Executive Orders...

[5fish]

Here a link that will give you all of Lincoln's executive orders but every executive order from 1826 until 2017... just go to the link and find the year and click on display... wham!

http://www.presidency.ucsb.edu/executive_orders.php?year=1861&Submit=DISPLAY

Below is what will pop up for the year you pick...


Executive Orders: J.Q. Adams - Trump
Also see our summary data page

Special note published on April 26, 2017: In our summary page (linked above), we explain that our collection of executive order texts is complete beginning with the administration of Harry S. Truman through the present. For the period of time prior to that, we have a sporadic collection obatined from various publications. The archives of the American Presidency Project continues to grow as we obtain and digitize original texts. Executive order counts per term are available by clicking this link.

Select
Year
President Date Title
Abraham Lincoln April 25, 1861 Executive Order
Abraham Lincoln April 27, 1861 Executive Order
Abraham Lincoln April 30, 1861 Executive Order
Abraham Lincoln May 7, 1861 Executive Order
Abraham Lincoln June 20, 1861 Executive Order
Abraham Lincoln July 2, 1861 Executive Order—Authorizing General Winfield Scott To Suspend the Writ of Habeas Corpus
Abraham Lincoln July 31, 1861 Executive Order
Abraham Lincoln August 7, 1861 Executive Order
Abraham Lincoln October 4, 1861 Executive Order
Abraham Lincoln October 14, 1861 Executive Order—Suspension of the Writ of Habeas Corpus
Abraham Lincoln November 1, 1861 Executive Order—General Orders No. 94: Retiring General Winfield Scott and Appointing General George B. McClellan His Successor
Abraham Lincoln November 5, 1861 Executive Order—Approving the Plan of the Governor of Missouri
Abraham Lincoln November 7, 1861 Executive Order
Abraham Lincoln November 16, 1861 Executive Order
Abraham Lincoln November 27, 1861 Executive Order
Abraham Lincoln December 2, 1861 Executive Order—Authorizing General H.W. Halleck To Suspend the Writ of Habeas Corpus
Abraham Lincoln December 30, 1861 Executive Order

 

[Viper21]

I find this one interesting : Abraham Lincoln April 27, 1861 http://www.presidency.ucsb.edu/ws/index.php?pid=70145

Especially as how it relates to the following events:




On April 27, 1861, the right of habeas corpus was unilaterally suspended by President Abraham Lincoln in Maryland during the American Civil War. Lincoln had received word that anti-war Maryland officials intended to destroy the railroad tracks between Annapolis and Philadelphia, which was a vital supply line for the army preparing to fight the south. (Indeed, soon after, the Maryland legislature would simultaneously vote to stay in the Union and to close these rail lines, in an apparent effort to prevent war between its northern and southern neighbors.[10]) Lincoln did not issue a sweeping order; it only applied to the Maryland route.[11] Lincoln chose to suspend the writ over a proposal to bombard Baltimore, favored by his General-in-Chief Winfield Scott.[12] Lincoln was also motivated by requests by generals to set up military courts to rein in his political opponents, "Copperheads," or Peace Democrats, so named because they did not want to resort to war to force the southern states back into the Union, as well as to intimidate those in the Union who supported the Confederate cause. Congress was not yet in session to consider a suspension of the writs; however, when it came into session it failed to pass a bill favored by Lincoln to sanction his suspensions.[13] During this period one sitting U.S. Congressman from the opposing party, as well as the mayor, police chief, entire Board of Police, and the city council of Baltimore were arrested without charge and imprisoned indefinitely without trial.[14]

Lincoln's action was rapidly challenged in court and overturned by the U.S. Circuit Court of Appeals in Maryland (led by the Chief Justice of the Supreme Court, Roger B. Taney) in Ex Parte Merryman. Chief Justice Taney ruled the suspension unconstitutional, stating that only Congress could suspend habeas corpus.[15] Lincoln and his Attorney General Edward Bates not only ignored the Chief Justice's order,[16] but when Lincoln's dismissal of the ruling was criticized in an editorial by prominent Baltimore newspaper editor Frank Key Howard, they had the editor also arrested by federal troops without charge or trial. Ironically, the troops imprisoned Howard, who was Francis Scott Key's grandson, in Fort McHenry, which, as he noted, was the same fort where the Star Spangled Banner had been waving "o'er the land of the free" in his grandfather's song.[17] (In 1863, Howard wrote about his experience as a "political prisoner" at Fort McHenry in the book Fourteen Months in the American Bastille;[17] two of the publishers selling the book were then arrested.[14])

