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Habeas Corpus is a legal right specifically guaranteed to the people in the United States Constitution. The right of Habeas Corpus supposedly prevents the government from arbitrarily arresting people and holding them indefinitely, without charges being made against them or without a trial. The right protects against "illegal" arrest and detention. Since Lincoln "suspended" the right, this meant the government COULD arrest people on mere suspicion, or for speaking out against the war, and hold them as long as they pleased, without charges, or without giving them their day in Court.

Whether you think this was justified would depend on your own personal perspective. As Lincoln said, he felt that it would be foolish to allow the whole of the American government to be brought crashing down, while protecting this one right. But, if the right has to be given up to preserve the government, is the government what its supposed to be? To southerners this was further evidence of Lincoln's despotic tendencies. As a practical matter Lincoln had to suspend the right to keep the lawmakers of Maryland locked up, or else Maryland would secede, like the other southern states, leaving Washington DC surrounded by seceded states. But these WERE the elected representatives of the people of Maryland, seeking to carry out the wishes of the people of the state. So Lincoln suspended the right, so he could keep the people from having what they wanted.

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14y ago

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During the course of the US Civil War, US president Lincoln suspended the writ of habeas corpus several times. His rational for this was it was needed to protect the Union from treason on behalf of the Confederacy. He claimed that as a war measure to protect the US, Northern dissidents needed to be jailed without due process.

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9y ago
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Lincoln jailed the pro-Confederate leaders of Maryland, in order to keep that state loyal.

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13y ago
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President Abraham Lincoln

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15y ago
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president Abraham Lincoln

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13y ago
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Q: What president suspended habeas corpus during the civil war?
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