Jefferson Davis and the Suspension of Habeas Corpus

Continuing on with our examination of the suspension of habeas corpus during the Civil War, the first part of which may be read here, we turn to Jefferson Davis and the suspension of habeas corpus in the Confederacy.  The Confederate Constitution provided for the suspension of habeas corpus:

Sec. 9 (3) 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.

On February 27, 1862 the Confederate Congress vested in Davis the power to suspend Habeas Corpus.  On March 1, 1862 Davis used this power, suspending the writ of Habeas Corpus and declaring martial law in a ten-mile radius around the City of Richmond.

Davis would use this power throughout the War, especially in regions where Unionist sentiment was strong, for example in East Tennessee where martial law was imposed and the writ of habeas corpus suspended in 1862. (more…)

Published in: on December 3, 2012 at 5:30 am  Comments (6)  
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