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|Collection Reference Number
|From Archive Folder
|Pamphlets related to President Lincoln's suspension of habeas corpus
|Authorities cited antagonistic to Horace Binney's conclusions on the writ of habeas corpus
|Jackson, Tatlow (fl. 1862-1873)
|Published by John Campbell. Jackson states "Having carefully read Mr. Horace Binney's pamphlet 'The Privilege of the Writ of Habeas Corpus under the Constitution,' and conscientiously believing the doctrine therein inculcated to be of an anti-Republican tendency, and the conclusion- 'The President being the properest and the safest depository of the power (to suspend the Writ of Habeas Corpus) and being the only power which can exercise it under real and effective responsibilites to the people'- to be untrue, and not safe ... I feel it to be a duty ... to make public the result of such investigations on the subject as my limited time has permitted me to make." Tatlow's review of Binney consists of the first eight pages of this pamphlet. The second section, 19 pages in length, is entitled "Martial Law: what is it, and who can declare it?" Cover is missing.
|Civil War Military History Union Forces US Constitution Law Habeas Corpus Congress Civil Rights Bill of Rights President
|Jackson, Tatlow (fl. 1862-1873) Binney, Horace (1780-1875) Campbell, John (1810-1874) Lincoln, Abraham (1809-1865)
|The American Civil War; Government & Politics; Law; The Presidency
|Papers and Images of the American Civil War
|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.
|The Gilder Lehrman Institute of American History
|Civil War, Reconstruction and the Modern Era: 1860-1945