Justice, Roger Taney, directly challenged Lincoln's wartime suspension of the writ of habeas corpus in 1861, arguing that the Constitution intended for Congress, not the President, to have the power to suspend the writ during emergencies. Taney's ruling was ignored by Lincoln and the military, and Congress failed to pass any habeas corpus bills during this time.
In 1863, Congress passed the Habeas Corpus Suspension Act, which authorized the President to suspend the right of habeas corpus in response to the Civil War. Lincoln signed the bill into law and later used the authority granted by the Act to suspend habeas corpus throughout the Union for prisoners of war, spies, traitors, and military members.
While Lincoln's suspension of habeas corpus was controversial, legal scholars have argued that his actions were permissible under the Constitution or that any infringements were minor and justified given the unprecedented nature of the Civil War crisis.
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The constitutional crisis
The American Civil War, which began in 1861, posed unprecedented challenges to President Abraham Lincoln. In the face of an armed rebellion, Lincoln took several decisive actions, including suspending the constitutionally protected right to writs of habeas corpus. This suspension was in response to the arrest of Maryland secessionist John Merryman, who was suspected of involvement in an armed secessionist group.
The writ of habeas corpus is a judicially enforceable order that compels the government to present a prisoner to the court so that it can be determined whether their imprisonment is lawful. Under Article 1, Section 9, of the Constitution, the writ of habeas corpus cannot be suspended unless there is a case of rebellion or invasion that threatens public safety.
Lincoln's suspension of the writ of habeas corpus led to a constitutional crisis. On May 28, 1861, Supreme Court Chief Justice Roger Taney directly challenged Lincoln's wartime suspension, arguing that the Constitution intended for Congress, not the President, to have the power to suspend the writ during emergencies. Taney's ruling in Ex Parte Merryman declared Lincoln's suspension of habeas corpus unconstitutional.
However, Lincoln and the military ignored Taney's ruling, and on September 24, 1862, Lincoln issued a proclamation suspending the right to writs of habeas corpus nationwide. This proclamation was made during a time of great constitutional crisis, and Lincoln's actions set a precedent for the exercise of executive authority during times of national emergency.
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Frequently asked questions
The writ of habeas corpus is a judicially enforceable order issued by a court of law to a prison official ordering that a prisoner must be brought to the court so it can be determined whether that prisoner was lawfully imprisoned and, if not, whether they should be released from custody.
Article 1, Section 9, of the Constitution states that "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". Lincoln's suspension of the writ of habeas corpus was challenged by Supreme Court Chief Justice Roger Taney, who argued that the Constitution clearly intended for Congress, and not the President, to have the power to suspend the writ during emergencies.
Lincoln's suspension of the writ of habeas corpus was deemed unconstitutional by the Supreme Court Chief Justice. However, some legal scholars argue that Lincoln's actions were permissible under the Constitution, and that when he did infringe upon the Constitution, his trespasses were not egregious.
Lincoln's suspension of the writ of habeas corpus allowed him to arrest and detain individuals without resorting to the ordinary processes and forms of law. This included the arrest of a sitting member of Congress from Maryland, Henry May, along with one-third of the Maryland General Assembly.
