12 May 1864

Confederate States of America. Congress

Printed document

Title: Resolutions of the legislature of the State of Mississippi in relation to the recent act of the Congress of the Confederate States suspending the privilege of the writ of habeas corpus.

States "The writ of habeas corpus is the great prerogative writ of the American people, distinguishing a free and constitutional government from an absolute despotism ... 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." Indicates this resolution was introduced by Jehu Amaziah Orr, a House Representative from Mississippi.

GLC08421

1862

Taney, Roger Brooke, 1777-1864

Pamphlet

Title: Decision of Chief Justice Taney in the Merryman case, upon the writ of habeas corpus.

Printed by John Campbell. Published by John Campbell. Second addition. Taney states "The Constitution provides, as I have before said, that 'no person shall be deprived of life, liberty or property, without due process of law.' It declares that 'the right of the people to be secure in their persons, houses, papers, and effect, against unreasonable searches and seizures, shall not be violated' ... It provides that the party accused shall be entitled to a speedy trial in a Court of justice. And these great and fundamental laws, which Congress, itself, could not suspend, have been…

GLC08557

1862

Pamphlet

Title: Pamphlets related to Horace Binney's essay on President Abraham Lincoln's suspension of the writ of habeas corpus [Decimalized .01-.12]

On 1861, President Abraham Lincoln suspended the writ of habeas corpus for military related cases. This decision directly defied Article I of the United States Constitution, which states "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." Suspension of the writ provoked much controversy, and was opposed by members of the United States Supreme Court. Horace Binney, an influential American legal figure, wrote a pamphlet in support of Lincoln's decision in 1862. GLC08599.01-.12 explores the…

GLC08599

20 April 1906

Mack, Silas W., fl. 1906

Typed letter signed

Title: to Clara W. Mack

Writes to his mother in Canada describing the San Francisco earthquake. Says half of the chimneys at the Hotel Del Monte crumbled and damaged the roof. One chimney crashed through a newlywed's room and killed both the bride and groom. Reports there is over a $1,000,000 in damages, 350,000 people are homeless, and countless dead, mostly resulting from the fire that erupted after the quake. Continues to discuss the damages that took place and also mentions San Francisco is under martial law. Worries about the market falling due to people withdrawing their money from the banks. Assures her…

GLC08697

1863

Lincoln, Abraham, 1809-1865

Pamphlet

Title: The Truth from an honest man: The letter of the President. President Lincoln's Views.

President Lincoln's views on the principles involved in the Clement Vallandigham case. Prints correspondence between Lincoln and Erastus Corning in relation to a Democratic meeting held at Albany, New York 16 May 1863, called to protest the arrest and expulsion of Vallandigham based on the freedom of speech. Corning presided over the meeting. Includes the resolutions adopted at that meeting, and Lincoln's reply to Corning on 12 June 1863. Printed by King & Baird Printers. Same pamphlet as GLC 1265.19.

GLC08707

6 July 1864

Newspaper

Title: New York times. [Vol. 13, no. 3988 (July 6, 1864)]

Vol. 13 no. 3988. Describes sinking of the CSS Alabama p.1, the suspension of habeas corpus in Kentucky, etc.

GLC08755

1856

Williamson, Passmore, 1822-?

Book

Title: Case of Passmore Williamson. Report of the proceedings on the writ of Habeas Corpus, issued by the Hon. John K. Kane, judge of the district court of the United States...

(title continues)... for the Eastern District of Pennsylvania, in the case of the United States of America Ex. Rel. John H. Wheeler vs. Passmore Williamson, including the several opinions delivered; and the arguments of counsel, reported by Arthur Cannon, Esq., phonographer. Published by Uriah Hunt & Son.

GLC08853

1 March 1862

Davis, Jefferson, 1808-1889

Manuscript document signed

Title: [Proclamation of martial law in Richmond]

"I Jefferson Davis, President of the Confederate States of America do proclaim that martial law is hereby extended over the City of Richmond and the adjoining and surrounding country to the distance of ten miles." The word "Seal" with a circle around it is written on the second page, in place of an official seal. Signed as President of the Confederate States, written in the hand of Judah P. Benjamin, as Secretary of War.

