Lincoln, the Civil War and Habeas Corpus
By Gene Barton
The Latin phrase habeas corpus means “you have the body.” Generally speaking, when one speaks of habeas corpus in a legal context, the reference is usually understood to mean habeas corpus ad subjiciendum, which is defined as: “A writ directed to the person detaining another, and commanding him to produce the body of the prisoner, or person detained.”1
Thus, a request for a writ of habeas corpus typically seeks an order releasing a person from custody. “This is the most common form of habeas corpus writ, the purpose of which is to test the legality of the detention or imprisonment;...