Ex parte Merryman facts for kids
Ex parte Merryman was an important U.S. federal court case during the American Civil War. It tested how much power the President had. Specifically, it questioned if the President could stop the right of habeas corpus. This right allows a person who is arrested to ask a court to decide if their arrest is legal. The case also explored if the President could choose not to follow court decisions.
John Merryman was a well-known farmer from Baltimore County, Maryland. He was arrested at his home. He was accused of destroying railroad bridges that Union troops were using. Merryman was held prisoner at Fort McHenry in Baltimore harbor. He was not allowed to speak with lawyers or court officials.
Chief Justice Roger B. Taney heard Merryman's case. He ruled that only Congress had the power to suspend habeas corpus. President Abraham Lincoln's government, including the United States Army, did not follow this ruling. Merryman was released on bail weeks later without further legal action. In 1863, Congress passed a law called the Habeas Corpus Suspension Act. This law officially allowed the suspension of habeas corpus during the war.
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Understanding Habeas Corpus
When someone is arrested, they have a right called habeas corpus. This Latin phrase means "you shall have the body." It allows a court to demand that the arresting authority explain why a person is being held. The court can then decide if the arrest is proper. If not, the person might be released or given bail.
The United States Constitution talks about this right in Article I, Section 9. It says that the right of habeas corpus cannot be stopped. This is unless there is a rebellion or invasion and public safety requires it. This part of the Constitution is called the Suspension Clause.
Maryland's Role in the Civil War
The Civil War began in April 1861. President Lincoln asked states to send troops to fight the rebellion. Troops traveling to Washington had to pass through Baltimore, Maryland. On April 19, angry crowds in Baltimore attacked some troop transports. They did not want a war with the Southern states.
It seemed possible that Maryland might try to stop troops from reaching Washington. This would have cut off the capital and made it harder to fight the war. On April 29, Maryland's lawmakers voted against joining the Southern states. However, they also voted not to reopen train lines to the North. They asked Lincoln to remove federal troops from Maryland.
Lincoln refused this request. He feared more riots if troops continued to pass through Baltimore. For a few weeks, troops traveled to Washington through Annapolis instead. On April 19, Lincoln asked his Attorney General, Edward Bates, for advice. He wanted to know if he could suspend habeas corpus.
Lincoln's Order and Merryman's Arrest
The capital was in serious danger. Lincoln gave limited power to the Army to suspend habeas corpus in Maryland. On April 27, 1861, he told General Winfield Scott that if there was resistance, Scott could suspend habeas corpus.
After Maryland's lawmakers said the state should not be used for troops, Governor Hicks reportedly ordered state militia to destroy railroad bridges. These bridges were near Bush River and Gunpowder River. On May 25, Militia Lieutenant John Merryman was arrested. Brigadier General William High Keim ordered his arrest. Merryman was accused of acting against the government by destroying the bridges. He was also accused of being part of a group planning to fight the government.
The Court's Challenge to the Military
Merryman's lawyers went to Washington, D.C. They asked Chief Justice Taney to issue a habeas corpus writ. Taney quickly issued the writ on May 26, 1861. He ordered General George Cadwalader, who commanded Fort McHenry, to bring Merryman to court the next day. Taney's order only asked for Merryman to be brought to court, not to be released.
General Cadwalader responded to Taney's order on May 27. He sent an officer to explain that the Army had suspended habeas corpus. This was done under the President's authority. Cadwalader also sent a letter explaining Merryman's arrest. He said public safety was still at risk. Cadwalader asked for more time to get instructions from the President.
Taney refused this request. He said Cadwalader was disobeying a court order. Taney then ordered a U.S. Marshal to arrest Cadwalader and bring him to court. However, the Marshal was not allowed into Fort McHenry. The military refused to follow the court's order. This created a direct conflict between the court and the military.
Chief Justice Taney's Decision
On May 28, Chief Justice Taney announced his decision. He stated that the President could not suspend habeas corpus. He also said the President could not allow military officers to do so. Taney explained that military officers could not arrest civilians unless ordered by the courts. He warned that if the military ignored court orders, it could lead to violence.