GLC01547

1843/01/04

Houston, Sam, 1793-1863

Manuscript

Title: to Texas House of Representatives re: complete summary of events in Archives War

Clerical copy, with docket "private property" on p. 4.

GLC02145.14

1842/03/07

Hockley, George W., 1802-1851

Manuscript document

Title: Declaring martial law in Austin because of archives war

As Secretary of War, declares martial law because of "archives war" and places Thomas Ward in command of stores. Probably clerical.

GLC02145.12

1863

Lincoln, Abraham, 1809-1865

Pamphlet

Title: The letters of President Lincoln on questions of national policy.

Reprint of six letters by Lincoln: June 13, 1863, to an Albany, New York Committee, discussing his interpretation of the writ of habeas corpus in the Vallandigham case; February 3, 1862 and October 13, 1862, to General George McClellan on the management of the war; August 22, 1862, to Horace Greeley concerning amnesty for southerners; August 7, 1863, to New York mayor Horatio Seymour regarding the New York City draft riots and the constitutionality of the Conscription Act; August 26, 1863, to the Springfield, Illinois and Syracuse Conventions, defending the Emancipation Proclamation.…

GLC01969

May 29, 1818

Davis, John M., fl. 1818

Autograph letter signed

Title: to William Rabun

Informs Georgia Governor Rabun that Obediah Wright, whom Davis arrested for massacring Chehaw Indians, has been released through a writ of habeas corpus. Requests that Rabun have Wright returned to his custody. The Chehaw were American allies in the first Seminole War. After the massacre, Jackson sent Davis to arrest Wright, who had been a member of the Georgia militia.

GLC00782.11.06

19 October 1861

Scott, Winfield, 1786-1866

Manuscript document signed

Title: [Notice of suspension of habeas corpus in Boston to Justin Dimick].

Scott quotes an Abraham Lincoln document suspending the writ of habeas corpus, countersigned by William H. Seward. Scott empowers Brevet Colonel Dimick to do the same in Boston. Also signed by Assistant Adjutant General E.D. Townsend.

GLC00638

1861

Power, J. L., fl. 1861

Pamphlet

Title: The Merryman habeas corpus case, Baltimore. The proceedings in full and opinion of Chief Justice Taney. The United States Government a military despotism.

Prints the proceedings of the Merryman case and Chief Justice Roger B. Taney's decision that Lincoln's suspension of habeas corpus was unconstitutional.

GLC00833

3 August 1861

Charleston Mercury, fl. 1860-1861

Newspaper

Title: The Charleston mercury. [Vol. LXXIX, no. 11244]

Contains detailed Civil War news from the front lines. Included is a lengthy front-page comparison of the treatment of prisoners of war by the North and the South. "While the LINCOLN Government is making numerous arrests of persons at Washington and at other places in the North who are suspected of sympathizing with the South, and incarcerating them in dungeons, sending them away from their homes to distant fortresses,...we are treating their people, who have fallen into our hands, with kindness, and in some cases giving them partial liberty. This, undoubtedly, is admirable Christian-like…

GLC02362

12 March 1868

Hunt, Henry Jackson, 1819-1889

Autograph letter signed

Title: to Henry Knox Craig

He comments on Andrew Johnson's pending impeachment trial Says, "It seems to me that it is a predetermination to get rid of Mr. Johnson…and the prospect that the Reconstruction Acts may be declared unconstitutional in the decision on the McCardle case only makes the necessity of his removal greater: I therefore think that the P. [President] will be convicted and removed anyhow: then it will be utterly useless to attempt to get justice as against G. [Grant?] and G. [Grant?] will take precious good care that justice shall not be obtained as against Thomas." Also discusses results of the New…

