Habeas Corpus Suspension Act 1863

Habeas Corpus Suspension Act

Long title	An Act relating to Habeas Corpus, and regulating Judicial Proceedings in Certain Cases
Citations
Statutes at Large	12 Stat. 755
Legislative history
Introduced in the House of Representatives as H.R. 591, A bill to indemnify the President and other persons for suspending the privilege of the writ of habeas corpus, and acts done in pursuance thereof by Thaddeus Stevens on December 5, 1862 Committee consideration by House Judiciary, Senate Judiciary Passed the House of Representatives on December 8, 1862 (90–45) Passed the Senate on January 28, 1863 (33–7) Reported by the joint conference committee on February 27, 1863; agreed to by the House of Representatives on March 2, 1863 (99–44) and by the Senate on March 2, 1863 (voice vote) Signed into law by President Abraham Lincoln on March 3, 1863
Major amendments
14 Stat. 46 (1866), 14 Stat. 385 (1867)
United States Supreme Court cases
ex parte Vallandigham, 68 U.S. (1 Wall.) 243 (1864) ex parte Milligan, 71 U.S. (4 Wall.) 2 (1866)

The Habeas Corpus Suspension Act, 12 Stat. 755 (1863), entitled An Act relating to Habeas Corpus, and regulating Judicial Proceedings in Certain Cases, was an Act of Congress that authorized the president of the United States to suspend the privilege of the writ of habeas corpus in response to the United States Civil War and provided for the release of political prisoners. It began in the House of Representatives as an indemnity bill, introduced on December 5, 1862, releasing the president and his subordinates from any liability for having suspended habeas corpus without congressional approval. The Senate amended the House's bill, and the compromise reported out of the conference committee altered it to qualify the indemnity and to suspend habeas corpus on Congress's own authority.Abraham Lincoln signed the bill into law on March 3, 1863, and suspended habeas corpus under the authority it granted him six months later. The suspension was partially lifted with the issuance of Proclamation 148 by Andrew Johnson, and the Act became inoperative with the end of the Civil War. The exceptions to his Proclamation 148 were the States of Virginia, Kentucky, Tennessee, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, Arkansas, and Texas, the District of Columbia, and the Territories of New Mexico and Arizona.

At the outbreak of the United States Civil War in April 1861, Washington, D.C., was largely undefended, rioters in Baltimore, Maryland threatened to disrupt the reinforcement of the capital by rail, and Congress was not in session. The military situation made it dangerous to call Congress into session.Abraham Lincoln, the president of the United States, therefore authorized his military commanders to suspend the writ of habeas corpus between Washington, D.C., and Philadelphia (and later up through New York City). Numerous individuals were arrested, including John Merryman and a number of Baltimore police commissioners; the administration of justice in Baltimore was carried out through military officials. When Judge William Fell Giles of the United States District Court for the District of Maryland issued a writ of habeas corpus, the commander of Fort McHenry, Major W. W. Morris, wrote in reply, "At the date of issuing your writ, and for two weeks previous, the city in which you live, and where your court has been held, was entirely under the control of revolutionary authorities."

...
Wikipedia