Merryman remained in custody while Congress remained in recess. Lincoln also received an opinion supporting his suspension from his Attorney General, Edward Bates. The Bates opinion (or a preliminary draft of that opinion) may have influenced Lincoln's subsequent message to Congress that discussed his administration's policy in regard to habeas corpus. However, Lincoln's message to Congress was dated July 4, 1861; the Bates opinion was dated the next day, July 5, 1861. Lincoln, in his message to Congress, framed the issue as: