The Online Library of Liberty

A project of Liberty Fund, Inc.

• Editorial Board
• Alphabetical List of Authors
• Illustrations
• Introduction
• Organization of the Work
• Note On the Texts
• Part One: the Civil War
• The Crittenden Compromise
• South Carolina Ordinance of Secession
• South Carolina Declaration of Causes of Secession
• Mississippi Ordinance of Secession
• Mississippi Declaration of Causes of Secession
• Virginia Ordinance to Repeal the Ratification of the Constitution of the United States of America
• Missouri Act Declaring the Political Ties Heretofore Existing Between the State of Missouri and the United States of America Dissolved
• Ordinance of the Kentucky Convention
• Constitution of the Confederate States of America
• Farewell Speech to the United States Congress
• Inaugural Address
• First Inaugural Address
• Proclamation Calling the Militia and Convening Congress
• Proclamation of Blockade Against Southern Ports
• Message to Congress In Special Session
• Proclamation Suspending Writ of Habeas Corpus
• Message to Congress On Gradual Abolishment of Slavery
• Proclamation Revoking General Hunter’s Emancipation Order
• Emancipation Proclamation
• Emancipation Proclamation
• The Gettysburg Address
• Message to the Congress of Confederate States
• Act to Increase the Military Force of the Confederate States
• Last Order
• Part Two: Reconstruction
• Proclamation of Amnesty and Reconstruction
• Veto Message With Wade-davis Proclamation and Bill
• Wade-davis Manifesto
• Special Field Order No. 15
• Second Inaugural Address
• Last Public Address
• Constitution of Indiana, Article Xiii
• Black Code of Mississippi
• U.s. Constitution, Thirteenth Amendment
• Freedmen’s Bureau Bill
• Second Freedmen’s Bureau Bill
• Veto of the Second Freedmen’s Bureau Bill
• Civil Rights Act
• First Reconstruction Act of 1867
• Veto of the First Reconstruction Act
• First Supplement to the First Reconstruction Act of 1867
• Second Supplement to the First Reconstruction Act of 1867
• Articles of Impeachment of Andrew Johnson
• Debate On Proposed Fourteenth Amendment
• U.s. Constitution, Fifteenth Amendment
• Enforcement Act of 1870
• Enforcement Act of 1871
• Enforcement Act of 1875
• The Constitution of the State of Mississippi, As Adopted In Convention
• Inaugural Address
• Civil Rights Cases
• Constitution of the State of Mississippi
• Part Three: Consolidating Markets
• The Homestead Act
• The Pacific Railway Act
• The Morrill Act
• The Gospel of Wealth
• Cross of Gold Speech
• First Inaugural Address
• First Annual Message
• Lochner V. New York
• Part Four: Consolidating Culture?
• Twelfth Annual Report of the Massachusetts State School Board
• Address On Colonization to a Deputation of Negroes
• Address of Booker T. Washington, Principal Tuskegee Normal and Industrial Institute, Tuskegee, Ala., At the Opening of the Exposition
• Plessy V. Ferguson
• The Talented Tenth
• Treaty Between the United States of America and the Navajo Tribe of Indians; Concluded June 1, 1868; Ratification Advised July 25, 1868; Proclaimed August 12, 1868.
• Dawes Act
• Proposed Constitutional Amendment
• Massachusetts Constitutional Provision
• Reynolds V. United States
• The Late Corporation of the Church of Jesus Christ of Latter-day Saints Et Al. V. United States
• Immigration Policy
• The Principles of Scientific Management
• Carrie Buck, By R. G. Shelton, Her Guardian and Next Friend, Plff. In Err., V. J. H. Bell, Superintendent of the State Colony For Epileptics and Feeble Minded
• Introduction to I’ll Take My Stand
• Part Five: Reform Movements
• National People’s Party Platform, Adopted At Omaha, Neb., July 4, 1892
• Coin’s Financial School
• Lecture II: What Pragmatism Means
• The Socialist Party and the Working Class
• Preamble
• The Subjective Necessity For Social Settlements
• Why the Ward Boss Rules
• Declaration of Principles of the Progressive Party
• The Income Tax
• Speech On Constitutionality of an Income Tax
• U.s. Constitution, Sixteenth Amendment
• Direct Election of U.s. Senators
• Resolution Opposing Direct Election of Senators
• U.s. Constitution, Seventeenth Amendment
• First Annual Meeting of the Woman’s State Temperance Society
• Prohibition Debate
• U.s. Constitution, Eighteenth Amendment
• U.s. Constitution, Twenty-first Amendment
• Women’s Suffrage
• The Fundamental Principle of a Republic
• Debate On Women’s Suffrage
• U.s. Constitution, Nineteenth Amendment
• Part Six: Consolidating Government
• The Pendleton Act
• Interstate Commerce Act
• Veto Message—distribution of Seeds
• Sherman Antitrust Act
• President’s Message to the Senate and House of Representatives
• Federal Trade Commission Act
• The Place of the Independent Commission
• Radio Address On Unemployment Relief
• Commonwealth Club Address
• Inaugural Address
• Federal Emergency Relief Act
• National Industrial Recovery Act
• Redistribution of Wealth
• A. L. A. Schechter Poultry Corp. Et Al. V. United States
• Fireside Chat On the Reorganization of the Judiciary
• National Labor Relations Board V. Jones & Laughlin Steel
• Part Seven: America In the World
• Monroe Doctrine—seventh Annual Message
• Roosevelt Corollary to Monroe Doctrine
• The Fallacy of Territorial Extension
• The Star of Empire
• Open Door Note
• Woodrow Wilson On Neutrality and War
• Statement On American Neutrality
• Address to the Senate
• Dissent In Wartime
• Espionage Act
• Free Speech In Wartime
• Sedition Act
• Schenck V. United States
• Fourteen Points Speech
• Covenant of the League of Nations
• Speech Against the League of Nations
• Kellogg-briand Pact
• Note On Chinchow
• Neutrality and War
• The Atlantic Charter
• The Four Freedoms
• Pearl Harbor Speech
• Sources

