He could not believe, he wrote, “that the American people will, by means of military arrests during the rebellion, lose the right of public discussion, the liberty of speech and the press, the law of evidence trial by jury, and Habeas corpus, throughout the indefinite peaceful future . . .Click to see full answer. Then, in what ways did Lincoln violate the Constitution?Lincoln as already mentioned, trashed the Constitution by suspending the Writ of Habeas Corpus and sending troops door to door confiscating weapons in areas of Maryland. Maryland was a Union state. Lincoln ordered the arrest of thousands Marylanders for the crime of ‘suspected Southern sympathies’.Similarly, why did Lincoln say he was willing to violate the Constitution? He insisted that the federal government was obligated to resist Southern secession because it violated the Constitution; and he insisted that his powers as chief executive allowed him to abridge individuals’ rights such as habeas corpus, jury trial, free speech, and private property in order to preserve the Union. Subsequently, question is, why did Lincoln get rid of habeas corpus? On April 27, 1861, Lincoln suspended the writ of habeas corpus between Washington, D.C., and Philadelphia to give military authorities the necessary power to silence dissenters and rebels. Under this order, commanders could arrest and detain individuals who were deemed threatening to military operations.Where is the writ of habeas corpus?The U.S. Constitution specifically includes the habeas procedure in the Suspension Clause (Clause 2), located in Article One, Section 9. This states that “The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it”.
