Lincoln and the Suspension of Habeas Corpus

Lincoln and the Suspension of Habeas Corpus - L incoln and...

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Lincoln and the Suspension of Habeas Corpus 1. On April 14, 1861, Fort Sumter fell to the Confederacy. 2. April 26, 1861. The Maryland legislature was to convene and it was expected that they might vote to secede from the Union. a. NOTE: On September 17, 1861, The mayor and the chief of police of Baltimore, nine members of the Maryland legislature, and the chief clerk of the Maryland Senate were all arrested to prevent the Maryland legislature from voting for secession. 3. On April 27, 1861, Lincoln suspended the right to a writ of habeus corpus (Art. I, Sec. 9, para 2) a. See portion of the order. b. Lincoln claimed the right to do so under the doctrine of necessity. i. President has a duty to “faithfully execute” the nation’s laws (Art II, Sec 1). Disloyal Northerners could prevent him from doing this, so he can suspend their right to habeas corpus writs. ii. The president is the commander-in-chief (Art II, Sec 2) and in wartime, he has the right to take any measure which may best subdue the enemy.
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iii. June 12, 1863 letter. Lincoln states: “Must I shoot a simple-minded soldier-boy who deserts, while I must not touch a hair of a wily
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Lincoln and the Suspension of Habeas Corpus - L incoln and...

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