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Martin Kelly

Martin's American History Blog

By Martin Kelly, About.com Guide to American History

Lincoln Suspended the Writ of Habeas Corpus

Friday October 23, 2009

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.

October 25, 2009 at 8:39 am
(2) Sandi says:

I am confused. Article One states it may be suspended in the case of rebellion and invasion. Does that not describe the Civil War?

October 27, 2009 at 11:53 pm
(3) JBL says:

This article does not tell even the whole truth & nothing but the truth. Many northern newspaper men, & even folks speaking their 1st ammendment rights, were imprissoned in misserable cells with no charge for years.

October 28, 2009 at 7:54 pm
(4) Donald Moeser says:

It’s amazing just how much info about Lincoln is withheld.

Had he not been murdered, he would rack right down with Harding.

Being a martyr, has it’s rewards.

October 29, 2009 at 6:54 am
(5) Paul T Caple says:

Lincoln, was a terrorist.
The invasion of the South, was wrong, the truth
is, was war of northern aggression.
The spoil of war, victors write the history.
The northern occupation was brutal and continue
today, The occupation of Japan and Germany only
lasted four years and the occupiers rebuilt both
country,

October 29, 2009 at 10:53 am
(6) Duneman says:

The Civil War should be renamed The Slaveholders’ Rebellion. Lincoln a terrorist? People who say that never seem to volunteer to become slaves themselves…..

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