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

2. 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

3. 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:

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

5. “Copperheads”

6. 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

7. Ex Parte Milligan
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)

8. 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 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.