GLC02382.038

2 April 1868

Hunt, Henry Jackson, 1819-1889

Autograph letter signed

Title: to Henry Knox Craig

He is working for pay for retired soldiers. Comments on the Supreme Court decision in the McCardle case and President Andrew Johnson's impeachment. Expresses strong feelings about the Republican party and Reconstruction, criticizing the unfair treatment of rebels. "I don't wonder that you characterize so severely that little dodge by which the Supreme Court was ousted of its jurisdiction in the McArdle [McCardle] case…." Compares it to a scene from Tristram Shandy of "accomplishing a purpose and avoiding the responsibility." Discusses the Radical Republican tactic of disallowing votes from…

GLC02382.040

1860/12/27

Wardlaw, D.L., fl. 1860

Manuscript document

Title: Copy of Committee resolution authorizing Gov. to declare martial law

Clerical copy written in the hand of B.F. Arthur, signed for Winslow (as chair of the Secession Convention).

GLC02271

1851

Pamphlet

Title: The South Bend fugitive slave case, involving the right to a writ of habeas corpus.

Reports on the legal case of Norris vs. Newton. Case pertains to an enslaved person seeking emancipation. Marked for sale at the Anti-slavery office, 48 Beekman Street, 1851.

GLC00267.144

1863

Howard, Frank Key, 1826-1872

Pamphlet

Title: Fourteen months in American Bastiles.

Published by Kelly, Hedian & Piet, Baltimore. Howard writes of his experience in prison. In the preface, Howard criticizes President Abraham Lincoln's policies during the Civil War, "The unlawful and oppressive acts of Mr. Lincoln ... " Francis Key Howard, the grandson of Francis Scott Key and a pro-Confederate Baltimore editor, was imprisoned for treason for fourteen months at Fort McHenry in September 1861. In all, 30 legislators from Maryland were seized for suspected disloyalty to the U.S. government. Most if not all were never given any criminal charge, and all were denied trial.

GLC00267.356

February 19, 1807

Ellery, William, 1727-1820

Autograph letter signed

Title: to William Stedman

Writes that he received his last letter and had hoped Stedman would provide some political news but since Stedman is apathetic about politics, Ellery must read the newspapers. Asks who originated the suspension on Habeas Corpus and mentions that General James Wilkinson wants it suspended. Shares a recollection about Wilkinson at Valley Forge and his role in the Conway Cabal. Comments that he expected to have heard more about Aaron Burr's rebellion. Asks his opinion of Napoleon's blockade and states, "It seems to me that it will prevent our filling the Treasury as fast as he draws from it…

GLC00298

31 March 1797

McKean, Thomas, 1734-1817

Document signed

Title: Writ of habeas corpus for Thomas Huling

Partially printed document on blue paper. Counter-signed by Edward Burd on recto. Signed by judges Sam Laird and John Jordan on verso.

GLC00184.30

1781

Great Britain. Acts.

Pamphlet

Title: An act to empower his majesty to detain persons....

Printed by Charles Eyre and William Strahan.

GLC00403

5 February 1862

Bates, Edward, 1793-1869

Autograph letter signed

Title: to G. Welles

The recipient is possibly Gideon Welles, Secretary of the Navy. Bates, United States Attorney General, asks Welles to return an essay by Mr. Binney (possible Horace Binney) on the suspension of the writ of Habeas Corpus. States "The work is in great demand, & somebody has hooked my last copy." Relates that he has been ill for several days.

GLC02490.01

30 August 1861

Fremont, John Charles, 1813-1890

Broadside

Title: Fremont's proclamation

Issued from Headquarters of the Western Department. Fremont, department commander, declares martial law over the state of Missouri to counteract "the total insecurity of life, and the devastation of property by bands murderers and marauders, who infest nearly every county in the State and avail themselves of the public misfortunes and the vicinity of a hostile force to gratify private and neighborhood vengeance." Fremont issues a second proclamation on the same day, reminding the military that severe action mandated by the new law should be limited, and confined to few cases. Followed by…

GLC02654