When Congress convened in July 1861 it failed to support Lincoln's unilateral suspension of habeas corpus. A joint resolution was introduced into the Senate to approve of the president's suspension of the writ of habeas corpus, but filibustering by Senate Democrats, who did not support it, and opposition to its imprecise wording by Sen. Lyman Trumbull prevented a vote on the resolution before the end of the first session, and the resolution was not taken up again.[18] Sen. Trumbull himself introduced a bill to suspend habeas corpus, but failed on getting a vote before the end of the first session.[19]

Shortly thereafter, on September 17, 1861, the day the Maryland legislature was to reconvene, Lincoln imprisoned one third of the members of the Maryland General Assembly without charges or hearings in further defiance of the Chief Justice's ruling.[20] Thus, the legislative session had to be cancelled.[10]

On February 14, 1862, the war was firmly in progress and Lincoln ordered most prisoners released,[21] putting an end to court challenges for the time being. He again suspended habeas corpus on his own authority in September that same year, however, in response to resistance to his calling up of the militia.[22]

 

[leftyhunter]

I find this one interesting : Abraham Lincoln April 27, 1861 http://www.presidency.ucsb.edu/ws/index.php?pid=70145

Especially as how it relates to the following events:




On April 27, 1861, the right of habeas corpus was unilaterally suspended by President Abraham Lincoln in Maryland during the American Civil War. Lincoln had received word that anti-war Maryland officials intended to destroy the railroad tracks between Annapolis and Philadelphia, which was a vital supply line for the army preparing to fight the south. (Indeed, soon after, the Maryland legislature would simultaneously vote to stay in the Union and to close these rail lines, in an apparent effort to prevent war between its northern and southern neighbors.[10]) Lincoln did not issue a sweeping order; it only applied to the Maryland route.[11] Lincoln chose to suspend the writ over a proposal to bombard Baltimore, favored by his General-in-Chief Winfield Scott.[12] Lincoln was also motivated by requests by generals to set up military courts to rein in his political opponents, "Copperheads," or Peace Democrats, so named because they did not want to resort to war to force the southern states back into the Union, as well as to intimidate those in the Union who supported the Confederate cause. Congress was not yet in session to consider a suspension of the writs; however, when it came into session it failed to pass a bill favored by Lincoln to sanction his suspensions.[13] During this period one sitting U.S. Congressman from the opposing party, as well as the mayor, police chief, entire Board of Police, and the city council of Baltimore were arrested without charge and imprisoned indefinitely without trial.[14]

Lincoln's action was rapidly challenged in court and overturned by the U.S. Circuit Court of Appeals in Maryland (led by the Chief Justice of the Supreme Court, Roger B. Taney) in Ex Parte Merryman. Chief Justice Taney ruled the suspension unconstitutional, stating that only Congress could suspend habeas corpus.[15] Lincoln and his Attorney General Edward Bates not only ignored the Chief Justice's order,[16] but when Lincoln's dismissal of the ruling was criticized in an editorial by prominent Baltimore newspaper editor Frank Key Howard, they had the editor also arrested by federal troops without charge or trial. Ironically, the troops imprisoned Howard, who was Francis Scott Key's grandson, in Fort McHenry, which, as he noted, was the same fort where the Star Spangled Banner had been waving "o'er the land of the free" in his grandfather's song.[17] (In 1863, Howard wrote about his experience as a "political prisoner" at Fort McHenry in the book Fourteen Months in the American Bastille;[17] two of the publishers selling the book were then arrested.[14])

When Congress convened in July 1861 it failed to support Lincoln's unilateral suspension of habeas corpus. A joint resolution was introduced into the Senate to approve of the president's suspension of the writ of habeas corpus, but filibustering by Senate Democrats, who did not support it, and opposition to its imprecise wording by Sen. Lyman Trumbull prevented a vote on the resolution before the end of the first session, and the resolution was not taken up again.[18] Sen. Trumbull himself introduced a bill to suspend habeas corpus, but failed on getting a vote before the end of the first session.[19]

