President Lincoln’s first inaugural speech……March 4, 1861

I will be discussing how Abraham Lincoln was able to revoke the privilege of habeas corpus during the Civil War. Before I loose you all let me first explain what habeas corpus is. “A writ of habeas corpus is a judicial mandate to a prison official ordering that an inmate be brought to the court so it can be determined whether or not a person is imprisoned lawfully and whether or not he should be released from custody.”

Before Lincoln suspended the writ of habeas corpus he first declared a state of Martial Law. Martial Law is “the will of the commanding officer of an armed force, or of a geographical military department expressed in a time of war within the limits of

According to the United States Constitution article one section 9 clause 2 states that “the privilege of the writ of habeas corpus shall not be suspended unless in cases in rebellion or invasion for the public safety may require it.”

Lincoln also suspended habeas corpus nationwide after the first ever draft, in hopes of capturing all draft dodgers. Also according to Secretary of War Edwin Stanton anyone that “engaged by act, speech or writing in discouraging volunteer enlistments or in anyway giving aid and comfort to the enemy was subject to arrest and trial before a military commission.” With that being said it allowed local sheriffs to decide who was loyal or disloyal without considering the main goal of enforcing the draft.

After the pivotal win for the Union at the battle of Gettysburg the war seemed over for the south. Many northerners were worried that the victory was not worth the price of war. The Democratic Party split into two halves, the “War-Democrats” who supported the war effort and the “Peace-Democrats” that opposed the war and wanted a negotiated peace. The “Peace-Democrats” were also known as copperheads and were known to have financial ties to the south and wanted to have a peaceful resolution. Many began smaller groups that forcibly protested Lincoln’s administration and policies.

The writ of habeas corpus was initially suspended because of Lincoln’s worries that Maryland would join Virginia in succeeding from the United States. If Maryland were to succeed Washington D.C. would be surrounded by the opposit

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