U.S. President Abraham Lincoln suspends the writ of habeas corpus in Washington, D.C., for all military-related cases.
Habeas corpus ( (listen); from Medieval Latin, lit.'that you have the body') is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful.The writ of habeas corpus was described in the eighteenth century by William Blackstone as a "great and efficacious writ in all manner of illegal confinement". It is a summons with the force of a court order; it is addressed to the custodian (a prison official, for example) and demands that a prisoner be brought before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner. If the custodian is acting beyond their authority, then the prisoner must be released. Any prisoner, or another person acting on their behalf, may petition the court, or a judge, for a writ of habeas corpus. One reason for the writ to be sought by a person other than the prisoner is that the detainee might be held incommunicado. Most civil law jurisdictions provide a similar remedy for those unlawfully detained, but this is not always called habeas corpus. For example, in some Spanish-speaking nations, the equivalent remedy for unlawful imprisonment is the amparo de libertad ("protection of freedom").
Habeas corpus has certain limitations. Though a writ of right, it is not a writ of course. It is technically only a procedural remedy; it is a guarantee against any detention that is forbidden by law, but it does not necessarily protect other rights, such as the entitlement to a fair trial. So if an imposition such as internment without trial is permitted by the law, then habeas corpus may not be a useful remedy. In some countries, the writ has been temporarily or permanently suspended under the pretext of a war or state of emergency, for example by Abraham Lincoln during the American Civil War (see Habeas Corpus Suspension Act (1863)).The right to petition for a writ of habeas corpus has nonetheless long been celebrated as the most efficient safeguard of the liberty of the subject. The jurist Albert Venn Dicey wrote that the British Habeas Corpus Acts "declare no principle and define no rights, but they are for practical purposes worth a hundred constitutional articles guaranteeing individual liberty".The writ of habeas corpus is one of what are called the "extraordinary", "common law", or "prerogative writs", which were historically issued by the English courts in the name of the monarch to control inferior courts and public authorities within the kingdom. The most common of the other such prerogative writs are quo warranto, prohibito, mandamus, procedendo, and certiorari. The due process for such petitions is not simply civil or criminal, because they incorporate the presumption of non-authority. The official who is the respondent must prove their authority to do or not do something. Failing this, the court must decide for the petitioner, who may be any person, not just an interested party. This differs from a motion in a civil process in which the movant must have standing, and bears the burden of proof.
Abraham Lincoln (; February 12, 1809 – April 15, 1865) was an American lawyer and statesman who served as the 16th president of the United States from 1861 until his assassination in 1865. Lincoln led the nation through the American Civil War and succeeded in preserving the Union, abolishing slavery, bolstering the federal government, and modernizing the U.S. economy.
Lincoln was born into poverty in a log cabin in Kentucky and was raised on the frontier, primarily in Indiana. He was self-educated and became a lawyer, Whig Party leader, Illinois state legislator, and U.S. Congressman from Illinois. In 1849, he returned to his law practice but became vexed by the opening of additional lands to slavery as a result of the Kansas–Nebraska Act of 1854. He reentered politics in 1854, becoming a leader in the new Republican Party, and he reached a national audience in the 1858 Senate campaign debates against Stephen Douglas. Lincoln ran for President in 1860, sweeping the North to gain victory. Pro-slavery elements in the South viewed his success as a threat to slavery, and Southern states began seceding from the Union. To secure its independence, the new Confederate States fired on Fort Sumter, a U.S. fort in South Carolina, and Lincoln called up forces to suppress the rebellion and restore the Union.
Lincoln, a moderate Republican, had to navigate a contentious array of factions with friends and opponents from both the Democratic and Republican parties. His allies, the War Democrats and the Radical Republicans, demanded harsh treatment of the Southern Confederates. Anti-war Democrats (called "Copperheads") despised Lincoln, and irreconcilable pro-Confederate elements plotted his assassination. He managed the factions by exploiting their mutual enmity, carefully distributing political patronage, and by appealing to the American people. His Gettysburg Address appealed to nationalistic, republican, egalitarian, libertarian, and democratic sentiments. Lincoln supervised the strategy and tactics in the war effort, including the selection of generals, and implemented a naval blockade of the South's trade. He suspended habeas corpus in Maryland, and he averted British intervention by defusing the Trent Affair. He engineered the end to slavery with his Emancipation Proclamation, including his order that the Army and Navy liberate, protect, and recruit former slaves. He also encouraged border states to outlaw slavery, and promoted the Thirteenth Amendment to the United States Constitution, which outlawed slavery across the country.
Lincoln managed his own successful re-election campaign. He sought to heal the war-torn nation through reconciliation. On April 14, 1865, just days after the war's end at Appomattox, he was attending a play at Ford's Theatre in Washington, D.C., with his wife Mary when he was fatally shot by Confederate sympathizer John Wilkes Booth. Lincoln is remembered as a martyr and hero of the United States and is often ranked as the greatest president in American history.