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| Field name | Value |
|---|---|
| Collection Reference Number | GLC08599.01 |
| From Archive Folder | Pamphlets related to President Lincoln's suspension of habeas corpus |
| Title | The privilege of the writ of habeas corpus under the Constitution |
| Date | 1862 |
| Author | Binney, Horace (1780-1875) |
| Document Type | Pamphlet |
| Content Description | Printed by C. Sherman & Son. Second edition. The first part, 58 pages in length, discusses "The right of the President of the United States, in time of rebellion, and when the public safety in his judgment requires, to arrest and detain a freeman, in temporary denial or delay of bail, trial, or discharge ... of his privilege of the Writ of Habeas Corpus ..." A second section, 50 pages in length, examines "a doctrine of certain writers, that the Habeas Corpus clause in the Constitution does not give power to anybody to suspend the privilege of the Writ, but is only restrictive of the otherwise plenary power of Congress, to withhold, suspend, or repeal the Writ of Habeas Corpus at their mere discretion or pleasure." Cover is missing, and Binney's name is written in pencil on the title page. For related documents see GLC8599.02-.12 |
| Subjects | Civil War Military History Union Forces US Constitution Law Habeas Corpus Congress Civil Rights Bill of Rights President |
| People | Binney, Horace (1780-1875) Lincoln, Abraham (1809-1865) |
| Place written | Philadelphia, Pennsylvania |
| Theme | The American Civil War; Government & Politics; Law; The Presidency |
| Sub-collection | Papers and Images of the American Civil War |
| Additional Information | Horace Binney, an influential American legal figure, served as a United States Representative from Pennsylvania 1833-1835. In 1861, President Abraham Lincoln suspended the writ of habeas corpus for all military related cases. Suspension of this writ, which is guaranteed by Article I of the United States Constitution, provoked much controversy. Binney's pamphlet, which supported Lincoln's decision, also ignited fierce debate. |
| Copyright | The Gilder Lehrman Institute of American History |
| Module | Civil War, Reconstruction and the Modern Era: 1860-1945 |