ipl-logo

How Did Abraham Lincoln Rash Or Unjust

717 Words3 Pages

Habeas Corpus is a legal term meaning “the government cannot hold you without cause”. During Abraham Lincoln’s presidency this issue caught fire because on May 25, 1861 John Merryman was arrested for recruiting, training Confederate(southern) soldiers in the north. Abraham Lincoln suspension was a rash and unjust decision because it was used for personal agenda. Also it would allow the soldiers to become judges, executioners, and juries.of the so-called criminals. Another reason is he tried to make an example out of John Merryman.
Abraham Lincoln suspension was a rash and unjust decision because it was used for personal agenda. It was used for personal agenda because Abraham Lincoln wanted to keep anything and anyone who supported the southern …show more content…

April 19, 1861 troops from massachusetts volunteer squad moving through Baltimore to Washington were gunned down by a southern mob. The mob shot at the troops and when the troops opened fired on the mob causing 4 troops and 12 civilians dead in the streets. Therefore a angry Governor Thomas Holliday Hicks called a special meeting. John Merryman was ordered by Governors Hicks to blow up bridges in attempt to stop troops coming from Pennsylvania to Baltimore and starting riots. On May 25, 1861 federal troops arrested John Merryman for treason and Merryman was sent to Fort McHenry. While John Merryman was in McHenry, his lawyer petitioned Chief Justice Roger Brooke. After one of Lincoln disobeyed the court.Chief Justice Brooke let out his opinion saying” only congress could suspend habeas corpus”, with that John Merryman was released from Fort McHenry. Due to Chief Justice Brooke’s ruling it was now ruled that only habeas corpus cases be dealt by only the president and congress from here on out. Along with John Merryman, others member of the Maryland legislators were arrested because Abraham Lincoln thought they were working for the south. With that being said, they were released based on the same criteria as John Merryman was released

Show More
Related

  • Summary Of The Petitioner V. Collins

    603 Words  | 3 Pages

    The writ of habeas corpus is a summons that is directed to anyone who is holding a prisoner to give the directive of taking the prisoner before court for the custodian to present proof of authority that would permit the court of law to decide the legality of the detention of the prisoner or the convict in question (Herrera v. Collins, 506 U.S. 390). The fact that the petitioner does not seek the excusal of a procedural error which would enable him to bring in an independent legal claim that would challenge his conviction or his sentence, but goes ahead to argue that he is entitled to habeas relief courtesy of the new evidence showed the factual incorrectness of his conviction (Herrera v. Collins, 506 U.S. 390). The petitioner claimed that his execution would be a violation of the eight amendment and the fourteenth

    Read More

  • What Legal Or Perceived Authority Did Lincoln Act On?

    139 Words  | 1 Pages

    So what legal or perceived authority did Lincoln act on? When the South attacked Fort Sumter in April 186, Lincoln almost immediately started his quest to circumvent the Constitution. He would justify his actions not on law, rather his interpretation of judicial review. However, his decisions stretched the meaning of the Constitution and violated many sections of the document. Lincoln amplified Constitutional lines by raising money for troops without the approval of the U.S. Treasury, suspending that writ of habeas corpus and the issuance of his Emancipation Proclamation. The President openly admitted that his original proclamation held no true legal authority; it was issued as a measure of war and not a true attempt at emancipation.

    Read More

  • How Did Clinton And Horwitz Be Considered A Total War

    689 Words  | 3 Pages

    Habeas corpus is the right of a person who is arrested to have a trial. By suspending habeas corpus, President Lincoln is preventing everyone who is arrested from being released. While the northern army was traveling around, people kept burning bridges and other nuances to slow their advances. Lincoln had to find a way to prevent this from happening so he suspended habeas corpus and had some of the perpetrators arrested. Lincoln said, “... often a limb must be amputated to save a life; but a life is never wisely given to save a limb.”

    Read More

  • Lincoln And The Triumph Of Nations By Mark E. Neely

    608 Words  | 3 Pages

    It is noted that “in suspending the privilege of the writ of habeas corpus while congress was not in session, Lincoln did exactly what he should have done to save the Union” (p. 104). What Lincoln did was necessary to ensure the Union remained intact and its citizens remained loyal. In his text, Neely asserts that there were three main issues of the civil war which are as follows- the sources of Lincolns constitutionalism ideas and thought process, the writ of habeas corpus, and emancipation. These three aspects were crucial throughout the Civil War but another aspect that was more paramount and influential in the eyes of Neely was that of the Federal and Confederate constitutions. Both of these constitutions served as instruments to fuel nationalism amongst their respective sides.

    Read More

  • Why Did Abraham Lincoln Abuse His Power

    232 Words  | 1 Pages

    Lincoln did abuse abuse his power. He abused his power by ordering a blockade and 75,000 enlistments and his Decision to be more aggressive to win the war. Abraham Lincoln by George McGovern is my book club book. A quote that supports the abuse of power is, “He ordered a blockade of southern ports (a move that proved to be an effective use of Union naval superiority), and he called for 75,000 voluntary enlistments to serve for ninety days (a number that would become pitifully insane” (81). He over used his power and in result of this nothing happened or progressed.

