These actions by an
American President of course are not without precedent. Abraham Lincoln suspended the writ of habeas
corpus and arrested dozens of political opponents as threats to his
administration and to the federal government existence. “On September 17, 1861, fully one third of
the members of the Maryland General Assembly were arrested, due to federal
concerns that the Assembly "would aid the anticipated rebel invasion and
would attempt to take the state out of the Union."”
(https://en.wikipedia.org/wiki/Maryland_in_the_American_Civil_War#:~:text=On%20September%2017%2C%201861%2C%20the,of%20the%20Union.%22%20Although%20previous) Arrests for hypothetical possibilities. Earlier in the spring of that year,
“Baltimore Mayor Brown,the city council, the police commissioner, and the
entire Board of Police were arrested and imprisoned at Fort McHenry without
charges.” Following the May Supreme
Court ruling that the suspension of the writ of habeas corpus was
unconstitutional and “Lincoln's dismissal of Chief Justice Taney's ruling (he)
was criticized in a September 1861 editorial by Baltimore newspaper editor
Frank Key Howard (Francis Scott Key's grandson), (and) Howard was himself
arrested by order of Lincoln's Secretary of State Seward and held without
trial. In all nine newspapers were shut down in Maryland by the federal
government, and a dozen newspaper owners and editors like Howard were
imprisoned without charges.”
Lincoln justified his
actions saying “that the American people will, by means of military arrests
during the rebellion, lose the right of public discussion, the liberty of
speech and the press, the law of evidence, trail by jury, and Habeas Corpus,
throughout the indefinite peaceful future”.
Something like 14,400 civilians were arrested by Lincoln during the lead
up and course of the War for Southern Independence. Lincoln moved the enforcement of these
arrests from the State Department to the War Department in 1862 placing “the
program always in the hands of persons who were firm believers in its necessity
as a means of saving the Union” including Joseph Holt, judge advocate
general. The Merrick Garland of 1862 as
it were. It seems that Lincoln’s arrests
were effective as there was little opposition to the enforcement measures,
“Clement Vallandigham was the most famous politician in Dayton, Ohio, but his
arrest in the night — despite a mysterious shrill whistled signal and three
shots the victim fired into the air to alert friends — brought few people even
curious to see what was happening. True, a mob the next night set fire to the
offices of the local Republican newspaper, and one rioter was shot by a soldier
while trying to cut a water hose in use to douse the fire, but the riot was
quickly put down without loss of life. There were indignation meetings in most
of the major cities of the North following Valiant Val's arrest, but this was orderly
protest organized by politicians with some stake in preserving the
system.” This lackadaisical laissez
faire attitude persists today in questioning authority even such overbearing
use of prosecution threatening very individual freedom and liberty. Lincoln’s arrests focused on Confederate
citizens with a large percentage claiming Jefferson Davis as their President
and those refusing an oath of loyalty. A
parallel could certainly be claimed that those jailed for the January 6th
“insurrection” claim Trump as their President.
(https://quod.lib.umich.edu/cgi/t/text/idx/j/jala/2629860.0005.103/--lincoln-administration-and-arbitrary-arrests?rgn=main;view=fulltext
)
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