Lincoln Expanding Government

Throughout the history of the United States many presidents have expanded the role of government during wartime. Lincoln in many ways is the “Father” of expanding the Executive during wartime. Lincoln not only suspended the writ of habeas corpus, but also imposed new taxes to fund the war, and instituted a draft due to waning support for the war.

The first real expansion of power that Lincoln exercised was suspending the writ of habeas corpus. This was demonstrated in the trial of John Merryman. Lincoln officially suspended the writ of Habeas Corpus on April 27, 1861 saying “…you (Winfield Scott) find resistance which renders it necessary to suspend the writ of habeas corpus for public safety, you personally or through the officer in command at the point where resistance occurs are authorized to suspend that writ.”

John Merryman then appealed his case to Circuit Court Judge Taney of Maryland in 1861. Judge Taney said, “…[C]ongress is.. the judge of whether the public safety does or does not require it (the suspension of habeas corpus).” Taney then goes on to say, “…[T]he military authority in this case has gone far beyond the mere suspension of the privilege of the writ of habeas corpus.”

Lincoln then addressed Congress on July 4, 1861 to reject the idea of succession, and to respond to Taney and other critics on his suspension of the writ of habeas corpus. In this address Lincoln tells Congress that the idea of secessionism is unconstitutional, and that this is wartime, and that during wartimes the power of Executive can be expanded if necessary. This expansion of power by the Executive is the reason that Lincoln could suspend the writ to habeas corpus without consulting Congress.

Lincoln continued to be badgered about suspending the writ of habeas corpus. In June of 1863 Lincoln wrote a letter to Congress that further justified his decision to suspend the writ of habeas corpus. In this letter Lincoln says that, “they (the Confederacy) hoped to keep on foot amongst us a most efficient corps of spies, informers, suppliers, and aiders and abettors of their cause in a thousand ways.” In this statement Lincoln is referring that the Confederacy and Confederate were going to hide behind certain rights that are established in the Constitution such as the writ to habeas corpus to aid the Confederacy from northern states.

While habeas corpus was an important issue raised about the ever-growing powers of the federal government during the Civil War it is not the only expansion of power. On June 19, 1862 revenue act was enacted. This act created a Commissioner of Internal Revenue that would be nominated by the President and confirmed by the Senate. The act also created an extra ten-cent penalty for people that did the new duties or taxes enacted in this act. Also if this tax could not be paid real estate or land could be seized as payment.

In 1863 volunteers to fight in the war were becoming scarce, because of this on March 3, 1863 President Lincoln enacted the Conscription Act. This act stated, “that all able bodied male citizens of the United States and persons of foreign birth who shall have declared on oath their intension to become citizens…between the ages of twenty and forty-five years…are hereby declared to constitute the national forces, and shall be liable to perform military duty…” This act also created exemptions to this such as physically and mentally disabled along with the President, Vice-President, heads of executive offices, judges, governors, sons that parents are dependent on for labor, etc.

The expansion of powers of the Executive is not the most glorious or most glamorious aspect of the Civil War, but is extremely important. Had it not been for Lincoln other presidents such as Roosevelt may have not felt they had the ability to expand power during wartime such as putting the Japanese into internment camps. Understanding how these ideas of war and extending the power of government is one of the most important lessons to learn from the Civil War. 

Changes in Law and Society during the Civil War and Reconstruction. edited by Christian G. Samito. Illinois: Southern Illinois University Press, 2009.