    Read More

  • Supreme Court Cases: Bands V. United States

    1408 Words  | 6 Pages

    Rulings such as The Prize Cases 1862, Ex parte Merryman 1861, Ex parte Milligan 1866, Korematsu v. United States 1944, Youngstown Sheet and Tube v. Sawyer 1952, Rasul v Bush/ Handi v. Rumsfeld 2004, Bands of State of Washington v. United States 1929, Train v. City of New York 1975, Clinton v. City of New York 1998, United States v. Nixon 1974, Nixon v. Fitzgerald 1982, Clinton v. Jones 1997, Myers v. United States 1926 are Supreme Court cases that were fought to control the power of the president. Even the most influential and honored president has abused of the power granted to them. In the court case, Ex parte Milligan 1866 president Abraham Lincoln suspended the writ of habeas corpus ignoring the ruling that it was unconstitutional. Court case Korematsu v. United States 1944 questioned if the ruling of president Franklin Roosevelt Executive Order 9066 was constitutional as it placed Japanese- Americans in internment camps during World War II regardless of their citizenship. Court case Youngstown Sheet and Tube v. Sawyer 1952

    Read More

  • How Did Abraham Lincoln Went Against The Bill Of Rights

    1079 Words  | 5 Pages

    The supreme court is the interpreters of the Constitution, and if they say that something is not allowed, it means that it is against the Constitution. By taking a power of Congress and then ignoring the Supreme Court, he had been extremely unconstitutional with the decision to suspend Habeas

    Read More

  • Merryman Vs Lincoln

    249 Words  | 1 Pages

    The Supreme Court did not share Lincoln’s opinion. Especially, the Chief Justice Roger Taney who, in his role as the federal circuit judge, ruled that Lincoln’s suspension of Habeas Corpus was unconstitutional in a decision called Ex Parte Merryman. He did so after his recommendation for a trial of Merryman in order to determine if there were any legitimate reasons for his arrest met if refusal form Merryman captors. In the end, The President ignored Taney ruling, and Congress never contested Lincoln’s Habeas Corpus decision. Lincoln also met with strong resistance form the general public in regards to his executive order.

    Read More

  • How Did Lincoln Abuse His Power

    990 Words  | 4 Pages

    In conclusion, all of Lincoln`s “controversial” decisions was to keep the union together. Its all justifiable even though these actions were technically an abuse of presidential power. It can be argued that he abused the power of the presidency when he suspended the Writ of Habeas Corpus and upheld the Declaration of

    Read More

  • The Irony Of The Writ Of Habeas Corpus

    866 Words  | 4 Pages

    Lincoln crossed the line from Executive powers into the Legislative powers. Suspending the writ of habeas corpus is a lawmaking activity which falls under the legislative

    Read More

  • How Abraham Lincoln Caused The Civil War

    740 Words  | 3 Pages

    Abraham Lincoln caused the civil war. Abraham Lincoln was elected the 16th president on November 16, 1860. Abraham was the first republican president ever. He was born near Hodgenville, Kentucky on February 12, 1809. His family moved to Indiana when he was seven and he grew up on the frontier.

    Read More

  • Is Frederick Douglass Fair Or Unfair

    1161 Words  | 5 Pages

    Frederick Douglass throws light onto the American slave system by explaining how things really were. He explained how they were treated. Not how the slave owners said that they treated their slaves. They were treated like they were just property and an object they could play around with. He also throws light on how slaves were stripped from their rights.

    Read More

  • How Did Abraham Lincoln Deserve To Be The Great Emancipator

    695 Words  | 3 Pages

    Vu Pham Professor Sunshine McClain History 170 May 22, 2016 Abraham Lincoln Does Not Deserve To be The Great Emancipator Abolition of slavery was a big controversy in the United State of America in the nineteenth century due to the different stances between northern and southern states which led to the American Civil war. At the present time, Abraham Lincoln was the president of the United States who supported the north (Union) thought that free the slave could help him united all the states. As the result, he passed out the Emancipation Proclamation on September 22, 1862, which give freedom to slaves in the states that the Union did not control. After the war, he issued the Thirteenth Amendment on December 6, 1865, to free all slaves.

    Read More

  • Was Abraham Lincoln An Abolitionist?

    369 Words  | 2 Pages

    A common controversy in American history is the fact that Abraham Lincoln freed the slaves. Many claim that he freed them with the Emancipation Proclamation but it’s more complex than that. There were many events that helped free slaves and the Emancipation was only a small portion of America’s journey to freedom and “equality”. In reality, Lincoln helped the process of freeing the slaves but, he did not do it himself. Lincoln was not an abolitionist.

    Read More

  • Abraham Lincoln Informative Essay

    514 Words  | 3 Pages

    Over hundreds of years America has had many presidents, some able to complete the tasks at hand, but many were not worthy of leading this nation. President Abraham Lincoln was one of the few who led the United States of America with great strength and courage. Abraham Lincoln was the best U.S. president because he had a great impact on ending slavery and he was one of the greatest natural strategists and leaders of all time. Abraham Lincoln is considered to be America 's wisest president. Abraham Lincoln, "proved to be a shrewd military strategist and a savvy leader during what became the costliest conflict ever fought on American soil."

    Read More

More about How Did Abraham Lincoln Rash Or Unjust

Open Document