As the Civil War started, in the beginning of Lincoln's presidential term, a group of "Peace Democrats" proposed a peaceful resolution to the developing Civil War by offering a truce with the South, and forming a constitutional convention to amend the U.S. Constitution to protect States' rights. The proposal was ignored by the Unionists of the North and not taken seriously by the South. However, the Peace Democrats publicly criticized Lincoln's belief that violating the U.S. Constitution was required to save it as a whole. With Congress not in session until July, Lincoln assumed all powers not delegated in the Constitution, including the power to suspend habeas corpus. In 1861, Lincoln had already suspended civil law in territories where resistance to the North's military power would be dangerous. In 1862, when Peace Democrats began criticizing Lincoln's violation of the Constitution, Lincoln suspended habeas corpus throughout the nation and had many Peace Democrats arrested under military authority because he felt that the State Courts in the North West would not convict war protesters. He proclaimed that people who discouraged enlistments or engaged in "disloyal" practices would come under Martial Law (1999, American Patriot Network).

The writ of Habeas Corpus is an essential and fundamental American civil liberty. A writ of Habeas Corpus petition is filed by someone who feels they or someone else has been wrongfully imprisoned. The petitioner must have proof that the court that ordered the imprisonment or detention of the prison official is then required to bring the inmate before the court and it is decided whether or not s/he has been wrongfully imprisoned. John Merryman had his right to Habeas Corpus unconstitutionally taken away from him.

John Merryman was arrested under martial law. Merryman was a southern sympathizer who had organized soldiers to burn bridges in Maryland. Chief Justice Roger B. Taney issued a writ of habeas corpus commanding Brevet Major-General George Cadwalader, the general holding Merryman to bring Merryman before him. The military ignored the request, refusing to bring Merryman to court. Taney ruled in Ex parte MERRYMAN that because the writ could not be suspended without an Act of Congress, Lincolns unilateral suspension of habeas corpus was unconstitutional (1999, American Patriot Network).

Lincoln ignored the Supreme Court and Chief Justice Taney, refusing to reinstate the writ of habeas corpus until the civil war was won. Lincoln felt that it was his duty to preserve the union at all costs. He believed that because he war elected by a majority of the nation, he was thus given the mandate to take way basic civil liberties. He believed that the people gave him the power to go against the constitution if needed to preserve the union.

He believed that the union could not succeed if it was divided. If the union fell apart, the people would have no government that protected their rights. So if the sacrificing of civil liberties saved the union, the people would be better off. His repressing of civil liberties was aimed at keeping union states from seceding. He did this by oppressing rebels, and supporters of the confederacy.

This was not necessary, and if anything only incited the south and confederate sympathizers more. His arrests of Peace Democrats and those who were against the war only removed accountability from his government. Lincoln didnt want his authority to be questioned, something essential in a democracy, especially during wartime. Without accountability unjust, unfounded, unnecessary wars can be waged, without any backlash from the people. In Americas next major war, the natural inclination by government to take away civil liberties resurfaced once again.