Habeas Corpus

Whenever anybody has been apprehended by any authority or the police, the court can issue a court order of Habeas corpus to compel the authority that is detaining that person to either file criminal charges as against that individual or show course as to why he cannot be released immediately.

The United States Constitution in section 9 of article 1 it is provided that the right to the order of habeas corpus cannot be suspended unless in cases of rebellion or invasion it is required for the sake of public safety.

When the civil war began, the President, Lincoln, called upon the states to suppress the rebellion. Given the threat on Washington, it could be argued that any resistance to the military line the suspension of habeas corpus was necessary. It should be noted that the military was acting under the authority of the president, who is the commander in chief of the armed forces and still the chief executive during martial law.

Chief Justice Taney’s ruling, that the president cannot suspend the privilege of the writ of habeas corpus or authorize the military to do the same; and that no officer of the army has an authority to take into custody and confine anybody who is not subjected to the set of laws and the articles that govern warfare, unless it was in the greater interest of the general public.

It is true that Congress itself could not suspend or disregard such fundamental laws and as such so couldn’t the military. Even though during such times, the President could suspend certain laws, Congress should still be the ultimate decision makers when it comes to the suspension of such law. Something they did by passing the Habeas Corpus Act of 1863.

The fundamental basis for the Rule of Law is that neither the President nor the Judiciary or even Congress should interfere with the civil liberties incorporated into the Constitution unless as provided for under the same law.

Therefore the decision by the court that a citizen who is not connected to the military service and a resident in a State where the courts are open and in proper exercise of their jurisdiction cannot be tried, convicted or sentenced in any other way than the ordinary process of the courts. This is notwithstanding the fact that the writ of habeas corpus has been suspended, for whatever reason.

In addition, the court was right to state that the suspension of the privilege accorded by the writ of habeas corpus doesn’t shelve a writ in itself but only the course to be taken.

The intention of establishing the court order for habeas corpus in essence is to make certain that nobody who has been detained is not just held arbitrarily and ought to be charged or should be freed. Its primary objective is to ensure that there are no unlawful and illegal seizures and that due process is not violated.

By suspending the writ therefore, President Lincoln gave de facto powers to the United States of America’s Army to arrest and hold indefinitely any person it pleased. Although his intention was to preserve national safety, it was infringing on personal liberties that are essential to the citizens.