Interesting bit of history about Lincoln and the suspension of Habeas Corpus. It weighed heavily on his mind and if he did not, the Union would have easily been dissolved as their were "snakes and scavengers and turncoats" everywhere feeding information to the rebellion.
Suspension of the WritOn April 14, 1861, Fort Sumpter fell to the Confederacy. On April 27, 1861, President Lincoln gave the Commanding General of the U.S. Army, Winfield Scott, the following instructions in order to prevent secession-minded Marylanders from interfering with the Capital's communication with the North:
You are engaged in repressing an insurrection against the laws of the United States. If at any point on or in the vicinity of the military line, which is now used between the City of Philadelphia and the City of Washington, via Perryville, Annapolis City, and Annapolis Junction, you find resistance which renders it necessary to suspend the writ of Habeas Corpus for the public safety, you, personally or through the officer in command at the point where the resistance occurs, are authorized to suspend that writ. (
The public had forced the pro-Union governor Thomas Hicks to call the legislature into session. He warned the President that the legislature was filled with Confederate sympathizers. (9) Lincoln was reluctant to act as a letter to General Winfield Scott dated April 25, 1861 indicates. In it Lincoln discouraged ordering the arrest of members of the Maryland legislature:
The Maryland Legislature assembles tomorrow at Annapolis; and, not improbably, will take action to arm the people of that State against the United States . . . they have a clearly legal right to assemble; and, we can not know in advance, that their action will not be lawful, and peaceful . . . we can not permanently prevent their action . . . we can not long hold them as prisoners . . . I therefore conclude that it is only left to the commanding General to watch, and await their action, which, if it shall be to arm their people against the United States, he is to adopt the most prompt, and efficient means to counteract, even, if necessary, to the bombardment of their cities - and in the extremist necessity, the suspension of the writ of habeas corpus. (10)
The crisis quickly took and turn for the worst and the President filled the Maryland's capital with federal troops and military authorities. They made several arrests including the Baltimore marshal of police George P. Kane, Baltimore Mayor William Brown, and, on September 17, nine members of the Maryland legislature and the chief clerk of the Maryland Senate. The members of the Maryland legislature were arrested for fear that, if allowed to attend the legislative session, they would vote for secession from the Union.
For all of his handwringing, Lincoln believed it was better to save the Union than live up to its guarantees. (11) In 1862 in a public letter to Horace Greely, he went so far as to say, "If I could save the Union without freeing any slave I would do it; and if I could save it by freeing all the slaves I would do it." (12) There is perhaps no worse example of the restriction of free speech in the entire Civil War than this one. Duly elected members of a state legislature were prevented from assembling and speaking on a critical issue. Along with free speech and assembly, states' rights were crushed in this effort to preserve the Union. It was clear from this moment what hierarchy of values Lincoln held dear.
