Abraham Lincoln Suspension Of Strangeness

Introduction While the expression that “War makes strange bedfellows” might be accurate, it is however incomplete. Perhaps it would have been better for “War makes for strangeness to have been the expression and, perhaps, this is best viewed through the lens of the legal difficulties faced by those in charge of a nation at war. War places an executive in the difficult situation of balancing the safety and existence of their nation against the ability to maintain personal freedoms. While many Presidents have faced this dilemma, from Bush in the modern era to Madison, arguably, the first to deal with it , none stand out quite so much as Abraham Lincoln, who had to find his way through this tricky issue where almost no clear legal precedent existed

First, and foremost, it is important to establish that Lincoln did not take such action lightly, referring to it as the “extremist necessity” , even placing it as a more extreme action than the bombardment of cities (bear in mind that Lincoln was referring to the people of Maryland, specifically Baltimore, in this writing, a state that had yet to declare itself for the Confederacy and, ultimately, would not.) His hesitance was also in part due to the grey legal area that Lincoln knew he was moving into, having consulted Attorney General Edward Bates and receiving little in the way of clarity, though the digest did include a judge’s opinion that only Congress possessed the power to suspend the

“Unlike others in his party, Lincoln had grudgingly admired Jackson's forcefulness and willingness to take responsibility in crises.” Jackson, whom Lincoln would quote in his inaugural address and invoke when he urged the Marylanders to remain a part of the Union, seemed an able guide for Lincoln since his powers as a General in times of war would mirror Lincoln’s own during a rebellion. What remained was for actions in Maryland progress to the point where such extremes became warranted. Given the nature of suspending Habeas Corpus, the seriousness which Lincoln held such an action, what justification could be held for Lincoln’s actions? First, examine the letter Lincoln would write to General Winfield Scott:

You are engaged in repressing an insurrection against the laws of the United States. If at any point on or in the vicinity of the military line, which is now being used between the City of Philadelphia and the City of Washington, via Perryville, Annapolis City, and Annapolis Junction, you find resistance which renders it necessary to suspend the writ of Habeas Corpus for the public safety, you, personally or through an officer in command at the point where the resistance occurs, are authorized to suspend the