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Habeas corpus under lincoln

C. While the troops were marching through town onlookers threw rocks at the men which in turn caused several soldiers to fire at the angry mob, and a riot ensued." The following day Lincoln suspended the habeas corpus privilege on certain points along the route from Pennsylvania enabling union generals to arrest and detain without trial anyone in the area that threatened public safety. .
             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.".
             One such arrest came shortly after the Baltimore riot. Lt. John Merryman of the Baltimore County Horse Guards, was arrested and imprisoned at Baltimore's Fort McHenry on charges of treason. While imprisoned Merryman forwarded a petition to Chief Justice Roger Taney, asking for a writ of habeas corpus and a trial. The Justice agreed and sent the writ to General Cadwalder of Fort McHenry demanding to bring Merryman before him, but Cadwalder declined to respond. When Taney did not hear back from the general he ordered a United States Marshall to go and bring Cadwalder in on charges of contempt for not allowing Merryman the writ of habeas corpus. When the Marshall arrived at Fort McHenry he was not permitted beyond the front gate, and was informed by Cadwalder that there is no answer to his writ because he was following the orders of the President of the United States. Chief Justice Taney brought the matter before the Chief Justice of the Supreme Court claiming that his imprisonment was unconstitutional. Taney also questioned whether or not the president could suspend habeas corpus without it going through congress. Democrats agreed with Taney claiming that Lincoln's actions were unconstitutional while the Republicans claimed that in times of emergency only the president can act fast enough to protect the public.


Essays Related to Habeas corpus under lincoln

1. A Look at Haebes Corpus

" (CITATION 2) That became the basis for laws in England, and the rest of the world, for the following era and established what would become the central piece of criminal justice - habeas corpus - that translates directly "that you have a body" (CITATION 3) In more recent times, this idea has come under fire in the ongoing "War on Terror," where government officials have tried to deny opposing militants' habeas corpus rights by slapping the label "enemy combatant on them" (CITATION 4). ... President Abraham Lincoln, in a letter to military leaders, said...

  • Word Count: 1842
  • Approx Pages: 7

2. Abraham Lincoln And Equal Rights

Lincoln arrested and jailed anti-Unionists, without giving them a reason, before congress had a chance to meet and approve it, when the Constitution states that the writ of habeas corpus shall not be suspended, except in cases of rebellion or invasion, and that Congress must approve the suspension. ... One of the most important issues, was the suspension of the writ of habeas corpus. On this topic, the Constitution states that the writ of habeas corpus shall not be suspended, except in cases of rebellion or invasion, and congress must approve the suspension. ... Many believe that Lincoln sus...

  • Word Count: 1438
  • Approx Pages: 6
  • Grade Level: Undergraduate

3. Abraham Lincol and Equal Right

Lincoln arrested and jailed anti-Unionists, without giving them a reason, before congress had a chance to meet and approve it, when the Constitution states that the writ of habeas corpus shall not be suspended, except in cases of rebellion or invasion, and that Congress must approve the suspension. ... One of the most important issues, was the suspension of the writ of habeas corpus. On this topic, the Constitution states that the writ of habeas corpus shall not be suspended, except in cases of rebellion or invasion, and congress must approve the suspension. ... Many believe that Lincoln sus...

  • Word Count: 1439
  • Approx Pages: 6
  • Grade Level: Undergraduate

4. The Legacy of Abraham Lincoln

Lincoln was born dirt poor in a log cabin in rural Kentucky. ... However, it was Lincoln, "As the most activist president in history, Lincoln transformed the role as commander in chief" (American). While Lincoln was in office he used extralegal powers such as suspending the writ of habeas corpus. Habeas corpus is the decree that demands a prisoner have his day in court. ... During his presidency there was no one more forward thinking, his resolve under the immense pressure speaks to the kind of man that he was, and the person we all should try to be. ...

  • Word Count: 843
  • Approx Pages: 3
  • Has Bibliography
  • Grade Level: High School

5. civwar

Lincoln was a good choice for a president during this time of secession. ... Lincoln had a few concerns on what to do with the freed slaves? ... At one point he even had to resort to banning Habeas Corpus. ... This incident allowed Lincoln to suspend Habeas Corpus, because it was an act of rebellion. ... The capital was under a state of siege, but eventually the union troops arrived, after they rebuilt the rail roads.* The upper south found it self with a huge dilemma. ...

  • Word Count: 1394
  • Approx Pages: 6
  • Grade Level: High School

6. Lincoln and Davis

Lincoln had a strong opposition to Congress. ... As a result he increased the size of the army, spent money, and suspended the writ of habeas corpus all without the authority of Congress. ... Lincoln and his family were very religious. ... At no time was he found mingling free with the masses under circumstances that could have enabled him to develop an appreciation of their aspirations. ... Davis, however, was not as easy going as Lincoln. ...

  • Word Count: 1090
  • Approx Pages: 4
  • Has Bibliography
  • Grade Level: High School

7. The ecconomic differences of South and North in Civil War

To solve this problem in 1861 President Jefferson Davis was given power to suspend the writ of habeas corpus; Davis used this sparingly, by occasionally putting areas under martial law, mainly to aid tax collectors. Similarly, Lincoln faced these challenges in the North, where the democrat minority opposed emancipation and the centralization of the government due to wartime growth. ... President Abraham Lincoln was far less hesitant to use martial law than President Davis and was able to quickly put down riots. After suspending the writ of habeas corpus in Maryland in 1861, he barred it nation...

  • Word Count: 813
  • Approx Pages: 3

8. Lincoln's Code and the Laws of War

He suspended the habeas corpus law without the consent of Congress. ... They were put on trial to be punished and prosecuted under different standards. ... The Union continued to become more aggressive under the new rule. ... The destruction of civilian property, the assault of civilians in sieged cities, and the starving of prisoners was all allowed under the new law. ... Lincoln's new code spread globally. ...

  • Word Count: 1217
  • Approx Pages: 5
  • Has Bibliography
  • Grade Level: High School

9. Abraham Lincoln's Life

Donald Herbert David's biography entitled Lincoln explains an indebt account of Lincoln's life. From Lincoln's childhood, to his last moments of his life, Donald successfully attempts to explain Lincoln's life from Lincoln's point of view. ... In 1847 Lincoln ran for U.S. Congress again this time under the Republican Party, and was successfully elected. ... He suspended the Writ of Habeas Corpus, which gave troops the right to search people's homes with out permission; this was a very controversial step in Lincoln's war strategy. ...

  • Word Count: 1062
  • Approx Pages: 4
  • Grade Level: High School

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