Lincoln and Habeas Corpus

As for "American" laws, you forget that Lincoln suspended habeas corpus in 1862, which resulted in some 13,000 people deemed "dangerous" or "subversive" to be arrested, tried by military tribunals, and many were executed. When the courts declared these actions unconstitutional, Lincoln ordered the Army to disobey the court, which it did.

Furthermore, in freeing the slaves (which were considered property at the time), Lincoln nullified the rights of property owners to their possessions, a basic tenet of Common Law.

We do not think of Lincoln's actions as brutal or unconstitutional today. Indeed, he is regarded as one of three "greatest" presidents, alongside Washington and Roosevelt, who also acted as they had to in time of war.

Lincoln's basic argument in suspending habeas corpus was that one could not expect the Constitution to be used in dealing with those who wished the Union destroyed, the Constitution with it.

Prescient indeed.

In fact, we saw the arrest and trial of individuals (copperhead democrats, etc.) who advocated for soldiers to desert the Union lines! In other words, Lincoln ordered them arrested, and some were executed, not for what they DID, but for what they SAID, a First Amendment right!

It was not merely common people arrested, either. Fearing that the Maryland legislature would vote to withdraw from the Union and join the Confederacy, Lincoln had the army arrest and detain, indefinitely, 9 members of the Maryland Senate! Elected Representatives were denied the right to represent their constituency! Democracy itself was flaunted!

The Union survived. Lincoln is a national hero.

Draw your lessons.