Shortly thereafter, on September 17, 1861, the day the Maryland legislature was to reconvene, Lincoln imprisoned one third of the members of the Maryland General Assembly without charges or hearings in further defiance of the Chief Justice's ruling.[20] Thus, the legislative session had to be cancelled.[10]

On February 14, 1862, the war was firmly in progress and Lincoln ordered most prisoners released,[21] putting an end to court challenges for the time being. He again suspended habeas corpus on his own authority in September that same year, however, in response to resistance to his calling up of the militia.[22]

In Lincoln's defense Lincolns executive order seceeded brilliantly. Unlike other border states,there was no insurgency problem that would tie down Union forces.
Leftyhunter

 

[Copperhead-mi]

I find this one interesting : Abraham Lincoln April 27, 1861 http://www.presidency.ucsb.edu/ws/index.php?pid=70145

Especially as how it relates to the following events:




On April 27, 1861, the right of habeas corpus was unilaterally suspended by President Abraham Lincoln in Maryland during the American Civil War. Lincoln had received word that anti-war Maryland officials intended to destroy the railroad tracks between Annapolis and Philadelphia, which was a vital supply line for the army preparing to fight the south. (Indeed, soon after, the Maryland legislature would simultaneously vote to stay in the Union and to close these rail lines, in an apparent effort to prevent war between its northern and southern neighbors.[10]) Lincoln did not issue a sweeping order; it only applied to the Maryland route.[11] Lincoln chose to suspend the writ over a proposal to bombard Baltimore, favored by his General-in-Chief Winfield Scott.[12] Lincoln was also motivated by requests by generals to set up military courts to rein in his political opponents, "Copperheads," or Peace Democrats, so named because they did not want to resort to war to force the southern states back into the Union, as well as to intimidate those in the Union who supported the Confederate cause. Congress was not yet in session to consider a suspension of the writs; however, when it came into session it failed to pass a bill favored by Lincoln to sanction his suspensions.[13] During this period one sitting U.S. Congressman from the opposing party, as well as the mayor, police chief, entire Board of Police, and the city council of Baltimore were arrested without charge and imprisoned indefinitely without trial.[14]

Lincoln's action was rapidly challenged in court and overturned by the U.S. Circuit Court of Appeals in Maryland (led by the Chief Justice of the Supreme Court, Roger B. Taney) in Ex Parte Merryman. Chief Justice Taney ruled the suspension unconstitutional, stating that only Congress could suspend habeas corpus.[15] Lincoln and his Attorney General Edward Bates not only ignored the Chief Justice's order,[16] but when Lincoln's dismissal of the ruling was criticized in an editorial by prominent Baltimore newspaper editor Frank Key Howard, they had the editor also arrested by federal troops without charge or trial. Ironically, the troops imprisoned Howard, who was Francis Scott Key's grandson, in Fort McHenry, which, as he noted, was the same fort where the Star Spangled Banner had been waving "o'er the land of the free" in his grandfather's song.[17] (In 1863, Howard wrote about his experience as a "political prisoner" at Fort McHenry in the book Fourteen Months in the American Bastille;[17] two of the publishers selling the book were then arrested.[14])

When Congress convened in July 1861 it failed to support Lincoln's unilateral suspension of habeas corpus. A joint resolution was introduced into the Senate to approve of the president's suspension of the writ of habeas corpus, but filibustering by Senate Democrats, who did not support it, and opposition to its imprecise wording by Sen. Lyman Trumbull prevented a vote on the resolution before the end of the first session, and the resolution was not taken up again.[18] Sen. Trumbull himself introduced a bill to suspend habeas corpus, but failed on getting a vote before the end of the first session.[19]

Shortly thereafter, on September 17, 1861, the day the Maryland legislature was to reconvene, Lincoln imprisoned one third of the members of the Maryland General Assembly without charges or hearings in further defiance of the Chief Justice's ruling.[20] Thus, the legislative session had to be cancelled.[10]

On February 14, 1862, the war was firmly in progress and Lincoln ordered most prisoners released,[21] putting an end to court challenges for the time being. He again suspended habeas corpus on his own authority in September that same year, however, in response to resistance to his calling up of the militia.[22]

Attribution or did you author this?