Taney then sent his full written decision to President Lincoln. He wanted Lincoln to uphold the laws and ensure the military followed court orders.
Criticism and Controversy
Some people believed Taney was a strong supporter of the Democratic Party. They thought his political views influenced his decision in Merryman. They pointed to another controversial case, Dred Scott, where Taney's court made a broad ruling. In Merryman, Taney's quick actions against General Cadwalader during wartime also drew criticism.
However, others argued that Taney's decision was simply following the law. They believed Lincoln did not have the power to suspend habeas corpus. Lincoln himself had criticized Taney for the Dred Scott ruling. The Merryman case became historic because Lincoln chose not to follow Taney's ruling. He continued the suspension without Congress's approval. It is still debated whether a president can independently suspend habeas corpus.
Taney's Legal Reasoning
Taney filed his written opinion on June 1, 1861. He argued that Lincoln had taken too much power. Taney's main point was that the Suspension Clause is in Article I of the Constitution. This article is about the Legislative Branch (Congress), not the Executive Branch (the President).
Taney also said that in English law, only Parliament, not the King, could suspend habeas corpus. He wrote that if the military could ignore these laws, then people would no longer live under a government of laws. Instead, their lives and freedom would depend on the will of army officers.
Taney reminded everyone that the United States Declaration of Independence criticized the King for making the military more powerful than civilian government. He also quoted an earlier Chief Justice, John Marshall. Marshall had said that if public safety required suspending habeas corpus, it was up to Congress to decide.
It is important to note that Taney's final order in Merryman did not directly tell anyone to release John Merryman.
President Lincoln's Reasoning
Many people believe that Lincoln's government did not follow the law by ignoring Taney's decision. Others argue that Taney's legal interpretation was wrong. They say Lincoln's actions were necessary and justified.
John Merryman remained in custody while Congress was not in session. Lincoln also received legal advice from his Attorney General, Edward Bates. Bates's opinion supported Lincoln's power to suspend habeas corpus.
In a message to Congress on July 4, 1861, Lincoln explained his actions. He said the Constitution does not clearly state who can suspend habeas corpus. He argued that the rule was for dangerous times. He believed the people who wrote the Constitution would not have wanted the country to fall apart while waiting for Congress to meet.
Lincoln asked, "Are all the laws, but one, to go unexecuted, and the government itself go to pieces, lest that one be violated?" He suggested that Congress could make a law about it. Congress later did, approving Lincoln's suspension of habeas corpus after the fact.
Many experts, both during and after the war, agreed with Lincoln. They felt he had a good point. Congress often took long breaks, and a rebellion could happen during these times.
Aftermath of the Case
Merryman's Indictment
On July 10, after Congress had reconvened, Merryman was formally accused of acting against the government. A grand jury in Baltimore charged him with working with 500 armed men to wage war on the United States. He was accused of destroying six railroad bridges and telegraph lines. This was done to stop troops and military communications. Merryman was released on $20,000 bail on July 13.
However, his case never went to trial. Chief Justice Taney refused to schedule hearings for Merryman or others accused of similar actions. He believed they would not get a fair trial during wartime. Taney continued to delay the trials until his death in 1864. The next Chief Justice, Salmon P. Chase, also delayed these cases.
Later Legal Discussions
The other justices of the U.S. Supreme Court were not involved in the Merryman case. Some lower courts did adopt Taney's opinion. For example, courts in New York and Wisconsin followed his lead. However, many Northern lawyers and judges supported Lincoln's view. They believed Taney's opinion could be changed by political processes.
The Merryman decision remains one of the most famous court cases from the Civil War era. It is often discussed alongside the Dred Scott case. Justice Antonin Scalia later referred to Taney's argument in a dissenting opinion in the case of Hamdi v. Rumsfeld. He agreed that only Congress could suspend habeas corpus. However, no U.S. Supreme Court decision has ever fully agreed with or rejected Taney's opinion in Merryman.
