The Trial of Abraham Lincoln

The Trial of Abraham Lincoln

Abraham Lincoln faces impeachment for exceeding his Constitutional authority as President of the United States during the Civil War. Specifically, he is accused of abusing the powers granted to him as Commander in Chief in Article II of the Constitution. President Lincoln is charged with:

1. Denying citizens of the United States due process as guaranteed by the 5th Amendment to the Constitution through the suspension of the writ of habeas corpus and the use of military courts.

2. Violating the Constitutional authority of the legislative branch to make laws by issuing the Emancipation Proclamation, which freed slaves in designated areas of the United States without the consent of the affected states or the United States Congress.

Each student will assume a role in the impeachment trial. Grades will be based on participation during the trial as well as any required written assessment. The roles are listed below:

Prosecuting attorneys (5)

Defense attorneys (5)

Jurors (12)

Defendant—Abraham Lincoln

Witnesses for the prosecution:

Lambdin Milligan—Accused and tried in a military court for conspiracy against the U.S. government

Roger B. Taney—Supreme Court Justice during the Civil War

John Merryman—Petitioned court for a writ of habeas corpus after being arrested by Union troops

Clement Vallandigham—Ohio politician arrested for criticizing the government

Jefferson Davis—President of the Confederate States of America and former U.S. Senator

(extra role if needed)Thaddeus Stevens – Radical Republican leader in the House of Representatives

(extra role if needed) Ex. President Pierce

Witnesses for the defense:

William H. Seward—Secretary of State in Lincoln’s administration

Edwin Stanton—Secretary of War in Lincoln’s administration

Frederick Douglass—Abolitionist and advocate of African Americans serving in the armed forces

Ambrose Burnside—Union general who issued General Order #38

Ulysses S. Grant—Union general in command of the Army of the Potomac

(extra role if needed) Edward Bates – Attorney General in Lincoln’s Administration

(extra role if needed) Thurlow Weed – principal political advisor to William H. Seward

Procedures for the Impeachment trial

1. The prosecution will make an opening statement that shall not exceed two minutes in length. The defense will follow with its two-minute statement.

2. The prosecution will call its witnesses. Each witness for the prosecution will read a prepared statement explaining his role in the charges against Abraham Lincoln. After each witness reads his testimony, the defense attorneys will have the opportunity to question the witness. The defense can ask no more than three questions of each witness. The witness will then submit their prepared statement to the court to be entered as evidence. Once all witnesses for the prosecution have testified, the prosecution will rest its case.

3. The defense will then call its witnesses. Each witness for the defense will read a prepared statement explaining his role in the charges against Abraham Lincoln. After each witness reads his testimony, the prosecuting attorneys will have the opportunity to question the witness. The prosecution can ask no more than three questions of each witness.

4. The final witness will be President Abraham Lincoln. Lincoln will read a prepared statement, then answer no more than three questions from the prosecution, followed by no more than three questions from the defense. The defense will then rest its case.

5. The prosecution will make a closing statement no more than three minutes in length. The defense will then make its closing statement of the same length.

6. The case will then be turned over to the jury for deliberations. Jurors will discuss the merits of the case and return to the courtroom with a verdict. At least two-thirds of the jury must vote to convict in order for the president to be removed from office. Each member of the jury will then write a one-page statement explaining their rationale for their vote.

7. The judge will read the verdict aloud in court, determining whether the president shall be removed from office or serve out the rest of his elected term.

Responsibilities and assignments for each of the roles:

Prosecuting Attorneys: Prosecutors need to be familiar with the role of each witness. They need to prepare questions to cross-examine the witnesses for the defense. One of the prosecutors must prepare an opening statement, and another prosecutor must prepare closing arguments. Notes, questions and statements will be submitted for grading.

Defense Attorneys: Defense council should be familiar with the role of each witness. They need to prepare questions to cross-examine witnesses for the prosecution. One of the defense attorneys must prepare an opening statement, and another defender should prepare closing arguments. Notes, questions and statements will be submitted for grading.

Jurors: Jurors need to pay attention to testimony from each witness and take notes if necessary during the trial. Jurors will need to discuss the testimony and reach a verdict, then write a one-page paper explaining why they reached the conclusion that they did.

Defendant: Lincoln must be familiar with his policies during the Civil War. Although Lincoln does not need to prepare a written statement prior to taking the stand, he must be ready to answer questions from both the prosecution and defense. Grading will be based on the preparedness of the defendant.

Witnesses: Each witness must conduct research on his role during the Civil War and write a one-page statement to be submitted to the court. Grades will be based on the statement as well as the ability to answer questions under cross-examination.

Important legal concepts , documents, and court cases

Article II, sections 2 and 3 of the United States Constitution define the powers of the President.

Section 2—The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any subject relating to the Duties of their respective Offices, and he shall have the Power to Grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment…

Section 3—He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

Writ of habeas corpus—legal concept that requires a person under arrest to be brought before a judge; it ensures that a prisoner can be released from unlawful detention

Ex parte Milligan—Supreme Court case that ruled the application of military courts to citizens when civilian courts were still operating was unconstitutional. (1866)

Ex parte Merryman—Federal court case dealing with the suspension of habeas corpus during the Civil War. (1861)

Helpful websites

www.constitutioncenter.org/lincoln/html/introduction.html

www.firstamendmentcenter.org/civil-war-tested-lincolns-tolerance-for-free-speech-press

www.mrlincolnswhitehouse.org