What was the impact of the Civil War on civil liberties?

In 1861, Lincoln suspended the writ of habeas corpus without congressional approval, as he argued that he was suppressing a domestic rebellion, not fighting a war. This suspension meant that people could no longer be quickly released if their imprisonment was not deemed legal by a court. In April of 1861, a Maryland citizen named John Merryman was jailed for speaking against the Union and for supporting the south, and he tried to raise a...

In 1861, Lincoln suspended the writ of habeas corpus without congressional approval, as he argued that he was suppressing a domestic rebellion, not fighting a war. This suspension meant that people could no longer be quickly released if their imprisonment was not deemed legal by a court. In April of 1861, a Maryland citizen named John Merryman was jailed for speaking against the Union and for supporting the south, and he tried to raise a group of soldiers to fight for the Confederacy. Merryman asked for a writ of habeas corpus from Supreme Court Chief Justice Taney, who ordered Merryman released. However, the commander of Fort McHenry refused to release Merryman because of Lincoln's order, and, in response, Taney issued his famous decision that only the Congress could suspend the writ of habeas corpus in his opinion Ex Parte Merryman. The Constitution allows habeas corpus rights to be suspended in times of rebellion, but it is unclear whether the President or Congress has the right to suspend these rights.

In 1863, Lincoln imposed martial law across the country with Congressional approval, meaning that he suspended the writ of habeas corpus nationwide. In addition, many people during the war were tried by military tribunals rather than in regular courts. Lincoln argued that such measures were necessary during the Civil War, and many historians argue that such measures were needed to keep the border states in the Union. However, others argue that his actions were a major violation of civil liberties.