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Collection Reference Number GLC08599.08
From Archive Folder Pamphlets related to President Lincoln's suspension of habeas corpus 
Title Presidential power over personal liberty
Date 1862
Author Myer, Isaac (1836-1902)  
Document Type Pamphlet
Content Description ... A review of Horace Binney's essay on the writ of habeas corpus. Includes inserted errata notes. States "we have shown that the normal condition of the English, and we their descendants, is freedom, subject to the law; that it was against encroachments upon their liberty, our ancestors have been contending for centuries; that the President has not and should not have the right to arrest outside of the courts of justice; that the word 'privilege' in the clause in the Constitution we have been discussing, means the right of citizens of this country to ask for the Writ of Habeas Corpus, a Writ known only to us and our ancestors, a right to a legal Writ; that it was not intended to have the meaning Mr. Binney has ascribed to it ..." Cover is missing. Several pages are detached from binding.
Subjects Civil War  Military History  Union Forces  US Constitution  Law  Habeas Corpus  Congress  Civil Rights  Bill of Rights  President    
People Myer, Isaac (1836-1902)  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