Habeas Corpus in the Civil War Seminar
Document A
(U.S. Constitution, Art. I, Sec. 9).
"The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it"
Document B
Proclamation Suspending the Writ of Habeas Corpus
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA:
A PROCLAMATION
Whereas, it has become necessary to call into service not only volunteers but also portions of the militia of the States by draft in order to suppress the insurrection existing in the United States, and disloyal persons are not adequately restrained by the ordinary processes of law from hindering this measure and from giving aid and comfort in various ways to the insurrection;
Now, therefore, be it ordered, first, that during the existing insurrection and as a necessary measure for suppressing the same, all Rebels and Insurgents, their aiders and abettors within the United States, and all persons discouraging volunteer enlistments, resisting militia drafts, or guilty of any disloyal practice, affording aid and comfort to Rebels against the authority of United States, shall be subject to martial law and liable to trial and punishment by Courts Martial or Military Commission:
Second. That the Writ of Habeas Corpus is suspended in respect to all persons arrested, or who are now, or hereafter during the rebellion shall be, imprisoned in any fort, camp, arsenal, military prison, or other place of confinement by any military authority of by the sentence of any Court Martial or Military Commission.
In witness whereof, I have hereunto set my hand, and caused the seal of the United States to be affixed.
Done at the City of Washington this twenty fourth day of September, in the year of our Lord one thousand eight hundred and sixty-two, and of the Independence of the United States the 87th.
ABRAHAM LINCOLN
By the President:
WILLIAM H. SEWARD, Secretary of State.
Pre-Seminar:
1. Students will participate in a 4 corners opinion activity in which they should cluster themselves around one of 4 answers (Strongly Agree, Agree, Disagree, Strongly Disagree) to the following prompt:
During a time of war, the President should be granted unlimited power to fight the war and gain victory.
2. Define Habeas Corpus.
A writ of habeas corpus is a judicial order to a prison official ordering that an inmate be brought to the court so it can be determined whether or not that person is imprisoned lawfully and whether or not he should be released from custody. A habeas corpus petition is a petition filed with a court by a person who objects to his own or another's imprisonment.
3. Distribute Page 1 of this document and have students read and highlight important words and phrases.
(5-10 minutes)
4. After the students have taken 5-10 minutes to read and highlight important parts of the documents, explain the purpose and groundrules of a productive seminar
a. Purpose- To arrive at a better understanding of the document and the ideas within the document through an open discussion.
b. Ground Rules-
i. No hand-raising
ii. Refer to each other by names
iii. If you disagree with a point; do not disagree with the person, disagree with the ideas
iv. Refer to the document
v. Speak to the group, not the teacher
vi. Limit “side-bar” discussions
Seminar
Opening:
Ø Does it appear to you that the Suspension of Habeas Corpus in 1862 was Constitutional? Why?
Core:
Ø Was the suspension of Habeas Corpus needed in 1862? Why or why not?
Ø Do you believe that Abraham Lincoln made a strong case for suspending Habeas Corpus? Why would this order by Lincoln be controversial?
Ø Do you believe Lincoln acted lawfully by issuing this order?
Ø Do you believe Lincoln acted fairly by issuing this order?
Closing:
Ø How do you think this issue relates to today?
Ø In what circumstances do you believe someone’s right to a writ of habeas Corpus could be denied today?
Post-Seminar
Ø Choose one of the following activities to complete:
o Write a 2-page letter to Abraham Lincoln from the perspective of one of the following people supporting or opposing his decision to suspend Habeas Corpus.
§ A Supreme Court Judge
§ A citizen of Maryland
§ A citizen of a Northern state
§ A Radical Republican
§ A soldier in the Union army
§ A foreign diplomat
§ A political rival
o Create a 2-page essay or a 10- slide cartoon strip comparing Lincoln’s suspension of Habeas Corpus to imprisonment of modern-day terror suspects.