Civil War, Lincoln, and the Press

The Restriction of Civil Liberties 

During the Civil War, President Lincoln enforced Union generals to stop newspapers from publishing battle plans. He did this to also prevent those who sided with the Confederacy from leaking information to the South. 

Oftentimes, the press would make the public question Lincoln's competence and his antislavery mission (Holzer, 2014, p. 227). Lincoln hoped that restricting the press would help the North win the war, but it was difficult to do so when many did not appreciate Lincoln infringing on American's constitutional rights to freedom of the press and freedom of speech. Lincoln's Democratic opponents strongly believed that the right to free press and speech should always be absolute, no matter if it led to a revolt of the people (Holzer, 2014, p. 33).

Examples of Infringing on Rights

Many people were not happy to see Lincoln win the presidency, as they knew he would fight for the end of slavery. In December of 1860, the New York Herald claimed that "bloody carnage will inaugurate his presidency" due to the civil war over slavery.

Lincoln had supporters too. After a grand jury in New York and New Jersey, many postmasters collected newspapers that opposed the war. Some newspapers outright named the publications that were against the war in the North. For example, The Christian Ambassador published an article called "Disloyal Religious Newspapers," where the publication named Freeman's Journals as disloyal and supporting the overthrow of the lawful government. 

Later on, the Secretary of State William Seward would order the arrest of an editor for Freeman's Journals for publishing treasonous statements. The editor was held for 11 months and never received a trial during that time. 

Another time, Lincoln ordered the arrest of two reporters for the New York World. He believed they had written false statements that claimed Lincoln signed off on them. Lincoln took his order back once he realized they were not working for the enemy. The Boston Daily Advertiser released an article titled, " The Suspended Journals," not long after Lincoln allowed the journalists to resume publication. In the article, the Boston newspaper shared joy over this news and claimed that other publications agreed that Lincon made a mistake in assuming the two journalists were out to get him. 

Censorship of the Telegraph and the Chaos It Caused

Before the war started, telegraphs had been a new form of technology. With that being said, the telegraph often allowed for communication from reporters on the battlefield. This could allow reporters to share information about strategies and more. Lincoln decided to censor any telegraphs to and from Washington. The Boston Daily Advertiser wrote in 1862 that some prominent journalists supported the military control over telegraph communications. 

An individual's freedom of speech was infringed upon when Clement Vallandigham, a congressman, spoke openly about his thoughts on Burnside’s General Order No. 38. The order stated that any treason that was expressed or implied would not be allowed. Anyone who violated the order would be arrested. The congressman expressed his disgust over the order at a rally held by the Democratic party. He wished for the overthrow of "King Lincoln" and wanted a peaceful solution to the war. 

Burnside ordered that Vallandigham be arrested once he learned of the speech. He was arrested at his home in early May. The Newark Advocate released the charges against Vallandigham soon after his arrest. He was charged with, "Publicly expressing, in violation of General Order No. 38... sympathy for those in arms against the Government of the United States, and declaring disloyal sentiments and opinions, with the object and purpose of weakening the power of the Government in its efforts to suppress an unlawful rebellion” (Newark Advocate). 

Vallandigham was found guilty and sentenced to imprisonment until the end of the war, as this arrest fell under the president's war powers. In fear of portraying the congressman as a martyr due to the rash arrest and sentencing,  Lincoln banished him to the Confederacy instead. 

President's War Powers

Due to the fact that a civil war had never occurred before the Constitution was created, there wasn't any information about how to handle the press and freedom of speech when the country is torn into two.

The Constitution does explain that Congress cannot restrict freedom of speech, but not for the president. But, Lincoln justified his decisions due to the president's power during a war, which is allowed under the Constitution. 

Many criticize Lincoln for doing what he did but claim that it was necessary for the war. Personally, I think Lincoln did infringe on rights reserved for Americans based on the First Amendment. Yes, it must have been frustrating to read about battle plans being leaked, or criticism on the war, or soldiers trading newspapers to enemies, but they're allowed to do all of those things as a citizen of America. 

Works Cited

Holzer, H. (2014). Lincoln and the power of the press: The war for public opinion. Simon and Schuster.

Drifting Rapidly to Civil War. (1860, December 24). New York Herald. Retrieved from https://link.gale.com.libproxy.highpoint.edu/apps/doc/GT3003667206/GDCS?u=hpu_main&sid=GDCS&xid=d82e7b0f

Disloyal Religious Newspapers. (1861, September 14). Christian Ambassador, 11(37), 147. Retrieved from https://link.gale.com.libproxy.highpoint.edu/apps/doc/MKASDP354882747/GDCS?u=hpu_main&sid=GDCS&xid=f21e8dc5

The Suspended Journals. (1864, May 24). Boston Daily Advertiser. Retrieved from https://link.gale.com.libproxy.highpoint.edu/apps/doc/GT3006402241/GDCS?u=hpu_main&sid=GDCS&xid=b446417f

"Military Possession of Telegraph Lines." Boston Daily Advertiser, 27 Feb. 1862. Nineteenth Century U.S. Newspapers, https://link.gale.com.libproxy.highpoint.edu/apps/doc/GT3006372718/GDCS?u=hpu_main&sid=GDCS&xid=2e64a267. Accessed 29 Apr. 2020.

Burnside, G., & Richmond, L. (1863, May 22). Sentence of Hon. C. L. Vallandigham. Newark Advocate. Retrieved from https://link.gale.com.libproxy.highpoint.edu/apps/doc/GT3005401975/GDCS?u=hpu_main&sid=GDCS&xid=7de0710b