Lincoln and Civil Liberties: Essential, or Abuse of Power?

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Chicago Times: a Democratic newspaper in Chicago published by WF Storey that was temporarily shut down by order of General Ambrose Burnside on June 3, 1863.  Although critical of the administration, it nevertheless was a major Democratic outlet in the Midwest. The shutdown proved to be an embarrassment for Lincoln and he quickly countermanded the order after receiving several complaints and the paper resumed publication soon after. (Harper, 257)

 

 

The Christian Observer: a Presbyterian weekly newspaper published in Philadelphia and Richmond.  It was edited by Amasa Converse during the war, and the Philadelphia version was shut down in August of 1861 after publishing several articles criticizing Lincoln and the administration.  It was known to be extremely critical of Lincoln and his policies during the early part of the war and continued once its operations moved to Richmond.  One interesting note was that it was published simulataneously in Richmond and Philadelphia during the beginning of the war, a very rare occurrance, and may have led to its receiving attention from the government.  (Harper, 109-110)

 

 

Amasa Converse: Presbyterian minister and editor of the Christian Observer. His paper was amongst the first to be suppressed in August of 1861 after it had written several articles that were critical of Lincoln, the war, and the administration.  He wrote a letter to Lincoln that conveyed his opinion about the matter, but Lincoln never replied.  Although arrested, he was never convicted and soon fled to Richmond, where he continued publishing his paper. (Shankman, 227-30)

 

 

Copperheads: Anti-war Democrats who were named after the venomous snake that's known to strike without warning.  They were very prevalent in the Midwest, and Vallandigham was a key leader for them.  Although very vocal, they were nevertheless outnumbered by War Democrats and by the end of the war ceased to be much of a serious opponent to Lincoln. (Carwardine, 366)

 

 

Dubuque Herald: Copperhead newspaper in Iowa published by Dennis Mahony.  Known for it's attacks on Lincoln and Republican policies, which led to the arrest and incarceration of its publisher Dennis Mahony in August, 1862.  Continued printing in spite of the arrest and public outcry.  (Harper, 148-50)

 

 

Ex Parte Merryman: a decision handed out by Chief Justice Roger Taney, acting as a Circuit Court judge in Maryland. It stated that the Lincoln and the federal authorities had no right to suspend habeas corpus since only Congress could do it.  It regarded the arrest and imprisonment of John Merryman, a Southern sympathizer in Maryland on May 25, 1861.  Lincoln effectively ignored this decision, and the suspension was eventually enacted by Congress in March of 1863. (Burlingame, 2463)

 

 

Ex Parte Milligan: a decision handed out by the Supreme Court in 1866, after the war was over.  It said that the government's actions with regards to habeas corpus and military arrests of civilians were unconstitutional.  Specifically it said that if a civilian court was operating within a given area, the military had no right to prosecute civilians living in that area.  The case involved the arrest and imprisonment of Lambdin Milligan, an anti-war advocate in Indiana in 1864. Some noteworthy aspects of the case were that one of Milligan's lawyers was future President James Garfield and that five of the judges who ruled in the unanimous decision were Lincoln appointments. (Barry, 20-22)

 

 

Habeas Corpus: a protection of civil liberties, namely that a person who's arrested must be brought before a judge for a hearing.  It does not mean that you are given a trial, but rather a chance at knowing what is going on with regrards to your arrest.  Lincoln and the military received a good deal of criticism for suspending this during the war, as well as denying civilians the right to have their case heard before a civilian judge, rather than a military tribunal. The Constitution does not specifically say who is allowed to suspend it, although it is in Article I, which pertains to Congress. Lincoln first suspended it within a limited area in April of 1861 to protect Washington, DC, but the War Department eventually expanded it to include the whole country in September of 1862.  That action was eventually declared unconstitutional with the Milligan decision in 1866.(Carwardine, 367) (Burlingame, 2462-4)

 

 

Dennis Mahony: Irish immigrant and publisher of the Dubuque Herald, who was arrested for his anti-war editorials.  He was put into prison in Washington, DC for almost three months, and aftewards wrote an excoriating book about his experience called A Prisoner of State.  Was nominated for Congress by Copperheads, but was defeated, perhaps because he was in jail at the time of the election. (Mahony)

 

John Merryman: Maryland farmer from outside Baltimore.  Participated in the destruction of railroad bridges and cutting of telegraph wires in the early days of the war.  Also recruited prospective soldiers for the Confederates in Maryland.  As a result, he was arrested, placed in prison at Ft. McHenry in May of 1861, and was denied a writ of habeas corpus.  His arrest led to Taney's famous ex Parte Merryman decision. (Burlingame, 2462)

 

Newark Evening Journal: Democratic newspaper in New Jersey that was known for its outspoken disapproval for Lincoln's policies.  While not necessarily a Copperhead organ, it nevertheless offered sympathetic editorials on the Vallandigham arrest and occasionally published editorials that lambasted the recruitment of soldiers from New Jersey.  As a result, its editor, EN Fuller, was arrested and tried in a civilian court, a rarity.  He was fined and continued publishing the paper and remained a strong opponent of Lincoln. (Harper, 125-6)

 

Clement Vallandigham: A leader of the Copperhead faction of the Democratic party during the early days of the Civil War.  Was known for his outspoken disapproval of Lincoln, the war, emancipation, and the draft.  Although defeated in the fall elections in 1862, he remained a very strong voice for the Copperheads in the Midwest.  His subsequent arrest and banishment to the Confederacy provided a brief rallying point for opponents of Lincoln's policies regarding civil liberties.  It also resulted in Lincoln's famous Corning letter, which directly answered those concerns.  He later returned to Ohio, but never regained the prominence he once had. (Donald, 421, 441-44)