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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.
The passage of the Habeas Corpus Suspension Act in March 1863 finally ended the controversy, at least temporarily, by authorizing presidential suspension of the writ during the Civil War, but requiring indictment by grand jury (or release) of political prisoners, and by indemnifying federal officials who had arrested citizens without habeas in ...
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.
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.
Because President Lincoln had suspended the writ of habeas corpus on September 24, 1862, as authorized under Article 1 of the U.S. Constitution, and Congress ratified this action on March 3, 1863, with the passage of the Habeas Corpus Suspension Act, [12] no warrant or affidavit was issued to show justification for Milligan's arrest. [13]
After habeas corpus was suspended by General Winfield Scott in one theater of the Civil War in 1861, Lincoln wrote that Scott "could arrest, and detain, without resort to ordinary processes and forms of law, such individuals as he might deem dangerous to public safety." After Chief Justice Taney criticized the president for this policy, Lincoln ...
John Merryman (August 9, 1824 – November 15, 1881) of Baltimore County, Maryland, was arrested in May 1861 and held prisoner in Fort McHenry in Baltimore and was the petitioner in the case "Ex parte Merryman" which was one of the best known habeas corpus cases of the American Civil War (1861–1865).
Lincoln closely supervised the strategy and tactics in the war effort, including the selection of generals, and implemented a naval blockade of the South's trade. He suspended habeas corpus in Maryland and elsewhere, and he averted war with Britain by defusing the Trent Affair.