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Maryland constitutional questions after Fort Sumter
08-26-2020, 11:33 AM
Post: #13
RE: Maryland constitutional questions after Fort Sumter
(08-25-2020 10:57 AM)RJNorton Wrote:  
(08-25-2020 10:35 AM)David Lockmiller Wrote:  remaining silent only on his suspension of habeas corpus."

However, it did eventually pass the Habeas Corpus Suspension Act in 1863.

https://en.wikipedia.org/wiki/Habeas_Cor...Act_(1863)

Thanks Roger. Good Work!

(Source: Wikipedia on subject):

On February 27, the conference committee issued its report. The result was an entirely new bill authorizing the explicit suspension of habeas corpus.

"Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That during the present rebellion, the President of the United States, whenever in his judgment the public safety may require it, is authorized to suspend the privilege of the writ of habeas corpus in any case throughout the United States or any part thereof. And whenever and wherever the said privilege shall be suspended, as aforesaid, no military or other officer shall be compelled, in answer to any writ of habeas corpus, to return the body of any person or persons detained by him by authority of the President; but upon a certificate, under oath, of the officer having charge of any one so detained, that such person is detained by him as a prisoner under the authority of the President, further proceedings under the writ of habeas corpus shall be suspended by the judge or court having issued the writ so long as said suspension by the President shall remain in force and said rebellion continue."

President Lincoln "immediately signed the Habeas Corpus Suspension Act into law" shortly thereafter.

"So very difficult a matter is it to trace and find out the truth of anything by history." -- Plutarch
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RE: Maryland constitutional questions after Fort Sumter - David Lockmiller - 08-26-2020 11:33 AM

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