President lincoln authorized his military commanding general to suspen. We are all just supposed to know that the case was ex parte merryman, a civil war case, and the purported judicial order was issued by that old curmudgeon. Before the chief justice of the supreme court of the united states, at chambers. Dec 02, 20 excerpts from the decision of ex parte merryman having to do with the suspension of the writ of habeas corpus by chief justice taney. Merryman, a civilian accused of treason during the u. As the fires of southern confederacy flamed around the city of washington, lincoln decided that a bold step was required to. After general george cadwalader, honoring lincolns order suspending the writ, refused to respond to taneys command to produce the body of accused traitor. John merryman was a citizen of maryland and officer in the maryland cavalry who. The application in this case for a writ of habeas corpus is made to me under the 14th section of the judiciary act of 1789, which renders effectual for the citizen the constitutional privilege of the habeas corpus. The army arrests john merryman, whose lawyer disputes the detentions legality before the federal circuit court. Ex parte merryman and debates on civil liberties during. Milligan, a civilian resident of indiana who was violently opposed to the war, was arrested by order of the commander of the military district. The clerk of the circuit court in baltimore delivered the papers inex parte merrymanto the white house, apparently by mail. Ex parte merryman, 1 ex parte milligan, 2 and ex parte mccardle.
Ex parte merryman was a habeas corpus case challenging the military detention of john. Milligan was sentenced to death by a military commission in indiana during the civil war for engaging in acts of disloyalty. I recently posted a short paper taking issue with the standard restatement of ex parte merryman. Of merryman and milligan and mccardle john yoo three cases define the supreme courts encounter with the civil war. This paper is a short reply to several responses which i have received from andrew hyman. Ex parte merryman go492 independent study on american. Myth, history, and scholarship says there is a myth about ex parte merryman. This article seeks to disentangle merrymans many myths from reality. The merryman case, 17 federal cases 144 circuit court md. In the first month of the civil war, president lincoln authorizes the ancient general winfield scott to suspend the writ of habeas corpus for military.
Ex parte merryman mural maynooth university research. Ex parte merryman case brief for law students casebriefs. Taney had also written the majority opinion in the controversial dred scott case in 1857, a decision than lincoln publicly criticized in his famous debates with stephen douglas. After general george cadwalader, honoring lincolns order suspending the writ, refused to respond to taneys command to produce the body of accused traitor john merryman in federal court, taney denied the legitimacy of lincolns. Supreme court ruled that the federal government could not establish military courts to try civilians except where civil courts were no longer functioning in an.
The case, ex parte merryman 1861, came before supreme court justice roger taney, sitting as a circuit court judge. Ex parte merryman federal trials and great debates in united states history. However, the one case squarely addressing the question, chief justice roger b. As the fires of southern confederacy flamed around the city of washington, lincoln decided that a bold step was required to save the union, even if it lacked historical and constitutional precedent. Document 2 ex parte merryman above, chief justice roger taney two days after lincolns letter to scott, he suspended the writ of habeas corpus along the rail corridor from philadelphia to washington. Petition for a writ of habeas corpus, john merryman, 32. Ex parte merryman wikisource, the free online library. Myth, history, and scholarship presentation slides january 8, 2016. This article seeks to disentangle merryman s many myths from reality. On the 26th may 1861, the following sworn petition was presented to the chief justice of the united states, on behalf of john merryman, then in confinement in fort mchenry. Chief justice roger taney determined that the lincoln administrations policy empowering the.
Lincoln ignored taneys ruling, argued that the constitution allowed this suspension in a time of rebellion. Milligan was sentenced to death by a military commission in indiana. A short narrative, 1 introduction, 1 threat of secession, 1 the arrest of merryman, 2 chief justice taney in court, 2 the military resists, 3 limited orders of the court, 3 taneys opinion, 4 lincoln on habeas corpus, 5. Ex parte merryman held that only congress could suppress a writ of habeas corpus, not a president. Circuit courts, as well as the judges thereof, are authorized, by the fourteenth section of the judiciary act, to issue the writ of habeas corpus for the purpose of inquiring into the cause of commitment, and they have. Suggested citation tillman, seth barrett, ex parte merryman. Judge cadwaladers opinion on the court case of cadwalader. Excerpts from the decision of ex parte merryman having to do with the suspension of the writ of habeas corpus by chief justice taney. It was a test of the authority of the president to suspend the privilege of the writ of habeas corpus under the constitutions suspension clause, when congress was in recess and therefore unavailable to do so itself. Lincoln ignored taneys ruling, argued that the constitution. Judge cadwaladers opinion on the court case of ex parte merryman from judge john cadwalader papers, box 264, folder 2, civil war the following is an undated opinion on the case of ex parte merryman. Presidential war powersthe merryman, milligan, and. A military officer residing in pennsylvania issues an order to arrest a citizen of maryland, upon vague and indefinite charges, without any proof, so far as appears.
