Controversy about President Abraham Lincoln’s suspension of the writ of habeas corpus continued into the second year of the Civil War. Congress responded with this bill—signed into law on March 3, 1863—that supported the president and gave him authority to suspend the writ of habeas corpus as necessary for public safety during the rebellion.
Records of the U.S. House of Representatives, National Archives and Records Administration
H.R. 591, A bill giving the President the right to suspend the Writ of Habeas Corpus, December 8, 1862
Response to Rebellion
In April 1861, Confederate forces attacked U.S. troops at Fort Sumter in South Carolina, plunging the country into civil war. Moving quickly against the insurrection, President Abraham Lincoln called up the militia and suspended the writ of habeas corpus—a legal order enabling an individual to seek release from unlawful detention. In suspending that privilege, Lincoln exercised an authority constitutionally reserved for Congress. Lincoln then called the entire Congress into extraordinary session, where he sought congressional approval of his actions.
Controversy about President Abraham Lincoln’s suspension of the writ of habeas corpus continued into the second year of the Civil War. Congress responded with this bill—signed into law on March 3, 1863—that supported the president and gave him authority to suspend the writ of habeas corpus as necessary for public safety during the rebellion.
Records of the U.S. House of Representatives, National Archives and Records Administration
