Maryland constitutional questions after Fort Sumter

[David Lockmiller]

(08-22-2020 02:49 PM)Steve Wrote:  U.S. Constitution, Article I, Section 9:

The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.

Here's a good article about the issue for those of you who are interested:

https://quod.lib.umich.edu/j/jala/262986...w=fulltext

The following is Lincoln's response to criticism on the issue according to the referenced article:

Lincoln's Suspension of the Writ of Habeas Corpus: An Historical and Constitutional Analysis
By JAMES A. DUEHOLM

Volume 29, Issue 2, Summer 2008, pp. 47-66

On July 4, Lincoln delivered a message to the special session of Congress. He referred to his suspensions of the writ, quoted the suspension clause, and justified the suspensions on the ground that "we have a case of rebellion, and the public safety does require" suspension of the writ.

He then went on: "Now it is insisted that Congress, and not the Executive, is vested with this power. But the Constitution itself, is silent as to which, or who, is to exercise the power; and as the provision was plainly made for a dangerous emergency, it cannot be believed the framers of the instrument intended, that, in every case, the danger should run its course, until Congress could be called together; the very assembling of which might be prevented ... by the rebellion. No more extended argument is now offered . . . .