Habeas Corpus Suspension Act (1863)

Lincoln's suspension of the Writ of Habeas Corpus.

Since the end of the Civil War, historians have constantly reviewed Abraham Lincoln's suspension of the writ of habeas corpus. Habeas corpus is stated in Article 1, Section 9 of the constitution as follows: "the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion and invasion the public safety may require it...", and is sometimes referred to in short as "the suspension clause."

The writ in essence requires that when arrested, a person has the right to be brought before a court or governmental judge to determine that there is a means to secure a person's release unless there are lawful grounds presented by the arresting authorities to justify detention of the accused.

Lincoln's suspension of habeas corpus during the Civil War has been studied by historians from the time of the civil war and has not ceased until today with the subject of constitutional validity of the suspension. More specifically, the question of whether the power of suspension rests with the President or with Congress.

Habeas Corpus Suspension Act (1863) Media

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  Thaddeus Stevens. Library of Congress description: "Hon. Thaddeus Stevens of Penn."

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  Senator Lazarus W. Powell of Kentucky vehemently opposed the bill.

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  Statutes at Large, Volume 12, Page 755, containing the opening text of the Habeas Corpus Suspension Act