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Is ‘Military Necessity’ Enough? Lincoln’S Conception Of Executive Power In Suspending Habeas Corpus In 1861, Evan Mclaughlin Dec 2017

Is ‘Military Necessity’ Enough? Lincoln’S Conception Of Executive Power In Suspending Habeas Corpus In 1861, Evan Mclaughlin

Seton Hall University Dissertations and Theses (ETDs)

In May 1861, President Abraham Lincoln's decision to suspend habeas corpus in Baltimore following an attack on Federal troops as they marched through Baltimore on April 19th to answer Lincoln’s call to defend the Capitol. To complicate matters further, Congress was still in recess, so they could not legislate a solution to the growing insurgency. In order to check these actions, Abraham Lincoln authorized General Scott to suspend Habeas Corpus between Baltimore and Philadelphia. When John Merryman was arrested, detained, and denied habeas corpus, Chief Justice Roger B. Taney issued an in-chambers decision, Ex Parte Merryman, to voice his …


Loving, Hector Voltaire, 1839-1913 (Sc 3123), Manuscripts & Folklife Archives Jun 2017

Loving, Hector Voltaire, 1839-1913 (Sc 3123), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid and full-text typescript (click on "Additional Files" below) for Manuscripts Small Collection 3123. Letter, 31 July 1862, of Hector V. Loving, Bowling Green, Kentucky, to Harlan P. Lloyd, Angelica, New York. He tells his former schoolmate of his law study and practice since graduation from New York’s Hamilton College, and particularly describes the uproar in his home town of Bowling Green, Kentucky at the outbreak of the Civil War: secessionist “treason,” the Confederate occupation, and the rebuilding of the city afterward. He also refers to their classmate and law student Daniel Webster Wright as a “violent” secessionist.