February 3, 1864 – President Jefferson Davis delivered a message to Congress asking for the authority to suspend the writ of habeas corpus.
By this time, Federal military forces had begun various campaigns that included looting, pillaging, and plundering private property in the South. This had caused widespread disorder that required attention from the Confederate government. Consequently, Davis requested the same authorization that President Abraham Lincoln had assumed (without congressional consent) to apprehend and jail citizens suspected of disloyalty without trial.
In his message, Davis noted the “discontent, disaffection, and disloyalty” pervading the Confederacy, partly due to the demoralizing effects of Federal military occupation. Davis also alleged that such sentiments were rising among those who “have enjoyed quiet and safety at home.” He stated that suspending the writ was necessary to combat the rising number of Federal occupiers and Confederate dissidents, both of which tended to demoralize the people and encourage potential race wars between slaves and masters. Davis wrote:
“Must the independence for which we are contending, the safety of the defenseless families of the men who have fallen in battle and of those who still confront the invader, be put in peril for the sake of conformity to the technicalities of the law of treason?… Having thus presented some of the threatening evils which exist, it remains to suggest the remedy. And in my judgment that is to be found only in the suspension of the privilege of the writ of habeas corpus.”
Although the Lincoln administration had suspended the writ long ago and jailed thousands of anti-war dissidents without trial, this concept was still controversial for the Confederacy, which had been founded on the principle that states’ rights checked a potentially overreaching national government. As such, many members of the Confederate Congress opposed Davis’s request. Conversely, supporters argued that such a measure was necessary to suppress draft opposition and other “disloyal” practices.
After nearly two weeks of acrimonious debate, Congress finally approved authorizing Davis to suspend the writ of habeas corpus. The bill included a specific list of treasonable offenses, thus limiting Davis’s ability to act arbitrarily as much as possible. To further appease detractors, Davis only had suspension power until August 2.
Nevertheless, fierce critics remained, including Davis’s own vice president, Alexander Stephens of Georgia. Stephens declared that “constitutional liberty will go down, never to rise again on this continent” if Davis was empowered to suspend the writ. He called the bill a “blow at the very ‘vitals of liberty’” and accused Davis of–
“… aiming at absolute power… Far better that our country should be overrun by the enemy, our cities sacked and burned, and our land laid desolate, than that the people should thus suffer the citadel of their liberties to be entered and taken by professed friends.”
Despite opposition from Stephens and both of Georgia’s Confederate senators, the state legislature approved a resolution supporting this and all laws designed to win the war. Even so, the opposition to suspending the writ of habeas corpus remained so strong that Davis rarely exercised the power.
However, passage of the law prompted William W. Holden to suspend publication of his Unionist newspaper, the Raleigh (North Carolina) Standard. Many Confederate officials had targeted Holden as a traitor for urging southerners to rejoin the Union, and Davis could have ordered him arrested and jailed without charges.
Holden declared that “if I could not continue to print as a free man I would not print at all.” Holden then announced that he would oppose Governor Zebulon Vance in the upcoming election, but Vance turned many of Holden’s supporters against him by accusing him of treason.
Faust, Patricia L., Historical Times Illustrated Encyclopedia of the Civil War (New York: Harper & Row, 1986, Patricia L. Faust ed.), p. 331; Foote, Shelby, The Civil War: A Narrative: Volume 2: Fredericksburg to Meridian (Vintage Civil War Library, Knopf Doubleday Publishing Group, Kindle Edition, 2011), p. 950; Fredriksen, John C., Civil War Almanac (New York: Checkmark Books, 2007), p. 394, 398; Long, E.B. with Long, Barbara, The Civil War Day by Day (New York: Da Capo Press, Inc., 1971), p. 460-61, 465; McPherson, James M., Battle Cry of Freedom: The Civil War Era (Oxford History of the United States Book 6, Oxford University Press, Kindle Edition, 1988), p. 435, 692-93, 697-98; White, Howard Ray, Bloodstains, An Epic History of the Politics that Produced and Sustained the American Civil War and the Political Reconstruction that Followed (Southernbooks, Kindle Edition, 2012), Q164