Proclamation Suspending Writ of Habeas Corpus

September 15, 1863

Abraham Lincoln

by the president of the united states of america.
a proclamation.

Whereas the Constitution of the United States has ordained 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; and

Whereas a rebellion was existing on the 3d day of March, 1863, which rebellion is still existing; and

Whereas by a statute which was approved on that day it was enacted by the Senate and House of Representatives of the United States in Congress assembled that during the present insurrection the President of the United States, whenever in his judgment the public safety may require, is authorized to suspend the privilege of the writ of habeas corpus in any case throughout the United States or any part thereof; and

Whereas, in the judgment of the President, the public safety does require that the privilege of the said writ shall now be suspended throughout the United States in the cases where, by the authority of the President of the United States, military, naval, and civil officers of the United States, or any of them, hold persons under their command or in their custody, either as prisoners of war, spies, or aiders or abettors of the enemy, or officers, soldiers, or seamen enrolled or drafted or mustered or enlisted in or belonging to the land or naval forces of the United States, or as deserters therefrom, or otherwise amenable to military law or the rules and articles of war or the rules or regulations prescribed for the military or naval services by authority of the President of the United States, or for resisting a draft, or for any other offense against the military or naval service:

Now, therefore, I, Abraham Lincoln, President of the United States, do hereby proclaim and make known to all whom it may concern that the privilege of the writ of habeas corpus is suspended throughout the United States in the several cases before mentioned, and that this suspension will continue throughout the duration of the said rebellion or until this proclamation shall, by a subsequent one to be issued by the President of the United States, be modified or revoked. And I do hereby require all magistrates, attorneys, and other civil officers within the United States and all officers and others in the military and naval services of the United States to take distinct notice of this suspension and to give it full effect, and all citizens of the United States to conduct and govern themselves accordingly and in conformity with the Constitution of the United States and the laws of Congress in such case made and provided.

In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed this 15th day of September ad 1863, and of the Independence of the United States of America the eighty-eighth.

[seal.] ABRAHAM LINCOLN.

By the President:
William H. Seward,Secretary of State.

• Message to Congress on Gradual Abolishment of Slavery, Abraham Lincoln, 1862
• Proclamation Revoking General Hunter’s Emancipation Order, Abraham Lincoln, 1862
• Emancipation Proclamation—1862, Abraham Lincoln
• Emancipation Proclamation—1863, Abraham Lincoln

Lincoln’s opposition to the institution of slavery was well known; he had first proposed a plan for gradual emancipation in 1849. But he did not portray the war as one intended to free the slaves. Indeed, fearing lest border, slaveholding states might secede, he repeatedly denied that such was his goal. But Congress itself, in the Confiscation Act of 1861, had authorized emancipation of slaves used in the Confederate war effort. When General John C. Frémont, Union commander in the Western Division, declared all slaves in Missouri “forever free,” Lincoln asked Frémont to limit his action to conform with the Confiscation Act. Frémont refusing, Lincoln, on August 30, 1861, revoked the proclamation and relieved him of command. Increasingly, however, Lincoln embraced limited forms of emancipation as a means of preserving the Union, thus delivering speeches such as that of March 6, 1862, reproduced here.

On May 9 of the following year, General David Hunter, commanding federal forces holding a series of Union-controlled enclaves along the South Atlantic coast, issued a proclamation declaring every slave in South Carolina, Georgia, and Florida to be free and eligible for military service. Like Frémont, Hunter claimed that his action was one of military necessity. But Lincoln reserved decisions of this magnitude for himself. Moreover, Lincoln had already made at least two appeals to border states to accept compensated emancipation, a policy he deemed less likely to win favor if Hunter’s actions were allowed to stand. But his third appeal, made at a meeting between Lincoln and border state leaders on July 12, 1862, also met with rejection. It was in this context that Lincoln decided to issue his Preliminary Emancipation Proclamation. Lincoln waited for a Union victory on the battlefield, which he felt he had after the Battle of Antietam, and then informed Confederate states, through his Preliminary Proclamation, that he would free all slaves in those states still in rebellion, as of January 1, 1863. The Emancipation Proclamation made good on this word, at least officially. The Proclamation declared free only those slaves essentially out of reach of Union forces, leaving all others in bondage. The Proclamation did, however, spawn a flood of slave escapes and was part of a wider movement toward emancipation that culminated in the Thirteenth Amendment.