History of the United States of America volume 4

Cover History of the United States of America volume 4
History of the United States of America volume 4
Henry William Elson
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Merriman applied to the chief justice for a writ of Habeas Corpus and Mr. Taney issued it, on the ground that Congress only had the right to suspend the writ. But President Lincoln refused to be bound by the decision of the chief justice, and applied for the opinion of his attorney-general, Mr. Bates, who sustained the President. The Constitution, interpreted by the correct principles of political science, could not deny to the President the power of suspension of this writ, as Congress might n...ot be in session at a time of sudden in- vasion, and on the President would devolve the responsibility of main- taining public order.
Belligerent Rights. — This matter was settled by the battle of Bull Run. President Lincoln had stated in his blockade proclamation that Confederate privateers when captured would be treated as pirates. Early in June the privateer Savannah was captured by the United States war vessel Perry, and the crew were taken to New York City and lodged in jail for trial. But soon after Bull Run, President Davis put some of the prisoners taken in that battle in chains, and sent word to the authorities at Washington that he would deal with them in the same manner as the United States government should deal with the crew of the Savannah.


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