Presidential Order Constitutional Neutral (+0.02)

Executive Order No. 2—State Prisoners

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Thursday, February 27, 1862

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1 min read (153 words)

Plain-English Translation & Framers' Constitutional Analysis

Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.

This executive order, signed by President Abraham Lincoln on 1862-02-27, establishes federal administrative policy concerning "No. 2—State Prisoners." It is a direct, concise executive instruction delivering focused administrative or military commands to department leadership.

Constitutional Assessment: Scrutinized through Article II, Section 2, this action exercises the President's constitutional role as Commander in Chief. Early Framers recognized broad executive discretion in commanding military forces during conflict, provided it remains bounded by congressional declarations and respects civilian domestic courts.

Key Directives & Operative Actions

▪ WAR DEPARTMENT It is ordered, first.

▪ Edwards Pierrepont, of New York, be, and they are hereby, appointed commissioners for the purposes above mentioned, and they are authorized to examine, hear, and determine the cases aforesaid, ex parte and in a summary manner, at such times and places as in their discretion they may appoint, and make full report to the War Department.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners

Total Words

153

908 characters

Estimated Read Time

1 min

@ 200 words / min

Flesch-Kincaid

11.3

Post-Grad reading level

Constitutional Polarity

+0.02

Framers' Alignment index

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Scholarly & Legal Citations

Exec. Order, "Executive Order No. 2—State Prisoners," Abraham Lincoln (Feb 27, 1862). Available at https://executiveordersarchive.org/orders/app-executive-order-no-2-state-prisoners.

Official Document Text

Source: The American Presidency Project (UCSB Archive)

Original Source →

WAR DEPARTMENT It is ordered, first. That a special commission of two persons, one of military rank and the other in civil life, be appointed to examine the cases of the state prisoners remaining in the military custody of the United States, and to determine whether, in view of the public safety. and the existing rebellion, they should be discharged or remain in military custody or be remitted to the civil tribunals for trial. Second. That Major-General John A. Dix, commanding in Baltimore, and the Hon. Edwards Pierrepont, of New York, be, and they are hereby, appointed commissioners for the purposes above mentioned, and they are authorized to examine, hear, and determine the cases aforesaid, ex parte and in a summary manner, at such times and places as in their discretion they may appoint, and make full report to the War Department. By order of the President: EDWIN M. STANTON, Secretary of War.