Open Access. Powered by Scholars. Published by Universities.®

United States History Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 2 of 2

Full-Text Articles in United States History

Is ‘Military Necessity’ Enough? Lincoln’S Conception Of Executive Power In Suspending Habeas Corpus In 1861, Evan Mclaughlin Dec 2017

Is ‘Military Necessity’ Enough? Lincoln’S Conception Of Executive Power In Suspending Habeas Corpus In 1861, Evan Mclaughlin

Seton Hall University Dissertations and Theses (ETDs)

In May 1861, President Abraham Lincoln's decision to suspend habeas corpus in Baltimore following an attack on Federal troops as they marched through Baltimore on April 19th to answer Lincoln’s call to defend the Capitol. To complicate matters further, Congress was still in recess, so they could not legislate a solution to the growing insurgency. In order to check these actions, Abraham Lincoln authorized General Scott to suspend Habeas Corpus between Baltimore and Philadelphia. When John Merryman was arrested, detained, and denied habeas corpus, Chief Justice Roger B. Taney issued an in-chambers decision, Ex Parte Merryman, to voice ...


Free Speech In Wartime: Sedition Acts During The Presidencies Of John Adams And Woodrow Wilson, Juliana M. Hafner Jan 2017

Free Speech In Wartime: Sedition Acts During The Presidencies Of John Adams And Woodrow Wilson, Juliana M. Hafner

University Honors Program Theses

This paper analyzes two time eras in which the United States federal government created and passed two sedition acts: in 1798 with President John Adams and in 1918 with President Woodrow Wilson. Both ultimately affected American’s freedom of speech during wartime, as well as during times of peace. This analysis addresses the specific acts themselves, the overall political atmosphere in each time period, including who were considered the country’s “enemies,” in-depth consideration of one court case per era, the government and public reaction to the acts, and the overall impact that both eras had on the development of ...