Suspension of Habeas Corpus
Abraham Lincoln and Jefferson Davis both confronted the challenge of balancing an effective prosecution of the war with respect for the civil liberties of each region’s citizens, especially with regard to suspending the writ of habeas corpus, which requires that a person taken into custody appear in court to be charged. In 1863 Congress gave Lincoln wide latitude in suspending the writ, whereas Jefferson Davis received only temporary suspension powers from the Confederate Congress in 1862 and 1864.
Abraham Lincoln and Jefferson Davis both confronted the challenge of balancing an effective prosecution of the war with respect for the civil liberties of each region’s citizens, especially with regard to suspending the writ of habeas corpus, which requires that a person taken into custody appear in court to be charged. In 1863 Congress gave Lincoln wide latitude in suspending the writ, whereas Jefferson Davis received only temporary suspension powers from the Confederate Congress in 1862 and 1864.