 

[Carronade]

In Lincoln's defense Lincolns executive order seceeded brilliantly. Unlike other border states,there was no insurgency problem that would tie down Union forces.
Leftyhunter

Which would suggest, as a general principle, that an illegal action is justified if it accomplishes a worthy result. That could be - and has been - a good topic for debate.

 

[jgoodguy]

Which would suggest, as a general principle, that an illegal action is justified if it accomplishes a worthy result. That could be - and has been - a good topic for debate.

First establish an act is illegal, then discuss

 

[jackt62]

Lincoln himself was aware that he was stretching the boundaries of what constituted legal executive actions. But he believed that in order to save the patient (the Union), it was necessary to perform radical surgery on a part of the body.

 

[jgoodguy]

Lincoln himself was aware that he was stretching the boundaries of what constituted legal executive actions. But he believed that in order to save the patient (the Union), it was necessary to perform radical surgery on a part of the body.

Exactly and it was considered 'legal' by the other branches of government.

 

[O' Be Joyful]

Attribution or did you author this?

 

[Carronade]

First establish an act is illegal, then discuss

Ex Parte Merryman.

Now that that's over, we can join the discussion in progress and note that no one is even trying to defend Lincoln's actions on legal or constitutional grounds. Friend leftyhunter's opening phrase "In Lincoln's defense....." acknowledges that his action needed defending, and the only defense being offered is that necessity overrides legality.

 

[jgoodguy]

Ex Parte Merryman.

Really? Ex Parte Merryman? What exactly was it other than a collection of words you quoted? What illegality did it entail? Looking intently for something?

 

[jgoodguy]

Now that that's over, we can join the discussion in progress and note that no one is even trying to defend Lincoln's actions on legal or constitutional grounds. Friend leftyhunter's opening phrase "In Lincoln's defense....." acknowledges that his action needed defending, and the only defense being offered is that necessity overrides legality.

Why defend legal actions with no court decisions ruled them illegal and illegal is in the minds of some blog posters. Why do we have to defend constitutional actions to folks that throw stuff against the wall to see what sticks.
I say the Noble and Wise Lincoln acted legally and Constitutionally. Do you have something other than opinions to offer opposing mine.

 

[leftyhunter]

Why defend legal actions with no court decisions ruled them illegal and illegal is in the minds of some blog posters. Why do we have to defend constitutional actions to folks that throw stuff against the wall to see what sticks.
I say the Noble and Wise Lincoln acted legally and Constitutionally. Do you have something other than opinions to offer opposing mine.

I can't speak for @Carronade but he did quote the U.S. Court of Appeals Case Ex Parte Merryman. Interestingly enough the case was not appealed to the U.S. Supreme Court by the U.S. Attorney General. Also interesting is how does a chief justice moonlight on another court?
Leftyhunter

 

[leftyhunter]

Ex Parte Merryman.

Now that that's over, we can join the discussion in progress and note that no one is even trying to defend Lincoln's actions on legal or constitutional grounds. Friend leftyhunter's opening phrase "In Lincoln's defense....." acknowledges that his action needed defending, and the only defense being offered is that necessity overrides legality.

Maybe necessity does trump the law. It is not like Jefferson Davis and friends where following the constitution either. What real harm did Lincoln inflict. If Lincoln temporarily jailed some pro Confederate state legislators and saved thousands of lives in the process no harm no fowl.
Leftyhunter

 

[jgoodguy]

I can't speak for @Carronade but he did quote the U.S. Court of Appeals Case Ex Parte Merryman. Interestingly enough the case was not appealed to the U.S. Supreme Court by the U.S. Attorney General. Also interesting is how does a chief justice moonlight on another court?
Leftyhunter

I suppose one more throwing of Ex Parte Merryman on the wall to see if it will stick is to be entertained. The bottom line of Ex Parte Merryman is Taney's opinion in a staged political drama by one embittered opponent of Lincoln. No illegal acts found or determined and no orders given. Even if Ex Parte Merryman was something more, it is not illegal for one of the independent branches of the US Constitutional government to ignore orders from the other 2 branches. Since SCOTUS did not get involved, we do not have any claim of Constitutionality.

