2.2 - 1) Limitations on civil liberties during the war Flashcards
The Merryman case
- May 1861
- Arrested for destroying railway bridges
- Roger Taney ruled it as illegal, but
- George Cadwalader refused to obey as Lincoln had dismissed habeas corpus
- Taney then ruled that only congress had the right to do so
- Released on bail in July 1861
What did the North treat secession as?
- Rebellion
- If captured, they were traitors
- and their slaves were freed as rebel property - ‘contraband of war’
Copperheads
Democrats opposing the war
Why was West Virginia created?
Because of the minority of Southern unionists. Many joined union forces
When did Confederacy introduce conscription
April 1862
Why was Confederacy first to introduce the Conscription act?
Because of the smaller population
Opposition in the government to the confederate conscription act
‘bold and dangerous usurpation by Congress of the reserved rights of the states and a rapid stride towards military despotism’
What measures could white men take in order to avoid draft?
a) pay $300
b) send in a substitute
What was another exemption to avoid draft introduced in October 1862?
‘Twenty slave law’ - excused overseer of plantation with 20+ slaves.
Said to be as a response to Emancipation Proclamation out of fear of slave rebellions
What percent do historians estimate were conscripts in the confederacy?
20%
Conscription in the union
March 1863 Enrolment act
What was caused by the Enrolment act passed in March 1863
Five day riots in New York in June.
- initial focus was conscription, but then became an expression of fear of blacks taking over white worplaces
- estimated 120 deaths happened
- Lincoln sent army units to restore order
How many northern privates were conscripts?
2%
Why did Lincoln dismiss the writ of Habeas Corpus
After the Baltimore riots in April 1861
To keep the four strategic states in union
Creating martial law
Who was detained during Lincoln’s dismissal of writ of habeas corpus
Marylanders who attacked troops and destroyed railways
John Merryman
When did congress approve of Lincoln’s suspension of habeas corpus?
March 1863
When did Lincoln extend suspension of habeas corpus from Maryland to whole US?
September 1862
What did extension of suspension of habeas corpus lead to
military commissions
est. 400 military commissions during the war
What were the criticisms against Lincoln’s war policies in 1863?
- He changed his war aim
- conscription
- suspension of habeas corpus
Which court case caused rallies?
Valladingham case
Valladingham case
Clement Valladingham, a Copperhead denounced the war and ordered soldiers to desert
In May 1863, he was arrested by the order of General Burnside
for ‘disloyal sentiments and opinions’
What was Lincoln’s response to Valladingham’s situation
He banished him to the confederacy so the rallies don’t focus on him or name him a martyr
When was Martial law passed in the Confederacy
February 1862
Who decided the fate of prisoners of martial law in CSA
Habeas Corpus commissioners
What steps did CSA take to limit southern liberties?
- Alien enemies act of 1861
- Sequestration act of 1861
- 1863 Impressment act
- 1863 Tax-In-Kind
Alien enemies act of 1861
All southerners declare themselves citizens of the Confederacy or leave or face arrest
Sequestration act of 1861
Allowed taking property of ex-inhabiting unionists
1863 Impressment act
Gave power to confederate armies to seize goods from locals
1863 Taxation-In-Kind act
enabled state officials to collect 10% of crops
What were the reactions to the Taxation-in-kind act?
- Resentment
- As state regulated economy was unexpected of a country based on states’ rights
- Provoked the Richmond Bread Riot of April 1863
How many people were detained by Lincoln’s suspension of writ of habeas corpus?
over 40,000
What convinced Congress to permit Davis to suspend writ of habeas corpus?
The opposition to conscription
What did public pressures exceed at in the confederacy?
imposing loyalty
What would happen to the ones that questioned the confederacy?
Preachers and teachers could loose their jobs, if not live
What did Lincoln declare in April 1861 about interference with slavery?
‘I have no purpose, directly or indirectly, to interfere with the institution of slavery in the states where it exists’
What did Radical Republicans want?
To abolish slavery and create a new order in the south
