Pamphlets related to Horace Binney's essay on President Abraham Lincoln's suspension of the writ of habeas corpus [Decimalized .01-.12]
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Gilder Lehrman Collection #: GLC08599 Author/Creator: Place Written: Philadelphia, Pennsylvania Type: Pamphlet Date: 1862 Pagination: 12 pamphlets Order a Copy
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 struggle between the power of executive and the right of the individual in relation to the writ of habeas corpus. The collection includes responses to Binney's opinion, as well as a discussion of Chief Justice Roger B. Taney's decision in the John Merryman case.
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