Perhaps Lincoln’s most bold move came only days after the first shots were fired at Fort Sumter. On April 27, 1861 the writ of habeas corpus was suspended for an area between Philadelphia and Washington DC. This was a response to riots that had occurred in Maryland, a northern state with strong Confederate sympathies, resulting in civilian and military casualties. The riots prompted Abraham Lincoln to crack down on political opposition. This crackdown, however, allowed him to not only order the military to arrest and imprison suspected wartime criminals, but also people who disagreed with his policies. By issuing this order, Lincoln assumed a power belonging to Congress, and only then during rebellion or invasion- neither of which existed in the area in April of 1861. This was not the only time the basic right was infringed upon. In 1862, only days after the Emancipation Proclamation was signed, Lincoln suspended the writ of habeas corpus throughout the entire United States, authorizing military trials for “all rebels and insurgents, their aiders and abettors, and all persons discouraging volunteer enlistments, resisting militia drafts, or guilty of any disloyal practice.” This action would lead to the arrest of more than …show more content…
In his eyes, he had been elected to decide when an emergency existed and to take measures to deal with it. In doing so, Lincoln maintained that the President was not in any way subordinate to Congress. Moreover, he demonstrated that the commander in chief had a duty that went beyond the duty of Congress and the courts, a duty that required steady executive action in times of crisis. Lincoln's actions pointed to the idea that the President alone is sworn to protect and serve the United States and that, in wartime, this power makes the President of the United States responsible for the endurance of the