History of the United StatesBeard, Charles A. (Charles Austin)
History
History of the United States
Beard, Charles A. (Charles Austin)
United States -- History
=The Restraint of Civil Liberty.=--As in all great wars, particularly
those in the nature of a civil strife, it was found necessary to use
strong measures to sustain opinion favorable to the administration's
military policies and to frustrate the designs of those who sought to
hamper its action. Within two weeks of his first call for volunteers,
Lincoln empowered General Scott to suspend the writ of _habeas corpus_
along the line of march between Philadelphia and Washington and thus to
arrest and hold without interference from civil courts any one whom he
deemed a menace to the union. At a later date the area thus ruled by
military officers was extended by executive proclamation. By an act of
March 3, 1863, Congress, desiring to lay all doubts about the
President's power, authorized him to suspend the writ throughout the
United States or in any part thereof. It also freed military officers
from the necessity of surrendering to civil courts persons arrested
under their orders, or even making answers to writs issued from such
courts. In the autumn of that year the President, acting under the terms
of this law, declared this ancient and honorable instrument for the
protection of civil liberties, the _habeas corpus_, suspended throughout
the length and breadth of the land. The power of the government was also
strengthened by an act defining and punishing certain conspiracies,
passed on July 31, 1861--a measure which imposed heavy penalties on
those who by force, intimidation, or threat interfered with the
execution of the law.
Thus doubly armed, the military authorities spared no one suspected of
active sympathy with the Southern cause. Editors were arrested and
imprisoned, their papers suspended, and their newsboys locked up. Those
who organized "peace meetings" soon found themselves in the toils of the
law. Members of the Maryland legislature, the mayor of Baltimore, and
local editors suspected of entertaining secessionist opinions, were
imprisoned on military orders although charged with no offense, and were
denied the privilege of examination before a civil magistrate. A Vermont
farmer, too outspoken in his criticism of the government, found himself
behind the bars until the government, in its good pleasure, saw fit to
release him. These measures were not confined to the theater of war nor
to the border states where the spirit of secession was strong enough to
endanger the cause of union. They were applied all through the Northern
states up to the very boundaries of Canada. Zeal for the national cause,
too often supplemented by a zeal for persecution, spread terror among
those who wavered in the singleness of their devotion to the union.
Public-domain text, read in full here on John Shaqi.
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