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By Martin Kelly, About.com Guide to American History since 2001

Lincoln Suspended the Writ of Habeas Corpus

Thursday October 23, 2008
Restraints on legal rights during wartime is not a new thing. On October 23, 1861, President Abraham Lincoln suspended the writ of habeas corpus in Washington, D.C. for all military-related cases. Article I of the Constitution say this: "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 actions were taken in response to riots and local militias during the early stages of the Civil War. Lincoln ignored the ruling of the US Circuit Court against his order.

Comments

October 28, 2008 at 12:52 am
(1) civilwarhistory says:

My research indicates this isn’t the only time Lincoln disobeyed federal law during the war. The list seems to be quite long.

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