Were Lincoln’s wartime limits on civil liberties justified?
In April 1861, with Washington cut off by rioting and sabotage in Maryland, Lincoln authorized military commanders to suspend the writ of habeas corpus along the rail line between Philadelphia and Washington. Suspensions later widened, and thousands of civilians were detained without trial. Chief Justice Roger Taney ruled in Ex parte Merryman (1861) that only Congress could suspend the writ. Congress authorized suspension in 1863, and in Ex parte Milligan (1866) the Supreme Court held that civilians could not be tried by military commissions where civilian courts were open.
Lincoln and his defenders
In his July 4, 1861, message to Congress, Lincoln argued that the Constitution permits suspension “in cases of rebellion or invasion” and asked whether all the laws but one should go unexecuted, and the government itself fall, lest that one be violated. Defenders stress the emergency — a capital surrounded by slave states — and note that elections, including the 1864 presidential race, went forward.
Critics
Taney and many Democrats argued that the power to suspend the writ belongs to Congress under Article I and that military arrests of civilians — including the 1863 arrest and military trial of Ohio Democrat Clement Vallandigham for an antiwar speech — threatened the liberties the war was meant to preserve.
Sources
- Special Session Message, July 4, 1861 · The American Presidency Project, UC Santa Barbara
