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The Habeas Corpus Suspension Act, 12 Stat. 755 (1863), entitled An Act relating to Habeas Corpus, and regulating Judicial Proceedings in Certain Cases, was an Act of Congress that authorized the president of the United States to suspend the right of habeas corpus in response to the American Civil War and provided for the release of political prisoners.
In early 1862, Lincoln took a step back from the suspension of habeas corpus controversy. On February 14, he ordered most political prisoners released, with some exceptions (such as editor Howard), and offered them amnesty for past treason or disloyalty, so long as they did not aid the Confederacy.
On April 27, 1861, the right of habeas corpus was unilaterally suspended by President Abraham Lincoln in Maryland during the American Civil War. Lincoln had received word that anti-war Maryland officials intended to destroy the railroad tracks between Annapolis and Philadelphia, which was a vital supply line for the army preparing to fight the ...
Lincoln was called on to handle both the political and military aspects of the Civil War, facing challenges in both spheres. As commander-in-chief, he ordered the suspension of the constitutionally-protected right to habeas corpus in the state of Maryland in order to suppress Confederate sympathizers. He also became the first president to ...
The Presidency of Abraham Lincoln (1861–1865) suspended the constitutional right of habeas corpus from Washington to Philadelphia. Lincoln ignored the ruling of Chief Justice Roger B. Taney in "Ex parte Merryman" decision in 1861 concerning freeing John Merryman, a prominent Southern sympathizer arrested by the military.
President Lincoln had suspended the writ nationwide on September 24, 1862, [25] and Congress had ratified this action on March 3, 1863, with the Habeas Corpus Suspension Act. Milligan was detained in October 1864, more than a year after Congress formally suspended the writ.
Roger B. Taney photo by Mathew Brady. The Taney Arrest Warrant is a conjectural controversy in Abraham Lincoln scholarship. The argument is that in late May or early June 1861, President Lincoln secretly ordered an arrest warrant for Roger B. Taney, the Chief Justice of the United States Supreme Court, but abandoned the proposal.
Abraham Lincoln, a portrait by Mathew Brady taken February 27, 1860, the day of Lincoln's Cooper Union speech in New York City. Lincoln accepted the nomination with great enthusiasm and zeal. After his nomination he delivered his House Divided Speech, with the biblical reference Mark 3:25, "A house divided against itself cannot stand. I believe ...