In the first month of the civil war, president lincoln authorizes the ancient general winfield scott to suspend the writ of habeas corpus for military detainees. Ex parte merryman maryland state archives 350 rowe boulevard annapolis, md 21401 phone. Ex parte merryman and ex parte milligan the scoop on. Ex parte merryman and debates on civil liberties during the civil war iii contents ex parte merryman.
John merryman the son had a son named nicholas merryman of hereford farm who was the father of john merryman of hayfields from ex parte merryman. Ex parte merryman, opinion of chief justice roger taney. Cadwalader papers, box 264, folder 2, civil war the following is an undated opinion on the case of ex parte merryman. It was a test of the authority of the president to suspend the privilege of the writ of habeas corpus. John merryman was a citizen of maryland and officer in the maryland cavalry who was held without charges in fort mchenry as a result of. The vehicle for the struggle would be taneys decision in ex parte merryman. This threads purpose is first to show the myth with examples and then bust it if possible. A short narrative, 1 introduction, 1 threat of secession, 1 the arrest of merryman, 2 chief justice taney. Circuit courts, as well as the judges thereof, are authorized, by the fourteenth section of. An answer from the arguments surrounding ex parte merryman. Ex parte merryman and debates on civil liberties during the civil war a short narrative introduction in the early weeks of the civil war, a brief proceeding in a federal court in maryland revealed to the public. Lincon and taney had not been on good terms prior to taneys decision on the habeas question in ex parte merryman, which he issued while acting as a circuit judge. Aug 20, 2015 this article seeks to disentangle merrymans many myths from reality. Supreme court ruled that the federal government could not establish military courts to try civilians except where civil courts were no longer functioning in an actual theatre of war.
The petitioner was accused of treason against the united states. Jul 06, 2017 tillman, seth barrett, ex parte merryman. Ex parte merryman and debates on civil liberties during the. Merryman power and the dilemma of autonomous executive branch interpretation, 15 cardozo l. The application in this case for a writ of habeas corpus is made to me under the 14th. There are now confined in the fortresses of the nation a large number of what may properly be called state prisoners. On may 25, 1861, a secessionist named john merryman was imprisoned by military order at fort mchenry, baltimore, md. Moreover, these mistakes are not unique to academic lawyers. President lincoln suspended the writs of habeas corpus. Merryman wanted to be removed from prison and charged in open civilian court. Elizabeth merryman maried john gorsuch and had a daughter eleanor gorsuch 17741858 who married joseph merryman 17601829 of clover hill. Chief justice roger taney, sitting as a federal circuit court judge, ruled that the authority to suspend habeas corpus lay with congress, not the. Debates on lincolns suspension of habeas corpus a primary source activity pdf, 96. The constitution does not give the president the authority to suspend, or authorize the suspension of, the writ of habeas corpus.
The court in the present case held that while its true that in a time of peace, the president. In a prior publication, in 2015, yoo wrote that lincoln had ignored taneys order releasing merryman. Jul 24, 2018 we are all just supposed to know that the case was ex parte merryman, a civil war case, and the purported judicial order was issued by that old curmudgeon. Ex parte merryman 1861 chief justice taney ruled that lincoln had exceeded his authority in suspending the writ habeas corpus in maryland. Taneys opinion in ex parte merryman concerning lincolns suspension of the writ during the civil war, is cited. This paper is a short reply to several responses which i have received from andrew hyman posted at the originalism blog and others. Ex parte merryman united states law case 1861 britannica. Background of the case in 1864 during the civil war, lambdin p. Taneys strongly worded opinion asserted two things.
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