A. Lincoln and Civil Liberties Aim: Were actions taken by Lincoln during the Civil War unconstitutional?

Timeline of Events April 1861 – S.C. fires on Ft. Sumter 1. Lincoln increases size of army and navy. 2. Congress approves $ for purchase of arms and ammunition 3. Declares blockade of Southern coast 4. Suspends writ of habeas corpus. July 4, 1861 – Special Session of Congress

Lincoln Suspends Habeas Corpus Habeas Corpus: a person has the right to be charged with crime and given an explanation for his detention. Article I, Sec. 9: may be suspended in times of insurrection or rebellion. Significance:

Martial Law - 1862 Military Tribunals – for anyone who discouraged others from enlisting or committed a “disloyal” act 13,000 arrested with no trial

“Copperheads”

Ex Parte Vallandigham - 1864 A “copperhead” critical of government wartime action 1863- arrested for his attacks on the war Military Tribunal – convicts and sentences him to prison “Clearly an assault on free speech.” Supreme Ct Decision: had no jurisdiction over the proceedings of military tribunals

Ex Parte Milligan - 1866 Lambdin Milligan – Order of American Knights: plot to help South and hamper Union 1864 – charged with urging men to resist the draft and plotting overthrow the government. Tried in a military tribunal, convicted and sentenced to hang. Milligan: Argued civilian’s should be tried in civilian courts(6th amendment) Government: Argued civilian courts too slow during wartime Supreme Court decision: Martial Law and military tribunals were illegal while civil courts were open (1866)

Significance “If a situation were to arise again in the United States when the writ of habeas corpus were suspended, the government would probably be as ill-prepared to define the legal situation as it was in 1861. The clearest lesson is that there is no clear lesson in the Civil War – no neat precedents, no ground rules, no map. War and its effect on civil liberties remain a frightening unknown.” Frank J. Williams “A Popular Demand, and a Public Necessity” Lincoln and Civil Liberties.