Habeas Corpus, Suspension

of. Un July 5, 1861, Attorney- General Bates gave an opinion in favor of the President’s power to declare martial law and suspend the writ of habeas corpus. A special se ion of Congre approved this opinion. Thereafter many arbitrary arrests were made, arousing much indignation. September 24, 1862, the suspension was made general by the President so far as it might affect persons arrested by military authority for disloyal practices. An act of Congre , March 3, 1863, again authorized the suspension of the writ by the President in cases of prisoners of war, deserters, those resisting drafts and offenders against the military or naval service. The arrest of Vallandigham, in Ohio, and of Milligan, in Indiana, caused great excitement. The case of the latter being brought before the Supreme Court of the Union, that body decided that Congre could not give to military commi ions the power of trial and conviction, and that the suspension of the privilege of habeas corpus did not suspend the writ itself. In the case of the Ku-Klux rebellions there was a brief suspension of Aadeas corpus in 1871. 316