ex parte Merryman

Taney filed his Ferryman decision with the United States Circuit Court for the District of Maryland, but it is unclear if Taney's decision was a circuit court decision. One view, based in part on Taney's handwritten copy of his decision in Merryman, is that Taney heard the habeas action under special authority granted to federal judges by Section 14 of the Judiciary Act of 1789. According to this view, Merryman was an in-chambers opinion. Due to its vague jurisdictional locus and hastened disposition, the nature of the Merryman decision remains contested to this day.[4][5]​

Finally, Taney's final order in Merryman never actually ordered Cadwalader (the actual defendant), the Army, Lincoln or his administration, or anyone else to release John Merryman.
​

Speaking of moonlighting.

Prohibited Government Acts: A Reference Guide to the United States Constitution
By Jack Stark
Interesting discussion about Ex parte Merryman worth looking at but concludes.

A member of this forum observed.

Ex Parte Merryman was Roger B. Taney sticking his tongue out at Lincoln and yelling, "Your mother wears army boots!" at him.

 

[leftyhunter]

I suppose one more throwing of Ex Parte Merryman on the wall to see if it will stick is to be entertained. The bottom line of Ex Parte Merryman is Taney's opinion in a staged political drama by one embittered opponent of Lincoln. No illegal acts found or determined and no orders given. Even if Ex Parte Merryman was something more, it is not illegal for one of the independent branches of the US Constitutional government to ignore orders from the other 2 branches. Since SCOTUS did not get involved, we do not have any claim of Constitutionality.

ex parte Merryman

Taney filed his Ferryman decision with the United States Circuit Court for the District of Maryland, but it is unclear if Taney's decision was a circuit court decision. One view, based in part on Taney's handwritten copy of his decision in Merryman, is that Taney heard the habeas action under special authority granted to federal judges by Section 14 of the Judiciary Act of 1789. According to this view, Merryman was an in-chambers opinion. Due to its vague jurisdictional locus and hastened disposition, the nature of the Merryman decision remains contested to this day.[4][5]​

Finally, Taney's final order in Merryman never actually ordered Cadwalader (the actual defendant), the Army, Lincoln or his administration, or anyone else to release John Merryman.
​

Speaking of moonlighting.

Prohibited Government Acts: A Reference Guide to the United States Constitution
By Jack Stark
Interesting discussion about Ex parte Merryman worth looking at but concludes.

A member of this forum observed.

I agree the Merryman decision is not settled law. Really it is an issue that the U.S.Supreme Court needs to look at. The Wiki article on the Merryman decision noted that in separate cases other Supreme Court justices ruled differently in similar cases. So no clear answer that Lincoln did anything wrong in suspending Habeas Corpus.
Leftyhunter

 

[WJC]

I agree the Merryman decision is not settled law. Really it is an issue that the U.S.Supreme Court needs to look at. The Wiki article on the Merryman decision noted that in separate cases other Supreme Court justices ruled differently in similar cases. So no clear answer that Lincoln did anything wrong in suspending Habeas Corpus.
Leftyhunter

I agree, but will phrase it a little differently. By the muddled 'decision', the Court let stand Lincoln's actions, essentially legitimizing them.
Hopefully, our country never again is faced with such dangerous and uncertain times and no President has to follow in Lincoln's footsteps....

 

[cash]

I can't speak for @Carronade but he did quote the U.S. Court of Appeals Case Ex Parte Merryman. Interestingly enough the case was not appealed to the U.S. Supreme Court by the U.S. Attorney General. Also interesting is how does a chief justice moonlight on another court?
Leftyhunter

What was there to appeal? Taney's decision didn't affect anything. He didn't order Merryman's release. He simply threw a temper tantrum.

 

[cash]

I can't speak for @Carronade
Also interesting is how does a chief justice moonlight on another court?
Leftyhunter

Supreme Court justices did double duty as district court judges as well. Each justice was assigned a specific district.

 

[leftyhunter]

Supreme Court justices did double duty as district court judges as well. Each justice was assigned a specific district.

Today not so much?
Leftyhunter